Liberal democracies and the torture of their citizens / Cynthia Banham.
2017
KZ7170 .B358 2017 (Map It)
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Details
Author
Title
Liberal democracies and the torture of their citizens / Cynthia Banham.
Published
Oxford ; Portland, Oregon : Hart Publishing, 2017.
Call Number
KZ7170 .B358 2017
ISBN
9781509906840 (hardback)
1509906843 (hardback)
1509906843 (hardback)
Description
xvi, 251 pages ; 24 cm
System Control No.
(OCoLC)959275781
Summary
"This book analyzes and compares how the United States's liberal allies responded to the use of torture against their citizens after 9/11. Did they resist, tolerate, or support the Bush administration's policies concerning the mistreatment of detainees when their own citizens were implicated and what were the reasons for their actions? Australia, the UK and Canada are liberal democracies sharing similar political cultures, values and alliances with America; yet they behaved differently when their citizens, caught up in the war on terror, were tortured. How states responded to citizens' human rights claims and predicaments was shaped, in part, by demands for accountability placed on the executive government by domestic actors. This book argues that civil society actors, in particular, were influenced by nuanced differences in their national political and legal contexts that enabled or constrained human rights activism. It maps the conditions under which individuals and groups were more or less likely to become engaged when fellow citizens were tortured, focusing on national rights culture, the domestic legal and political human rights framework, and extant political opportunities."--Book jacket.
Bibliography, etc. Note
Includes bibliographical references (pages 223-238) and index.
Available in Other Form
Online version: Banham, Cynthia. Liberal democracies and the torture of their citizens. Oxford [UK] ; Portland, Oregon : Hart Publishing, 2017 9781509906833 (DLC) 2016046046
Record Appears in
Gift
Purchased from the income of the Soll Fund
Gift

The Arthur W. Diamond Law Library
Purchased from the income of the Soll Fund
Table of Contents
Acknowledgements
xi
Table of Cases
xiii
Table of Legislation
xv
Table of Treaties
xvii
1.
Introduction
1
Overview
1
Cases
5
Plan of the Book
8
2.
Torture and Liberal Democracies
10
Introduction
10
Prohibition on Torture
10
Liberalism
12
Justifying Modern Torture
14
Conclusion
19
3.
Enabling and Constraining Activism
20
Introduction
20
Explaining State Behaviour on International Human Rights
20
Human Rights as Power Mediators
21
Role of Domestic Actors in Human Rights Treaty Compliance
22
Civil Society-State Relationship
26
Enabling and Constraining Framework
30
Political Culture
31
Political and Legal Institutions
34
Political Opportunities
37
Conclusion
39
4.
America's Use of Torture After 9/11
41
Introduction
41
Executive
42
Before 11 September 2001
42
After 11 September 2001
44
Abu Ghraib
53
Congress
57
Courts
61
Rasul v Bush
62
Hamdan v Rumsfeld
63
Boumediene v Bush
64
Civil Society
65
Conclusion
69
5.
Australia
71
Introduction
71
Australia and the War on Terror
72
Australia--US Relationship
72
Australia's Detained Citizens
73
David Hicks
73
Mamdouh Habib
74
Executive
76
Howard Government
76
Rudd and Gillard Governments
82
Parliament
83
Courts
86
Civil Society
89
Actors
89
Delayed Start
90
Influence of Victim Likeability
93
Focus on Legal Process
98
Enabling and Constraining Activism
99
Political Culture
100
Political and Legal Institutions
104
Political Opportunities
107
Conclusion
110
6.
United Kingdom
112
Introduction
112
UK and the War on Terror
113
UK--US Relationship
113
UK's Detained Citizens and Residents
114
UK Citizens
114
UK Residents
116
Executive
118
Blair and Brown Governments
119
Cameron Government
123
Parliament
125
Courts
128
Civil Society
131
Actors
131
Early Activism
132
Collaboration for an Inquiry
135
Focus on Impunity
141
Enabling and Constraining Activism
143
Political Culture
144
Political and Legal Institutions
149
Political Opportunities
152
Conclusion
155
7.
Canada
157
Introduction
157
Canada and the War on Terror
158
Canada--US Relationship
158
Canada's Detained Citizens
160
Maher Arar
160
Omar Khadr
162
Executive
164
Chretien and Martin Governments
164
Harper Government
168
Parliament
171
Courts
174
Civil Society
176
Actors
176
Inconsistency
178
Influence of Victims' Families
182
Role of International Actors
186
Enabling and Constraining Activism
188
Political Culture
189
Political and Legal Institutions
193
Political Opportunities
196
Conclusion
198
8.
Conclusion
200
Introduction
200
Political Accountability on Torture
201
Civil Society's Interactions with Government
201
Civil Society as Agents of Accountability
203
Accountability Successes
204
Willingness to Stand Up to the US
204
Holding Public Commissions of Inquiry
206
Using National Elections
207
Accountability Failures
208
Failing to Stand Up for the Rights of Citizens
208
Failing to Investigate Torture Allegations
209
Civil Society Engagement on Torture
210
Environments for Activism
211
Elements of Activism
212
Political Culture
212
Political and Legal Institutions
214
Political Opportunities
216
Limits of Civil Society
217
Conclusion
219
Bibliography
223
Index
239