The U.N. Convention on Torture and the prospects for enforcement

목차 (Table of Contents)

• CONTENTS
• PREFACE = xiii
• ACKNOWLEDGEMENTS = xv
• ABBREVIATIONS = xvii
• CHAPTER ONE : The Scope of the Torture Convention = 1
• Introduction = 1
• Ⅰ. The Scope of the Prohibited Conduct = 4
• A. Article Ⅰ : Definition of Torture = 4
• B. The Origins and Evolution of Article Ⅰ = 4
• Ⅱ. Comment : General Description = 9
• A. The Nature of the Conduct = 9
• B. The Intention and Purpose of the Conduct = 20
• C. The Identity of the Offender = 23
• D. The Exclusion of Conduct Inherent in or Incidental to Lawful Sanctions From the Definition of the Article = 28
• Ⅲ. The Overbreadth of the Definition of Torture = 36
• Ⅳ. The Saving Clause Against the Weakening of Other Conventions and National Laws of States = 37
• Ⅴ. Conclusion = 39
• CHAPTER TWO : The Nature of the Obligations Incurred by States Under Article 2 of the Torture Convention = 41
• Introduction = 41
• Ⅰ. The Scope of Article 2 = 43
• Ⅱ. General Comments = 43
• A. Problems Associated with Obligations of States = 43
• B. The Need for the Identification of the Nature of the Obligations of States Under this Convention = 45
• Ⅲ. The Nature of the Obligations of the States Parties = 46
• A. The Question of Timing = 46
• 1. The Practice of States = 47
• 2. The General Rules of International Law = 49
• B. The Question of the Precise Duty of the Parties = 50
• C. The Question of the Appraisal of the Effectiveness of the Measures to Prevent the Prohibited Conduct = 58
• 1. Third Party = 60
• 2. Supervisory Bodies = 62
• 3. Collective Judgement = 63
• D. The Question of the Implementation of the Measures taken by States = 65
• Ⅳ. The Territorial Application of the Convention = 74
• Ⅴ. The Prohibition of Torture in All Circumstances = 76
• A. General Comment = 76
• 1. The Question of Whether the Inclusion of These Words in This Convention Was Necessary = 78
• 2. The Question of Whether the Exceptional Circumstances Enumerated Herein Are Exhaustive or Merely an Example = 79
• Ⅵ. Due Obedience to Orders in Mitigation of Punishment = 83
• A. The Travaux Pr$$e'$$paratoires of the Convention and the Work of the International Law Commission = 83
• B. The General Principles of International Law = 85
• Ⅶ. Conclusions = 87
• CHAPTER THREE : The Problems of Enforcement of Human Rights = 89
• Introduction = 89
• Ⅰ. The Core of the Problem of Enforcement of Human Rights = 91
• A. U.N. Enforcement of Human Rights under the Charter = 100
• 1. The Lengthy Review Procedures = 104
• 2. The Ambiguity of the Review Test = 104
• 3. The Requirement of Consent = 106
• B. Enforcement of Human Rights Under the Covenant on Civil and Political Rights = 107
• 1. The Reporting System = 110
• 2. Inter-State Communications on the Non-Fulfilment of Obligations Incurred under the Covenant on Civil and Political Rights = 113
• 3. Communications of Individuals = 116
• C. Enforcement of Human Rights under the European Convention on Human Rights and Fundamental Freedoms = 118
• 1. The European Commission of Human Rights = 119
• 2. The European Court of Human Rights = 122
• 3. The Committee of Ministers = 124
• D. State Enforcement : State A Intervenes in the Territory of State B Justifying Action as Necessary = 127
• 1. International Case Law = 129
• 2. The Practice of States = 132
• Ⅱ. U.N. Action by Way of Enforcement = 138
• A. Article 2 (7) of the U.N. Charter = 138
• B. Meaning of Intervention = 139
• 1. The U.N. Practice = 141
• 2. The Legislative History of the U.N. Charter = 142
• C. The Impact of a Finding of a Threat to, or Breach of International Peace = 143
• D. The Relativity of the Concept of Domestic Jurisdiction = 148
• 1. Can It Be Defined = 152
• 2. Who Has the Power to Define = 158
• 3. By What Criteria = 161
• E. The Spectrum of Intervention = 163
• 1. Sanctions = 163
• 2. Decisions = 168
• 3. The Establishment of the Protection Zones for the Kurds in Northern Iraq = 168
• Ⅲ. The Effect of Article 2 (7) of the U.N. Charter and the Declaration of Competence in the Conventions on Human Rights on the Ability of International Law to Protect Human Rights World-Wide = 170
• Ⅳ. Conclusions = 173
• CHAPTER FOUR : A Commentary on the Enforcement Mechanisms by the States Parties of the Torture Convention = 175
• Introduction = 175
• Ⅰ. The Multi-State Jurisdiction Under Article 5 of the Torture Convention = 177
• A. General Description = 177
• B. General Comment = 177
• Ⅱ. The Scope and Nature of the Jurisdiction Provided for in Article 5 of the Torture Convention = 181
• A. The Question of Whether the Jurisdiction of the State of Registration of the Aircraft or of the Ship Under Article 5(1) (a) of the Torture Convention is Exclusive = 181
• 1. The Conventions From Which the Provisions of Article 5 (1) (a) of the Torture Convention Were Borrowed = 182
• 2. The General Principles of International Law Regarding the Jurisdiction of the Flag State Over the Crimes of Torture Committed on Board Ship Under Article 5 (1) (a) of the Torture Convention = 186
• B. The Question of the Priority of the Jurisdiction of the State Where the Alleged Offender is Present in Any Territory Under its Jurisdiction According to Article 5 (2) as Against Other States Under Paragraph 1 (a) (b) and (c) of the Same Article of the Torture Convention = 189
• 1. The Travaux Pr$$e'$$paratoires of Articles of the Torture Convention = 189
• 2. The General Principles of International Law Concerning the Priority of the Jurisdiction of the State Where the Alleged Offender of Torture is Present Under Article 5 (2) of the Torture Convention = 199
• C. The Question of Whether the Multi-State Jurisdiction Provided for in Article 5 of the Torture Convention is Similar to that of Universal Jurisdiction Over Piracy = 204
• Ⅲ. The Aut Dedere Aut Judicare Formula Under Article 7 of the Torture Convention = 206
• A. General Description = 206
• B. General Comment = 206
• 1. The Question of the Nature of the Obligation of the State Where the Alleged Offender of Torture is Found Under Article 7 (1) of the Torture Convention = 208
• 2. The Question of Conflicting Requests for the Extradition of the Alleged Offender of Torture = 229
• 3. The Question of Whether Paragraph 2 of Article 7 of the Torture Convention is Capable of Preventing the Intrusion of Political Considerations in the Decision-Making Process to Prosecute or Not to Prosecute the Alleged Offender of Torture = 230
• Ⅳ. The Question of the Effectiveness of the Provisions of Articles 5 and 7of the Torture Convention in the Enforcement of the Right to be Free From Torture and Their Potential For Solving the Problem of Non-Intervention in the Domestic Affairs of States = 232
• Ⅴ. Conclusions = 234
• CHAPTER FIVE : Commentary on the International Machinery for the Supervision of the Implementation of the Torture Convention = 237
• Introduction = 237
• Ⅰ. The Nature and Composition of the International Machinery for the Supervision of the Implementation of the Torture Convention = 238
• A. General Description = 238
• B. General Comment = 240
• Ⅱ. The Establishment of the Committee Against Torture Under Article 17 of the Convention = 240
• A. The Question of the Acceptability of the Committee Against Torture to States and its Independence from their Influence = 241
• B. The Susceptibility of the Committee Against Torture to the Political Influence of States Parties to the Convention = 251
• Ⅲ. The Functions of the Committee Against Torture = 252
• A. The Reporting System = 252
• 1. General Description = 252
• 2. General Comment = 253
• 3. The Precise Powers of the Committee Against Torture When Considering the Reports of States = 254
• B. The Investigatory Procedure = 264
• 1. General Description = 264
• 2. General Comment = 265
• 3. The Extent to Which the Investigatory Procedure May Produce Its Intended Results = 265
• C. Inter-State Communications = 277
• 1. General Description = 277
• 2. General Comment = 279
• 3. The Nature of the System of Inter-State Communications and the Powers Given to the Committee Against Torture in its Administration = 280
• D. Individual Petitions = 286
• 1. General Description = 286
• 2. General Comment = 287
• 3. The Ability of the System of Individual Petitions to Provide Effective Remedies to the Victims of Torture = 288
• Ⅳ. The Potential of the Committee Against Torture = 293
• Ⅴ. Conclusions = 294
• CHAPTER SIX : General Conclusions = 295
• BIBLIOGRAPHY = 305
• Articles = 305
• Books = 310
• Awards, Decisions and Judgements of International and National Courts = 313
• Sources = 315
• Official Publications = 325
• International Treaties, Conventions and Other Instruments = 338
• APPENDIX Ⅰ = 341
• INDEX = 357