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This book provides an updated overview of current international human rights law relating to the police. Around the globe, the police have a special responsibility for the protection of human rights. Police work is governed by national rules and in addition, in today’s world, by the evolving international human rights standards. As a result of the ever-developing case law of international courts and other bodies, the requirements of human rights law on policing have become more and more detailed and complex in recent years. Bringing together a variety of distinguished authors from academia, police forces and other government authorities, the human rights movement, and international organizations, the book discusses topical issues, including the use of deadly force, the prevention of torture, effective investigations, the protection of personal data, and positive obligations of the police.
Policing and Human Rights analyses the implementation of human rights standards, tracing them from the nodal points of their production in Geneva, through the board rooms of national police management and training facilities, to the streets of downtown Johannesburg. This book deals with how the unprecedented influence of human rights, combined with the inability by police officers to ‘live up’ to international standards, has created a range of policing and human rights vernaculars – hybrid discourses that have appropriated, transmogrified and undercut human rights. Understood as an attempt by police officers, as much as by the police as a whole, to recover a position from which to act and to judge, these vernaculars reveal the compromised ways in which human rights are – and are not – implemented. Tracing how, in South Africa, human rights have given rise to new forms of popular justice, informal ‘private’ policing and provisional security arrangements, Policing and Human Rights delivers an important analysis of how the dissemination and implementation of human rights intersects with the post-colonial and post-transformation circumstances that characterise many countries in the South.
The Oxford Handbook of International Human Rights Law provides an authoritative and original overview of one of the key branches of international law. Forty contributors comprehensively analyse the role of human rights in international law from a global perspective, examining its origins and principles, and measuring its impact on the world.
International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains human rights by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.
This book examines the continued viability of international human rights law in the context of extraterritorialisation, outsourcing, and privatisation of law enforcement tasks. New forms of state cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. This book brings together some of the most authoritative legal voices to provide an introduction to core issues such as state responsibility, attribution and extraterritorial jurisdiction, as well as up-to-date case studies of different transnational law enforcement issues. It will interest students, scholars and practitioners of IR, human rights and public international law.
Basic law enforcement powers:
The second edition of Kalin and Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them.
This book examines the beliefs of law enforcement officers who support the use of torture and the implications of these beliefs for officers' responses to human rights activism and education.
While an abundance of literature covers the right of states to defend themselves against external aggression, this is the first book dedicated to the right to personal self-defense in international law. Dr. Hessbruegge sets out in careful detail the strict requirements that human rights impose on defensive force by law enforcement authorities, especially police killings in self-defense. The book also discusses the exceptional application of the right to personal self-defense in military-led operations, notably to contain violent civilians who do not directly participate in hostilities. The author establishes that international law gives individuals the right to forcibly resist human rights violations that pose a serious risk of significant and irreparable harm. At the same time, he calls into question prevailing state practice, which fails to recognize any collective right to organized armed resistance even when it constitutes the last resort to defend against genocide or other mass atrocities.