Les crimes internationaux constituent des infractions dont les conséquences dramatiques affectent la communauté internationale dans son ensemble. Cette dernière s'est engagée dans la poursuite d'auteurs présumés de ces crimes à travers les différents mécanismes juridiques mis en place par la justice pénale internationale. Il incombe essentiellement aux États d'assurer l'effectivité de cette justice. Ainsi, quand des auteurs présumés de crimes internationaux se trouvent sur le territoire ou dans la juridiction d'un État, ce dernier est tenu de les poursuivre ou de les extrader vers d'autres États ou juridictions pénales internationales lorsque cela est nécessaire. Depuis la Deuxième Guerre mondiale, certains États mettent en application ces obligations en engageant des poursuites à l'encontre de criminels internationaux. La répression nationale des crimes internationaux se heurte à de nombreuses difficultés afférentes, le plus souvent, au manque de moyens ou de volonté, à l'inadéquation de certains systèmes juridiques nationaux, à la realpolitik (de l'allemand politique réaliste), à la nécessité de préserver les relations interétatiques, etc. Par ailleurs, il n'existe pas encore d'instance supranationale capable de contraindre les États à respecter leurs obligations internationales de répression des crimes internationaux. Par conséquent, l'idée de l'implication des cours régionales des droits de l'Homme dans la répression nationale des crimes internationaux s'impose davantage eu égard aux exigences internationales de répression des crimes internationaux qu'elles rappellent constamment aux États / International crimes constitute offences whose dramatic consequences affect the international community as a whole. This international community has committed itself to prosecute alleged perpetrators of these crimes through various legal mechanisms created by international criminal justice. The States are primarily responsible for ensuring the effective implementation of international criminal law. Consequently, when alleged perpetrators of international crimes are on the territory or under the jurisdiction of a given State, national authorities must prosecute them in their own national courts or extradite them to others States or international criminal courts when necessary. Since the Second World War, some States implement these international obligations by prosecuting international criminals. The national prosecution of international crimes faces many barriers related most of the time to a lack of financial resources or political will. This can also result from the inadequacy of some national legal systems, realpolitik, the need to safeguard inter-state relations... In addition to this, a supranational body compelling States to respect their international obligations to prosecute international crimes has not yet been created. Therefore, the legal involvement of regional human rights courts in the implementation of national prosecution of international crimes is necessary. This is the consequence of international requirements related to the pursuit of international criminals reminding the States of their legal duties

La France a mis en place en juillet 2015 une réforme en vue de transposer le nouveau « paquet asile » européen alors que le Canada a renforcé depuis décembre 2012 ses procédures d’asile en adoptant des changements ayant essentiellement pour objet de lutter contre les abus du système d’asile canadien. En s’orientant vers des politiques dissimulées visant les expulsions expéditives des demandeurs d’asile déboutés et des personnes indignes de la protection, la France et le Canada, connus en tant que terre d’asile, respectent-ils toujours leur obligation international du non-refoulement ? Cette thèse s’appuie sur les lois en vigueur des deux États notamment le Code de l’entrée et du séjour des étrangers et du droit d’asile (France) et la Loi sur l’immigration et la protection des réfugiés (Canada), les jurisprudences nationales et internationales, et les textes internationaux. Elle met en lumière les pratiques et législations nationales relatives à l’octroi de l’asile et à l’éloignement des demandeurs d’asile et des réfugiés qui peuvent ou pourraient porter atteinte au principe de non-refoulement, tel que consacré par le droit international des réfugiés ainsi que par le droit international des droits de l’homme / In July 2015, France adopted an asylum reform bill in order to transpose the EU asylum legislative package. In comparison, Canada has, since 2012, strengthened its national asylum procedures by introducing a number of changes with the objective of preventing the abuse of Canada’s inland refugee determination system. In moving towards hidden policies aimed at the efficiency of removals of failed refugee claimants and persons unworthy of international protection, are France and Canada, known as safe havens, respecting their international obligations of Non-Refoulement ? This thesis focuses on the laws in force in both States in particular the Code of the Entry and Stay of Foreigners and Asylum Law (France) and the Immigration and Refugee Protection Act (Canada), national and international jurisprudence, and other relevant international documents. The present study aims at highlighting the national legislations and practices relating to the grant of asylum and the expulsion of asylum seekers and refugees which violate or could violate the Principle of Non-Refoulement as enshrined in both International Refugee Law and International Human Rights Law

This study examines the phenomenon of abusive violence (AV) in the context of the American Post-9/11 Counter-terrorism and Counter-insurgency campaigns. Previous research into atrocities by states and their agents has largely come from examinations of totalitarian regimes with well-developed torture and assassination institutions. The mechanisms influencing willingness to do harm have been examined in experimental studies of obedience to authority and the influences of deindividuation, dehumanization, context and system. This study used Interpretive Phenomenological Analysis (IPA) to examine the lived experience of AV reported by fourteen American military and intelligence veterans. Participants were AV observers, objectors, or abusers. Subjects described why AV appeared sensible at the time, how methods of violence were selected, and what sense they made of their experiences after the fact. Accounts revealed the roles that frustration, fear, anger and mission pressure played to prompt acts of AV that ranged from the petty to heinous. Much of the AV was tied to a shift in mission view from macro strategic aims of CT and COIN to individual and small group survival. Routine hazing punishment soldiers received involving forced exercise and stress positions made similar acts inflicted on detainees unrecognizable as abusive. Overt and implied permissiveness from military superiors enabled AV extending to torture, and extra-judicial killings. Attempting to overcome feelings of vulnerability, powerlessness and rage, subjects enacted communal punishment through indiscriminate beatings and shooting. Participants committed AV to amuse themselves and humiliate their enemies; some killed detainees to force confessions from others, conceal misdeeds, and avoid routine paperwork. Participants realized that AV practices were unnecessary, counter-productive, and self-damaging. Several reduced or halted their AV as a result. The lived experience of AV left most respondents feeling guilt, shame, and inadequacy, whether they committed abuse or failed to stop it.

During apartheid numerous atrocities, including torture were committed by the security forces in South Africa. Most atrocities were directed at black people, during the political violence. The question which the researcher investigated was how people who worked in the police and had tortured and committed other atrocities re-established meaning and identity after South Africa became a democracy. South Africa’s history was discussed, focussing on factors which created an environment which was conducive to the committing of atrocities. The basic tenets of social constructionism were considered and how they relate to concepts such as agency, power, essentialism, identity, morality, meaning-making, torture, illness and posttraumatic stress disorder. Dialogic analyses were conducted on each participant’s narrative. The researcher is seen as an integral part of the storytelling event. The ways in which the participants positioned themselves in telling their stories are discussed as attempts to reconstitute themselves. The impact on the researcher of working with perpetrators is discussed. Themes were distilled from participants’ narratives. These are discussed with attention given to the problems they identified as having led to perpetration, such as racism, enacting of masculinity and militarisation. Problems they identified which arose as a result of perpetration include aggression, alienation, illness and addiction to violence. They demonstrated extreme shame and remorse in telling their stories. / Psychology / D.Litt. et Phil. (Psychology)

Torture and the Drama of Emergency: Kyd, Marlowe, Shakespeare recovers the legal complexity of early modern torture and makes it central to an account of the anti-torture politics of the English stage. More people were tortured in the 1580s and 1590s than at any other time in England's history, and this sudden increase generated a backlash in the form of calls for the protection of liberties. Chapters on plays by Thomas Kyd, Christopher Marlowe, and William Shakespeare show how theater contributed to this backlash by means of its unique ability to present on the public stage the otherwise private suffering characteristic of state torture. Above all, these playwrights alerted audiences to the dangers posed by the concentration of absolute power in the hands of the monarch. The introduction and first chapter of Torture and the Drama of Emergency demonstrate that although torture was unknown to common law, it was executed in the context of a state of emergency. The second chapter presents Kyd's The Spanish Tragedy as resistance literature: rather than critiquing Spanish cruelty, as its setting implies, the play indicts English torture. Kyd uses the genre of revenge tragedy, enormously popular after and because of his play, to argue that torture is a form of revenge the state itself might carry out. Chapter three, on 1 and 2 Tamburlaine, argues that Tamburlaine transforms the world into a military camp by extending martial law to everyone, everywhere. Marlowe's portrayal of the creation and rise of this totalitarian regime depicts the nightmarish consequences for the people when the state's power to extend martial law remains unchecked. The final chapter, on King Lear, argues that in his most pessimistic play Shakespeare suggests there is no escape from the state's ability to seize absolute power in times of crisis. Lear's moving but tenuous declaration of human rights remains a dream that cannot survive the state of emergency created when he divides the kingdom. / text

This thesis is an institutional ethnography of the Nigeria Police Force. It concentrates on evidence from 18 months of fieldwork in one particular police station, in the pseudonymised town of Dutsin Bature in central Nigeria, and draws comparative evidence from examples and locations elsewhere in Nigeria. The fieldwork evidence is also supported by analyses of public discourse, literature reviews, some formal interviews and historical research. The thesis aims to fill a gap in empirical scholarship by looking at policing in Nigeria primarily from the level of everyday practice, and deriving understandings of the ways the overall system works, rather than by taking normative structural approaches and basing suppositions of actual behaviour upon these. It also aims to document emic perspectives on policing in Nigeria, in contrast to most existing scholarship and public discourse which takes an external perspective, from which the voices and worldviews of police themselves are absent. The thesis situates this ethnography within three theoretical terrains. First, developing understandings of policing and public security in Africa, which have often neglected in-depth studies of formal police forces. Secondly, enlarging the ethnographic study of formal institutions in African states, to develop a closer understanding of what state systems are and how they function, beyond the overtly dysfunctionalist perspectives which have dominated recent scholarship. Thirdly, informing ongoing debates over state and society in Africa, problematising understandings which see these as separate entities instead of mutually constitutive, and drawing attention to the ways in which the two interpenetrate and together mould the public sphere. The thesis begins with a historical overview of the trajectory of formal policing in Nigeria, then examines public understandings and representations of policing, before moving inside the institutional boundaries, considering in turn the human composition of the police, training and character formation, the way police officers do their work in Dutsin Bature, Nigerian police officers’ preoccupation with risk and the systemic effects of their efforts to mitigate it, and finally officers’ subjective perspectives on their work, their lived realities, and on Nigeria in an era of transition. These build together to suggest some conclusions pertinent to the theoretical perspectives.

This dissertation brings the Ancient Near Eastern practice of the wheel, hanging, impaling, placarding, and crucifixion (WHIPC) into the scholarship of crucifixion, which has been too dominated by the Greek and Roman practice. WHIPC can be defined as the exposure of a body via affixing, by any means, to a structure, wooden or otherwise, for public display (Chapter 2). Linguistic analysis of relevant sources in several languages (including Egyptian hieroglyphics, Sumerian, Hebrew, Hittite, Old Persian, all phases of ancient Greek, and Latin) shows that because of imprecise terminology, any realistic definition of WHIPC must be broad (Chapter 3). Using methodologies and interdisciplinary approaches drawn from art history, archaeology, linguistic analysis, and digital humanities, this work analyzes scattered but abundant evidence to piece together theories about who was crucified, when, how, where, and why. The dissertation proves that WHIPC records, written and visual, were kept for three primary functions: to advertise power, to punish and deter, and to perform magical rituals or fulfill religious obligations. Manifestations of these three functions come through WHIPC in mythology (see especially Chapter 4), trophies (Chapter 5), spectacles, propaganda, political commentary, executions, corrective torture, behavior modification or prevention, donative sacrifices, scapegoat offerings, curses, and healing rituals. WHIPC also served as a mode of human and animal sacrifice (Chapter 6). Regarding the treatment of the body, several examples reveal cultural contexts for nudity and bone-breaking, which often accompanied WHIPC (Chapter 7). In the frequent instances where burial was forbidden a second penalty, played out in the afterlife, was intended. Contrary to some modern assertions, implementation of crucifixion was not limited by gender or status (Chapter 8). WHIPC often occurred along roads or on hills and mountains, or in in liminal spaces such as doorways, cliffs, city gates, and city walls (Chapter 9). From the Sumerians to the Romans, exposing and displaying the bodies consistently functioned as a display of power, punishment and prevention of undesirable behavior, and held religious and magical significance. Exposure punishments have been pervasive and global since the beginning of recorded time, and indeed, this treatment of the body is still practiced today. It seems no culture has escaped this form of physical abuse.

Made available in DSpace on 2016-04-26T20:24:46Z (GMT). No. of bitstreams: 1 Dea Carla Pereira Nery.pdf: 829316 bytes, checksum: 2eb442de95eea65c6df9c5acbba6e6db (MD5) Previous issue date: 2006-08-02 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / The present Work has for objective to study the torture delict. To initiate, displayind a briefing retrospecto of this historical fact, that Widely Was used in the periods of the Old Age, Average Age and Modern Age, persisting still in the current days. Considerations concerning its social and legal treatment Will be Weaveed, as Well the changes occured in elapsing of the centuries. The concepts in the international, Brazilian and in some European countries scope Will be approached, in compliance With its respective legislationes. It Will be studied the importance of the international instruments of protection of the human rights, as the Convention against the torture and other treatments, or cruel, inhumanity or degrading penalties and the American Convention of Human Rights (Pact of St. Jose in Costa Rica). It Will be treated, over all, of a parallel boarding of this delict in the Spanisch Right, delineating subjects, such as, legally protected interest protege, active citizen, typical behavior and species of torture. At last, the Work gives a general vision of the subject in the Sapnish scope and the Brazilian scope, materialize itself through the research carried in the libraries of the University Pablo de Olavide and Sevilla University (Spain); as well as in the library of the Pontifical Univeristy Catholic of São Paulo and in the Brazilian Institute of Criminal Sciences (Brazil) / O presente trabalho tem por objetivo estudar o delito de tortura, expondo exordialmente um breve retrospecto deste fenômeno histórico, que foi amplamente empregado nos períodos da Idade Antiga, Idade Média e Idade Moderna, persistindo ainda nos dias atuais. Serão tecidas considerações acerca de seu tratamento social e legal, bem como as mudanças ocorridas no decorrer dos séculos. Abordar-se-ão os conceitos no âmbito internacional, brasileiro e em alguns países europeu e latino-americanos, em conformidade com suas respectivas legislações. Estudar-se-á acerca da importância dos instrumentos internacionais de proteção dos direitos humanos, como a Convenção contra a tortura e outros tratamentos ou penas cruéis, desumanos ou degradantes e a Convenção Americana sobre Direitos Humanos (Pacto de São José da Costa Rica). Tratar-se-á, sobretudo, de uma abordagem paralela deste delito no Direito Espanhol e no Direito Brasileiro, delineando temas, tais como, bem jurídico protegido, sujeito ativo, conduta típica e espécies de tortura. Enfim, o trabalho objetiva proporcionar uma visão geral do tema no âmbito espanhol e no âmbito brasileiro, concretizando-se através da pesquisa realizada nas bibliotecas da Universidade Pablo de Olavide e Universidade de Sevilla (Espanha); bem como na biblioteca da Pontifícia Universidade Católica de São Paulo e no Instituto Brasileiro de Ciências Criminais (Brasil)

Made available in DSpace on 2016-04-29T13:32:24Z (GMT). No. of bitstreams: 1 Celso Ramos Figueiredo Filho.pdf: 1220525 bytes, checksum: 1c8e349cc623abdd316f46c1333f969d (MD5) Previous issue date: 2009-05-18 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / Torture was widely used by military dictatorship (1964-1985) to repress opposition politicians, mainly in order to obtain, in a short time, information about political underground organizations. In this scene of horror, the figure of the torturer stands out. Who is this man? Why does he torture? Social sciences, in general, have much contributed to the understanding of such phenomenon, although, due to their epistemological limits, they do not approach the subjective scope of torture. Certainly we do not ignore that man is a social being. In fact we have started from the premise that human nature lies in its social "excentration" and so we refute the works that psychologize social events. The psychoanalysis used here starts from the same premise and attempts to understand the often conflicting relation between subject and collectivity. It does not ignore, then, neither social nor subject. The torturers identified themselves exactly as in Freud's description (1921): by making the same object took the place of an ideal "I". This object could be either a General Commander, or the idea of "saving the country", or the usual values of capitalism, such as "status" and material benefits. At the same time, the ideal of "I" could be the group itself, that is, the mere fact of belonging to a fraternity. A social arrangement in which neurotics shared the illusion of having a single "Other" was supported by that identification. In exchange for the alienation of that arrangement, that is, the submission to a supposed "Other", neurotics experienced a jouissance which they would not have by themselves in the banality of their symptoms. As each subject refers to his own "Other", each one provides his own jouissance with different discourse positions, all of them belonging to the same arrangement. So, according to Lacan's theory of "The Four Discourses", torturers wavered between the "Discourse of the Master", the one that "only wants things to work", that is, the commanding position, and the "Discourse of the University". In that position, the military officers' speech was based on the "National Security and Development Doctrine" (Doutrina de Segurança Nacional e Desenvolvimento - DSN), a position intended to stand above each subject's particularity, thus standing on a false "neutrality". DSN was the ideological sustentaion for the regime. Its outstanding elements were a Brazilian Army's particular concept of Positivism, that of national authoritarian thinkers and General Góes Monteiro's doctrinarism, as well as elements of cold war ideology. Psychoanalysis considers ideology as a "social fantasy", that works as a barrier to "Real", in this case, class struggles, while it signs as a promise of collective jouissance.Thus, a subject, driven by the fantasy of a"revolutionary war" and a "subversive enemy", joins the setting and gives himself permission to torture and to kill. So, the typical capitalism subject, with his controlled jouissance, subjected to the setting and identified with signifiers of bourgeois ideology fantasy, such as individualism and materialism, did not hesitate about turning the other into an object: the threatening "strange". This one, having a different jouissance, revealed a structural failure, a hole in the chain of signifiers. And, in face of the horror of truth, he projected that horror on to the other, and attributed to the other an evil that allowed him to torture and to kill the other. The sadic jouissance of torture is, paradoxically, the only trace of humanity that remains in the torturer after his total alienation / A tortura foi largamente utilizada pela ditadura militar (1964-1985) na repressão a seus opositores políticos, sobretudo para rápida obtenção de informações sobre as ações das organizações clandestinas. No cenário de horror em que ela se constitui, sobressai a figura do torturador. Quem é esse homem? Por que ele tortura? As Ciências Sociais em geral muito contribuíram para o entendimento desse fenômeno. Contudo, por suas próprias características epistemológicas, não abordam a dimensão subjetiva da tortura. Evidentemente, não ignoramos que o homem é um ser social. Aliás, partimos da premissa de que a natureza humana é a sua excentração social , refutando assim os trabalhos que psicologizam eventos sociais. A Psicanálise, que utilizamos, parte dessa mesma premissa e procura compreender a relação, muitas vezes, conflituosa entre o sujeito e a coletividade. Ela não ignora, pois, o social, nem tampouco o sujeito. Os torturadores identificavam-se entre si tal como a descrição de Freud (1921), colocando o mesmo objeto no lugar de ideal de eu . Esse objeto poderia ser o general comandante, a idéia de salvação da Pátria , os valores típicos do capitalismo, como status, e benefícios materiais. Ao mesmo tempo, o ideal de eu poderia ser o próprio grupo, o simples pertencimento à frátria. Essas identificações sustentavam uma montagem social, na qual os neuróticos compartilhavam a ilusão de possuírem um único Outro. Em troca dessa alienação à montagem, dessa submissão a esse suposto Outro, o neurótico obtinha um gozo que, sozinho, na banalidade dos seus sintomas, não obteria. Mas, como cada sujeito se remete ao seu próprio Outro, cada um aparelha seu gozo através de diferentes posições discursivas, todas pertencentes à mesma montagem Por isso, os torturadores oscilavam, conforme a teoria lacaniana dos Quatro Discursos (1969-1970), entre o Discurso do Mestre, aquele que apenas quer que as coisas funcionem , quer dizer, a posição de mandatário, e o Discurso Universitário. Nessa posição, os militares falavam a partir da Doutrina de Segurança Nacional e Desenvolvimento (DSN), ou seja, de uma posição que se pretendia acima das particularidades de cada sujeito, portanto, se arvorava numa falsa neutralidade . A DSN deu sustentação ideológica ao Regime. Nela ressaltavam os elementos de uma concepção de positivismo particular ao Exército Brasileiro, dos pensadores autoritários nacionais e do doutrinarismo do general Góes Monteiro, além dos elementos da ideologia da guerra fria. Para a Psicanálise, a ideologia pode ser entendida como uma fantasia social , que funciona como uma barreira ao Real, no caso, a lutas de classes, ao mesmo tempo em que acena com uma promessa de gozo coletivo. Assim, movido pela fantasia da guerra revolucionária e do inimigo subversivo , o sujeito vinculava-se à montagem e se permitia torturar e matar. Assim, o sujeito típico do capitalismo, com o seu gozo administrado, assujeitado à montagem, identificado com os significantes da fantasia ideológica burguesa, tais como o individualismo e o materialismo, não titubeava em objetificar o outro, o estranho ameaçador. Esse, por ter um gozo diferente, revelava a falha estrutural, o furo na cadeia significante. E, ante ao horror da verdade, projeta esse horror no outro, atribuindo-lhe uma maldade que permitiu torturá-lo, matá-lo. O gozo sádico da tortura é, paradoxalmente, o que lhe restou de humanidade no torturador, após a sua total alienação

During apartheid numerous atrocities, including torture were committed by the security forces in South Africa. Most atrocities were directed at black people, during the political violence. The question which the researcher investigated was how people who worked in the police and had tortured and committed other atrocities re-established meaning and identity after South Africa became a democracy. South Africa’s history was discussed, focussing on factors which created an environment which was conducive to the committing of atrocities. The basic tenets of social constructionism were considered and how they relate to concepts such as agency, power, essentialism, identity, morality, meaning-making, torture, illness and posttraumatic stress disorder. Dialogic analyses were conducted on each participant’s narrative. The researcher is seen as an integral part of the storytelling event. The ways in which the participants positioned themselves in telling their stories are discussed as attempts to reconstitute themselves. The impact on the researcher of working with perpetrators is discussed. Themes were distilled from participants’ narratives. These are discussed with attention given to the problems they identified as having led to perpetration, such as racism, enacting of masculinity and militarisation. Problems they identified which arose as a result of perpetration include aggression, alienation, illness and addiction to violence. They demonstrated extreme shame and remorse in telling their stories. / Psychology / D.Litt. et Phil. (Psychology)