The Transformation of the Prohibition of Torture in International Law

by Lutz Oette

• ISBN13: 9780198885627
• ISBN10: 0198885628
• Format: Nonspecific Binding
• Copyright: 2024-06-04
• Publisher: Oxford University Press Academic UK

Summary

The prohibition of torture and other cruel, inhuman, degrading treatment or punishment has a special status. It is the foremost international human rights norm protecting persons from attacks on their dignity and integrity. Consequently, it has been at the forefront of a series of developments in international human rights law and international law more broadly. Having withstood sustained challenges to its absolute nature in the 'war on terror', it has broadened its scope of application, becoming more sophisticated and complex in the process. The prohibition of torture increasingly interacts with other fields of human rights law, such as non-discrimination law, international criminal law, international humanitarian law, and international migration law.

The Transformation of the Prohibition of Torture in International Law analyses the nature and significance of this transformation and looks into the scope of the prohibition's further evolution. Empirical scholarship, innovative human rights body practice, and challenges from activists, particularly from the Global South, have focused on the relational nature of torture and other ill-treatment, its embeddedness in wider structures of power, and the role of international law in legitimizing-if not facilitating-widespread suffering, from mass incarceration to poverty and climate change. This analysis reveals an inherent tension in the prohibition between a conventional, narrow focus on direct State violence and a wide lens encompassing myriad forms of suffering. To retain its validity and effectiveness in the twenty-first century, argues Lutz Oette, the prohibition on torture must navigate this tension and successfully address and transform abusive power asymmetries.

Author Biography

Lutz Oette, Professor of International Human Rights Law, SOAS University of London

Lutz Oette is a Professor of International Human Rights Law at SOAS, University of London, and co-director of the SOAS Centre for Human Rights Law. He has extensive experience working with civil society actors, academic counterparts, and others on the prohibition of torture and justice for torture survivors worldwide, with a particular country focus on human rights, law reform, and justice in Sudan. Professor Oette has published widely on human rights law, including his co-authored (with Ilias Bantekas) textbook on International Human Rights Law and Practice.

Table of Contents

Introduction1. Contestation: Challenges to the absolute prohibition of torture2. Conceptualization: Understanding torture and other cruel, inhuman or degrading treatment or punishment3. Diversity: Discriminatory torture and other ill-treatment4. Contextualization: Towards effective prevention of and justice for torture5. Complexity: The prohibition in international criminal law, international humanitarian law, and international migration law6. Expansion: Widespread and systemic suffering and the future of the prohibitionConclusion