International Law and Torture Lecture Notes

These flashcards cover key concepts, definitions, and arguments from the lecture on international law and torture.

What is the difference between Public International Law and Private International Law?

Public International Law governs relationships between states, while Private International Law deals with individuals in different states and conflict of laws.

What are the complications in Private International Law when crossing jurisdictions?

Differences in laws between jurisdictions can complicate legal matters, such as determining which country's law applies in a divorce.

What is the historical view of Public International Law regarding parties involved?

Historically, it involved only states (State v. State) but has more recently included individuals.

What concept did Hugo Grotius contribute to international law?

He promoted the idea of an international society of states governed by laws and agreements rather than force.

What were the key ideas embodied in the Peace of Westphalia?

It emphasized that nation-states should not resort to war, resulting in the absence of law and civilized society.

What are jus cogens norms?

Peremptory norms in international law that are fundamental and accepted as binding, such as the prohibition of genocide and slavery.

What is the 'Just War' Doctrine?

It states there are three just causes for war: self-defense, reparation of injury, and punishment.

What legal sources does international law rely on?

International law relies on customs, jus cogens, conventions, and treaties.

What is the role of the United Nations in international law?

The UN provides a forum for nations to discuss issues but lacks a genuine legislative body and effective enforcement branch.

What is the main argument H.L.A. Hart presents regarding international law?

Hart argues that international law lacks a sovereign and therefore challenges its status as true law.

What does TWAIL stand for?

Third World Approach to International Law.

What are the key concerns of TWAIL?

Understanding how international law perpetuates the subordination of developing nations, and creating opportunities for their participation.

What constitutes torture according to the Rome Statute?

Torture means intentional infliction of severe pain or suffering upon a person in custody.

What does the Geneva Convention Article 17 state?

It prohibits physical or mental torture of prisoners of war for information.

What is the utilitarian rationale for torture?

It suggests that torture may quickly yield valuable information that can save lives.

What is Alan Dershowitz's position on torture?

Dershowitz argues for the allowance of torture under a controlled framework, including warrants for its use.

What are Bentham's five principles regarding torture?

1. Proof that the prisoner has the needed information, 2. Urgency of the situation, 3. Proportionality of harm, 4. Regulation by law, 5. Acute pain that can be turned off quickly.

How does Kant's philosophy relate to torture?

Kant argues that human dignity should never be compromised, making torture morally unacceptable.

What powers were expanded for CSIS under the Anti-Terrorism Act, 2015 (Bill C-51)?

CSIS is authorized to take measures to reduce threats to Canada's security which may contravene rights guaranteed by the Charter.

What issues arise from the use of search warrants according to recent statistics?

Many search warrants executed show a high rate of invalidity and often yield no illegal findings.

What is the criticism of torture related to its effectiveness?

Tortured individuals may not provide reliable information, and the process can degrade society.

What rationale do some countries provide for using torture?

They argue that banning torture puts their nations at a disadvantage in national security and counter-terrorism efforts.

What is the stance on torture by Christopher W. Tindale?

He presents an absolutist position against torture, emphasizing its uncertain outcomes and societal degradation.