OUVRAGE : S. Casey-Maslen, The Prohibition of Torture and Ill-Treatment under International Law

Stuart CASEY-MASLEN

The first comprehensive analysis of domestic and international law defining and prohibiting torture and other forms of ill-treatment, this groundbreaking work reviews the law on torture in countries around the world. It considers how international law governs the use of force by police against suspects held in custody and during protests, and the practice and outlawing of torture both in peacetime and during armed conflict. The analysis also includes the application of universal jurisdiction, which is used in the attempt to prosecute and punish torture committed anywhere in the world. The application and execution of the death penalty are also discussed in detail.

TABLE OF CONTENTS

Introduction

Torture and Its Purposes
The Layout of the Book

1. The Definition of Torture under International Law

Introduction
The UN Definition of Torture
Regional Definitions of Torture
The Definition of Torture under International Humanitarian Law
The Definition of Torture in International Criminal Law

2. The Definition of Other Ill-Treatment under International Law

Introduction
The Different Forms of Ill-Treatment
The Definition of Forms of Ill-Treatment Other than Torture
The Death Penalty As Proscribed Ill-Treatment
The Duty to Investigate Alleged Ill-Treatment

3. The Status and Jurisdiction of the Prohibitions under International Law

Introduction
The Prohibition of Torture and Other Ill-Treatment in Treaty Law
The Prohibition of Torture As a Customary Rule
The Prohibition of Torture As a Jus Cogens Norm
The Prohibition of Other Ill-Treatment As Customary Rules
Jurisdictional Issues

4. National Legislation on Torture

Introduction
The Prohibition of Torture in Constitutional Instruments
The Criminalisation of Torture in the Penal Code
The Prohibition of Torture in Dedicated Legislation or Codes of Criminal Procedure
Penalties for the Perpetration of Torture

5. The Relationship between the Prohibitions of Torture and Other Ill-Treatment and Other Human Rights

Introduction
The Interrelationship with the Right to Life
The Interrelationship with the Right to Security
The Interrelationship with the Right to Liberty
The Interrelationship with the Right to Private and Family Life
The Interrelationship with Fair-Trial Rights
The Interrelationship with the Prohibition on Enforced Disappearance
The Interrelationship with the Prohibition on Slavery

6. The Protection of Detainees in Peacetime

Introduction
The Protection of Persons in Police Custody
The Protection of Prisoners
The Protection of Women in Detention
The Protection of Children in Secure Institutions
The Protection of Persons in the Power of Private Security Companies

7. The Prohibition of Torture and Ill-Treatment in Armed Forces and Armed Groups

Introduction
The Application of Human Rights Law to Members of Armed Forces
Hazing and Beatings
Rape and Other Sexual Violence
Child Recruitment

8. The Regulation of Extra-Custodial Use of Force by the Police

Introduction
Extra-Custodial Use of Force As Torture
Extra-Custodial Use of Force As Other Ill-Treatment

9. The Duty to Investigate and Prosecute Torture and Ill-Treatment in Peacetime

Introduction
The Nature of the Duty to Investigate
The Implementation of the Duty to Investigate Ill-Treatment
The Nature of the Duty to Prosecute
Implementation of the Duty to Prosecute

10. The Prohibitions of Torture and Other Ill-Treatment in Armed Conflict under International Humanitarian Law

Introduction
The Classification of Armed Conflict under International Humanitarian Law
The Definition and Prohibition of Torture and Other Ill-Treatment under International Humanitarian Law
Examples of Torture and Ill-Treatment in Violation of Geneva Law
The Duty to Investigate Suspected Torture and Other Ill-Treatment in Armed Conflict

11. Torture and Other Ill-Treatment and the Death Penalty

Introduction
The Mandatory Death Penalty As a Violation of International Law
Those Who May Not Be Executed
The Imposition of the Death Penalty As Torture or Ill-Treatment
Death Row and Torture and Ill-Treatment
The Manner of Executions As Torture
The Application of the Prohibitions to Non-state Armed Groups

12. Torture and Ill-Treatment As International Crimes

Introduction
Torture As a War Crime
Torture As a Crime against Humanity
Torture As an Act of Genocide
Torture As a Discrete International Crime under General International Law?

13. Torture and the Rule of Non-refoulement

Introduction
The Rule of Non-refoulement in the Convention against Torture
The Rule of Non-refoulement in International Law
The Risk of Other Ill-Treatment
Concluding Remarks

14. Global, Regional, and Local Action against Torture

Introduction
United Nations Action
Regional Action against Torture
Action by the International Committee of the Red Cross
Action by Civil Society and Humanitarian Actors

15. State Responsibility and Remedies and Reparations for the Survivors of Torture and Ill-Treatment

Introduction
The Duty to Ensure a Remedy
The Forms of Reparation
Funds for Reparation for Victims of Torture or Other Ill-Treatment
Rehabilitation of Victims of Torture 

Outlook

Index

Stuart CASEY-MASLEN, The Prohibition of Torture and Ill-Treatment under International Law, Cambridge, Cambridge University Press, 2025 (405 pp.)