Abstract
The prohibition against torture is a well settled, absolute right in international law and human rights. As such, it presents an ideal case to understand what is at stake in human rights generally. The chapter considers the definitions of ‘torture’ contained in the UN Convention Against Torture and the Rome Statute, and then attempts to distill their essence into clear explanatory texts in Minimal English. This offers a way of thinking about the being at the heart of human rights: the human person.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Similar content being viewed by others
Notes
- 1.
In contrast, there was a deal of discussion in the drafting of the International Covenant on Civil and Political Rights (Klayman 1978: 461 ff).
- 2.
Rodley argues that there are three pillars that define torture though he draws on the UN Declaration against Torture, the first definition available. The three pillars are: ‘relative intensity of pain or suffering inflicted: it must not only be severe, it must also be an aggravated form of already prohibited (albeit undefined) cruel, inhuman or degrading treatment or punishment’; ‘the purposive element: obtaining information, confession, etc.’; and ‘the status of the perpetrator: a public official must inflict or instigate the infliction of pain or suffering’ (2002: 468).
- 3.
All these were part of a response to Israel’s 1997 country report.
- 4.
Rodley notes that what is excluded are ‘private acts for purely personal ends’ (2002: 493).
- 5.
- 6.
Out of a total of 890.
- 7.
‘There must be reasonable evidence of negligence. But, where the thing is shown to be under the management of the defendant, or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care’ per Erle CJ, Scott v London and St Katherine Docks Co (1865) 3 H & C 596 at 600.
- 8.
‘For my part, I think that there is a test that may be at least as useful as such generalities. If I may quote from an essay which I wrote some years ago, I then said: “Prima facie that which in any contract is left to be implied and need not be expressed is something so obvious that it goes without saying; so that, if, while the parties were making their bargain, an officious bystander were to suggest some express provision for it in their agreement, they would testily suppress him with a common ‘Oh, of course!’”
At least it is true, I think, that, if a term were never implied by a judge unless it could pass that test, he could not be held to be wrong’ per MacKinnon LJ Southern Foundries (1926) Ltd v Shirlaw [1939] 2 KB 206 at 227.
- 9.
If there is any reluctance on behalf of the judiciary to rely on presumptions, argue Franck and Prows, it is because of their shared ‘culture of deference to sovereignty and a reluctance to make any more law than absolutely necessary’ (2005: 243). Somehow intervening in this cultural homogeneity is, they suggest, the challenge.
References
Association for the Prevention of Torture. 2008. Torture in International Law, a Guide to Jurisprudence, with Centre for Justice and Intentional Law. APT and CEJIL.
Brown, C. 1997. Universal Human Rights: A Critique. International Journal of Human Rights 1 (1): 41–65.
Burchard, Christoph. 2008. Torture in the Jurisprudence of the Ad Hoc Tribunals. Journal of International Criminal Justice 6: 159–182.
Cobain, Ian. 2010. Cruel Britannia: A Secret History of Torture. London: Portobello Books.
Cunniffe, Diarmuid. 2013. The Worst Scars Are in the Mind: Deconstructing Psychological Torture. ICL Journal: Vienna Journal of Constitutional Law 7: 1(13): 1–59 https://www.icl-journal.com/download/00de8a26f5d95a1cd7a02862d30f34fa/ICL_Thesis_Vol_7_1_13.pdf. Accessed 9 Feb 2016.
Dembour, M.-B. 2010. What Are Human Rights? Four Schools of Thought. Human Rights Quarterly 32 (1): 1–20.
Franck, Thomas M., and Peter Prows. 2005. The Role of Presumptions in International Tribunals. The Law and Practice of International Courts and Tribunals 4: 197–245.
Grear, Anna. 2010. Redirecting Human Rights: Facing the Challenge of Corporate Legal Humanity. Basingstoke: Palgrave.
Harper, Julianne. 2009. Defining Torture: Bridging the Gap Between Rhetoric and Reality. Santa Clara Law Review 49: 893–928.
Hathaway, Oona A., Aileen Nowlan, and Julia Spiegel. 2012. Tortured Reasoning: The Intent to Torture Under International and Domestic Law. Virginia Journal of International Law 52: 791–837.
ICC. 1998. Rome Statute. https://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_english.pdf. Accessed 15 Feb 2016.
Ingelse, Chris. 2001. United Nations Committee Against Torture: An Assessment. The Hague: Kluwer Academic Publishers.
Klayman, Barry M. 1978. The Definition of Torture in International Law. Temple Law Quarterly 51: 499–517.
Lewis, Michael W. 2010. A Dark Descent into Reality: Making the Case for an Objective Definition of Torture. Washington and Lee Law Review 67: 77–136.
Luban, David, and Henry Shue. 2011. Mental Torture: A Critique of Erasures in US Law. Georgetown Law Journal 100: 823–863.
Miller, Gail. 2005. Defining Torture. Floersheimer Center for Constitutional Democracy, Occasional Paper 3. Available at http://www.cardozo.yu.edu/programs-centers/floersheimer-center-constitutional-democracy/publications. Accessed 12 May 2015.
Mooney, Annabelle. 2014. Human Rights and the Body. Farnham: Ashgate.
Nowak, Manfred. 2006. What Practices Constitute Torture?: The US and UN Standards. Human Rights Quarterly 28 (4): 809–841.
Parekh, S. 2007. Resisting “Dull and Torpid” Assent: Returning to the Debate Over the Foundations of Human Rights. Human Rights Quarterly 29: 754–778.
Rejali, Darius. 2009. Torture and Democracy. Princeton: Princeton University Press.
Rodley, N. 1997. Special Rapporteur on Torture, U.N. Doc. E/CN.4/1997/7, (Jan 10) at www.unhchr.ch/Huridocda. Accessed 12 May 2015.
———. 2002. The Definition(s) of Torture in International Law. Current Legal Problems 55 (1): 467–493.
Saif-Alden Wattad, Mohammed. 2008. The Torturing Debate on Torture. Northern Illinois Law Review 29: 1–49.
Scarry, Elaine. 1985. The Body in Pain: The Making and Unmaking of the World. Oxford: Oxford University Press.
Schechter, Rebecca. 2003. Intentional Starvation as Torture: Exploring the Gray Area Between Ill-Treatment and Torture. American University International Law Review 18: 1233–1270.
Stanley, Elizabeth. 2005. Truth Commissions and the Recognition of State Crime. British Journal of Criminology 45 (4): 582–597.
Stollznow, Karen. 2008. Dehumanisation in Language and Thought. Journal of Language and Politics 7 (2): 177–200.
Tiersma, Peter. 2001. The Rocky Road to Legal Reform: Improving the Language of Jury Instructions. Brooklyn Law Review 66 (4): 1081–1119.
Turner, Bryan S. 2006. Vulnerability and Human Rights. University Park: Penn State University Press.
UN. 1966. International Covenant on Civil and Political Rights. http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx. Accessed 8 May 2015.
———. 1984. Convention Against Torture and Other Cruel, Inhuman or Degrading Punishment or Treatment. http://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx. Last Accessed 2 Oct 2015.
Weissbrodt, David, and Cheryl Heilman. 2011. Defining Torture and Cruel, Inhuman and Degrading Treatment. Law and Inequality 29: 343.
Wierzbicka, Anna. 1996. Semantics: Primes and Universals. Oxford: Oxford University Press.
———. 2007. ‘Reasonable Man’ and ‘Reasonable Doubt’: The English Language, Anglo Culture and Anglo-American Law. International Journal of Speech Language and the Law 10 (1): 1–22.
———. 2014a. Imprisoned in English. New York: Oxford University Press.
———. 2014b. “Pain” and “Suffering” in Cross-Linguistic Perspective. International Journal of Language and Culture 1 (2): 149–173.
Wolcher, Louis. 2006. How Legal Language Works. Harvard Journal of Legislation 2: 91–125.
Wordbanks Online. n.d. Collins Wordbanks Online. http://wordbanks.harpercollins.co.uk. Accessed 12 June 2015.
Author information
Authors and Affiliations
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2018 The Author(s)
About this chapter
Cite this chapter
Mooney, A. (2018). Torture Laid Bare: Global English and Human Rights. In: Goddard, C. (eds) Minimal English for a Global World. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-62512-6_7
Download citation
DOI: https://doi.org/10.1007/978-3-319-62512-6_7
Published:
Publisher Name: Palgrave Macmillan, Cham
Print ISBN: 978-3-319-62511-9
Online ISBN: 978-3-319-62512-6
eBook Packages: Social SciencesSocial Sciences (R0)