Prisoner's Rights in International Law Essay

Prisoner's Rights in International Law Essay

Length: 1515 words (4.3 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

“Prisoner’s Rights In International Law”

I. Introduction: History of Rights for Prisoners
Imprisonment, or the forcible confinement of a person, has been a long standing practice and tradition in the world’s history (Roberts). Dating as far back as 400 B.C., prisons have held a variety of meanings and served a wide array of functions, but in its fundamental use, prisons are intended to supplement the rise of a state as a form of social organization (Roberts). The most common use of prisons is as a supplement to a state’s justice system, in which individuals found guilty and convicted of crimes are sent for a set period of incarceration (Roberts). Outside of punishing civil crimes, prisons have been used by numerous regimes as tools of political repression, often punishing and detaining individuals without trail or other due process (Robert). Another practiced use of prisons has come in times of war and conflict, where persons—both combatant and non-combatant—are held captivate by a state in military camps as prisoners of war, for both legitimate and illegitimate reasons (Robert).
It is in the latter use that the prison system has become highly contested, especially after witnessing the extreme atrocities from World War II compounded by the perverse use of prisons and detention facilities as means of oppression--- thousands being persecuted on the basis of racial, religious and political terms (Roberts). Combat zones were no exception, as prisoners of war were exploited for their labor and subjugated to both mental and physical abuse (Roberts). From this arrangement of prisons as systematic institutions of violence, a broad consensus emerged at the worldwide level demanding the international community create protections for in...

... middle of paper ... on the historic understand of securing rights for the state, rather than its citizenry.
Seen to be the ultimate and overarching authority in which the world should act and determine their domestic as well as foreign policies, human rights serve as a “striking inroad into the usually well-preserved domain of sovereign states”. This construction of rights for prisoners has led to great confusion, as well as hostility between state’s as they feel parts of their sovereignty being infringed on as the international community dictates not only what the state can and cannot do, it imposes a set of norms that may be completely foreign onto the country.
The struggle between the recognition of prisoner rights and a state’s sovereignty has resulted in great tension throughout the international community, and has ultimately led some states to reject the proposals.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

International Rights of Prisoners and Detainees Essay

- It is estimated that over 10.2 million people are held in penal institutions throughout the world. With an overall population exceeding 7 billion this means that for every 100,000 people, 144 are detained or imprisoned. The prison population has grown proportionately larger in the past 15 years outpacing the general population growth by 10%. This phenomenon is becoming increasingly more apparent with countries, such as the United States struggling with a colossal incarceration rate, and countless reports of abysmal conditions and inhumane treatment across the globe....   [tags: penal institutions, human rights]

Better Essays
1134 words (3.2 pages)

The Article Rights Protection – Comparative Perspectives Essay

- The Article Rights Protection – Comparative Perspectives by Brian Galligan and Emma Larking explores the rights and protections that are sheltered by Australia’s various political institutions and whether the rights in Australia are adequate. It also explores the question on whether changes need to be made. Galligan and Larking discuss the UN’s charters as they relate back to Australia, going on to discuss the various Legislative and Judicial means of rights protection, as well as asking the question: Does Australia need a Bill of Rights....   [tags: International Law]

Better Essays
1143 words (3.3 pages)

Torture is a Violation of International Law Essay

- “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety” (Olen, 304). Throughout history, torture has been used by governments to extract information from prisoners of war to protect the people of the nation (Gushee). The definition of torture provided by U.N. Convention against Torture and Other Cruel, Inhuman, and Degrading Treatment or Punishment (1984) regards both extreme physical and mental pain perpetrated on a civilian by a government official or agent (UUSC)....   [tags: The Legality of Torture]

Better Essays
1238 words (3.5 pages)

Human Rights, War and Sovereignty Essay

- 1. Technology 2. Declaration of Human Rights 3. Concept of War 4. Concept of Sovereignty There are many factors that can harm the economic character of a society. Some of these factors are technology failure, food and resource scarcity, and financial market collapse. Technology failure can majorly affect the economic character of society because technology plays such a large role in many societies around the world. Most records today and other important information is only stored on computer, so this important information would be lost forever if there was a technological failure....   [tags: technology, market, ]

Better Essays
1102 words (3.1 pages)

Human Rights Violation in Cuba Essay

- About 90 miles south of the most southern tip of Florida, known as the Key West is another country lying in the middle of the big open sea. Cuba remains home to many lighthouses, waterfalls, beaches, famous restaurants and many other tourist attractions that many visitors find fascinating. Despite all of the amazing things to do and see around the state there appears to be more than meets the eye. According to Country Specific Information there is a side of Cuba visitors are suspended from noticing....   [tags: Conditions, Poverty, Fidel Castro]

Better Essays
1529 words (4.4 pages)

The United States Interaction with the International Court of Justice Over Consular Rights: How Our Refusal to Obey Is Impacting Foreign Nationals an

- The United States Interaction with the International Court of Justice Over Consular Rights: How Our Refusal to Obey Is Impacting Foreign Nationals and American Citizens On January 9, 2003, Mexico initiated proceedings before the International Court of Justice against the United States of America concerning the alleged violations of Articles 5 and 36 of the Vienna Convention; basically, claiming that the United States is not honoring the consular rights of foreign nationals within the United States ....   [tags: Essays Papers]

Better Essays
5242 words (15 pages)

North Korea Human Rights Issues Essay

- North Korea Human Rights Issues North Korea as we know is a communist country ruled by Kim Jong-Un. North Korea has been under the State’s radar from the nuclear threats to their human rights. They spark United State’s interest once more when the previous leader passed away and the duty was passed to the youngest son and now we are trying to dig deeper into the secrets that North Korea has been hiding away with the their barred wire to keep others from coming in. With the help of South Korea, we can explore the different levels of torture, inhumane activates, and the new leadership of Kim Jong-Un....   [tags: Nuclear Missiles, Public Execution]

Better Essays
2313 words (6.6 pages)

Use of International Law to Protect Human Rights Essay

- 1. Introduction Treaties are the highest source of international law besides jus cogens norms that have binding effect on the parties that ratify them.2 International human rights treaties rely on the “name and shame” mechanisms to pressure states to improve practices.3 However with “toothless” international human rights norms, moral coercion is not always effective. An empirical study conducted by Professor Oona Hathaway assessing the effect of human rights treaty ratification on human rights compliance, maintains in its findings that ratification of human rights treaties has little effect on state practices.4 States do not feel pressured to comply and change their practices, rat...   [tags: Enforcing International Human Rights Treaties]

Better Essays
1800 words (5.1 pages)

Capital Punishment - The View of International and National Courts Essay

- Capital Punishment and International and National Courts Around the world we travel in this paper, which reviews the attitude of courts worldwide regarding the death penalty. By way of international courts, the Judicial Committee of the Privy Council (JCPC), in a judgement which may have far-reaching consequences on death penalty cases in the English-speaking Caribbean, commuted the death sentences of six convicted prisoners in Jamaica on 12 September. The JCPC which serves as the final appeal court for English-speaking Caribbean countries such as Jamaica, Trinidad and Tobago, Barbados and the Bahamas, ruled that it is unlawful to execute prisoners whose appeals are pending before...   [tags: Argumentative Persuasive Topics]

Free Essays
1486 words (4.2 pages)

International Law Essay

- Introduction: International law has been regarded throughout history as the main system of rules regulating players of the international community, it applies to all states and imposes specific obligations and rights on nations, just as domestic law imposes them on individuals. Its purpose is similar to that of domestic law that is to eliminate chaos in the International community and set standards of behavior which states must follow in their dealings with each other. Many controversies have arisen nowadays as to whether international law is “natural law”, international law now faces considerable criticism as to its effectiveness as law and doubts as to its actual existence, and its power...   [tags: International Law Justice]

Better Essays
1405 words (4 pages)