American Torture Methods
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American Torture Methods
There are cases, both documented and alleged, that involve the usage of torture by members of the United States Federal government of the United States, government, United States Armed Forces, military, Law enforcement in the United States, law enforcement agencies, United States Intelligence Community, intelligence agencies, Healthcare in the United States, healthcare services, and other public organizations both in and out of the country. Torture is illegal in the United States. The United States came under scrutiny for controversial practices, both from foreign and domestic sources, following the Military Commissions Act of 2006. After the U.S. dismissed United Nations concerns about torture in 2006, one UK judge observed 'America's idea of what is torture ... does not appear to coincide with that of most civilized nations'. While the term "torture" has a variety of definitions and cultural contexts, this article addresses only those practices qualifying as torture under the ...
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Committee Against Torture
The Committee Against Torture (CAT) is a treaty body of human rights experts that monitors implementation of the United Nations Convention against Torture by state parties. The committee is one of eight UN-linked human rights treaty bodies. All state parties are obliged under the convention to submit regular reports to the CAT on how rights are being implemented. Upon ratifying the convention, states must submit a report within one year, after which they are obliged to report every four years. The committee examines each report and addresses its concerns and recommendations to the state party in the form of "concluding observations." Under certain circumstances, the CAT may consider complaints or communications from individuals claiming that their rights under the convention have been violated. The CAT usually meets in April/May and November each year in Geneva. Members are elected to four-year terms by state parties and can be re-elected if nominated. Tasks and activities Ra ...
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Commonwealth (U
A commonwealth is a traditional English term for a political community founded for the common good. The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth or the common wealth – echoed in the modern synonym "public wealth"), it comes from the old meaning of "wealth", which is "well-being", and was deemed analogous to the Latin ''res publica''. The term literally meant "common well-being". In the 17th century, the definition of "commonwealth" expanded from its original sense of "public welfare" or "wikt:commonweal, commonweal" to mean "a state in which the supreme power is vested in the people; a republic or democracy, democratic state". The term evolved to become a title to a number of political entities. Three countries – Australia, the Bahamas, and Dominica – have the official title "Commonwealth", as do four U.S. states and two Territories of the United States, U.S. territories. Sin ...
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District Of Columbia
Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with Maryland to its north and east. It was named after George Washington, the first president of the United States. The district is named for Columbia (personification), Columbia, the female National personification, personification of the nation. The Constitution of the United States, U.S. Constitution in 1789 called for the creation of a federal district under District of Columbia home rule, exclusive jurisdiction of the United States Congress, U.S. Congress. As such, Washington, D.C., is not part of any U.S. state, state, and is not one itself. The Residence Act, adopted on July 16, 1790, approved the creation of the Capital districts and territories, capital district along the Potomac River. The city ...
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Color Of Law
In the United States Code, the term color of law describes and defines an action that has either a "mere semblance of legal right", or the "pretense of right", or the "appearance of right", which adjusts and ''colors'' the law to the circumstance, while the apparently legal action is itself illegal. In U.S. and U.K. jurisprudence, an action realized under color of law is an act realized by an official as if he or she were authorized to take the apparently legal action not authorized by statute or common law. The term ''color of law'' first was used in English statutory law in the 13th century, originating from the fact that the soldiers and officials of the Crown carried the flag and coat of arms of the sovereign to indicate that they were acting under the legitimate authority of the sovereign. As a descriptor of official malfeasance, in the article "The Meaning of ''Under Color of Law''" (1992), Steven L. Winter said that “through the first half of the nineteenth century, '' ...
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Cruel And Unusual Punishment
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, or overly severe compared to the crime. History The words "cruel and unusual punishment" (the actual words were firstly ''illegall and cruell Punishments'' and secondly ''cruell and unusuall Punishments'') were first used in the England, English Bill of Rights 1689. They were later also adopted in the United States by the Eighth Amendment to the United States Constitution (ratified 1791) and in the British Leeward Islands (1798). Very similar words, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment", appear in Article 5 of the Universal Declaration of Human Rights adopted by the United Nations General Assembly on Decembe ...
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Excessive Bail
The Excessive Bail Clause of the Eighth Amendment to the United States Constitution prohibits excessive bail set in pre-trial detention. If a judge posts excessive bail, the defendant's lawyer may make a motion in court to lower the bail or appeal directly to a higher court. The excessive bail provision of the Eighth Amendment to the United States Constitution is based on old English common law and the English Bill of Rights. Origins In England, sheriffs originally determined whether to grant bail to criminal suspects. Because they tended to abuse their power, Parliament passed a statute where bailable and non-bailable offenses were defined. The king's judges often subverted the provisions of the law. It was held that an individual may be held without bail upon the Sovereign's command. Eventually, the Petition of Right of 1628 asserted that the king did not have such authority. Later, technicalities in the law were exploited to keep the accused imprisoned without bail eve ...
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Eighth Amendment To The United States Constitution
The Eighth Amendment (Amendment VIII) to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the United States Bill of Rights. The amendment serves as a limitation upon the state or federal government to impose unduly harsh penalties on criminal defendants before and after a conviction. This limitation applies equally to the price for obtaining pretrial release and the punishment for crime after conviction. The phrases in this amendment originated in the English Bill of Rights of 1689. The prohibition against cruel and unusual punishments has led courts to hold that the Constitution totally prohibits certain kinds of punishment, such as drawing and quartering. Under the Cruel and Unusual Punishment Clause, the Supreme Court has struck down the application of capital punishment in some instances, but capital punishment is still perm ...
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United Nations Security Council Veto Power
The United Nations Security Council veto power is the power of the five permanent members of the UN Security Council (China, France, Russia, the United Kingdom, and the United States) to veto any decision other than a "procedural" decision. A permanent member's abstention or absence does not count as a veto. A "procedural" decision (such as changing the meeting agenda or inviting a non-member to sit at a UNSC meeting) also cannot be vetoed. The veto power is controversial. Supporters state that the United Nations would break down if it attempted to enforce binding action against a permanent member and that the veto is a critical safeguard against United States domination. Russia and China regard the veto as a promoter of international stability and a check against military interventions. Critics say that the veto is the most undemocratic element of the UN, as well as the main cause of inaction on war crimes and crimes against humanity, as it effectively prevents UN action ...
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UN Security Council
The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, and approving any changes to the UN Charter. Its powers as outlined in the United Nations Charter include establishing peacekeeping operations, enacting international sanctions, and authorizing military action. The UNSC is the only UN body with authority to issue resolutions that are binding on member states. Like the UN as a whole, the Security Council was created after World War II to address the failings of the League of Nations in maintaining world peace. It held its first session on 17 January 1946 but was largely paralysed in the following decades by the Cold War between the United States and the Soviet Union (and their allies). Nevertheless, it authorized military interventions in the Korean War and the Congo Crisis and peacekeepi ...
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International Criminal Court
The International Criminal Court (ICC) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the International criminal law, international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC is distinct from the International Court of Justice, an United Nations System, organ of the United Nations that hears disputes between states. Established in 2002 pursuant to the multilateral Rome Statute, the ICC is considered by its proponents to be a major step toward justice, and an innovation in international law and human rights. The Court has faced #Criticism and opposition, a number of criticisms. Some governments have refused to recognize the court's assertion of jurisdiction, with other civil groups also accusing the court of bias, Eurocentrism and racism. Others have also que ...
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Rome Statute
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the Rome Conference for an International Criminal Court''. The American Society of International Law. Retrieved on 31 January 2008. and it entered into force on 1 July 2002. As of January 2025, 125 states are party to the statute. Among other things, it establishes court function, jurisdiction and structure. The Rome Statute established four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. Those crimes "shall not be subject to any statute of limitations". Under the Rome Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are "unable" or "unwilling" to do so themselves. The jurisdiction of the court is complementary to jurisdicti ...
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