(Iii) Back in Algiers(iv) Does it matter if torture works?; (2) Torture in exceptional circumstances and the liberal democracy; C. Conclusion; 3 State of exception; A. Emergencies and torture; (1) The relevance of the state of exception; B. Carl Schmitt's sovereign exception; (1) Dictatorship; (2) The sovereign and the exception; C. The gods and the giants; (1) The Benjamin/Schmitt debate; (2) Exception as rule; D. Agamben's state of exception; (1) Locating the state of exception; (2) State of necessity; (3) Force of law; (4) Normalcy, exception and empty space; E. Conclusion.
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Abstract The European Court of Human Rights attached a special stigma to torture in Ireland v United Kingdom, in its interpretation of the distinction between torture and other forms of ill-treatment. The concept is now central to the European Court's description of torture under article 3 of the European Convention on Human Rights. It is, I argue, significant that the Court reached for this particular phrase. I consider the special stigma as a parapraxis facilitating a reading of the Court's 'unconscious text'. I connect the power to stigmatise with torture to explore the special stigma's figurative, material and theological implications. Stigma, with its multi-layered meaning and its deep connections to torture, is useful in working out how Western powers generated their self-images as civilised whilst persisting with practices of torture. With the special stigma, the European Court rehabilitated the civilising standard and resurrected the historic association between torture and stigma.
The prohibition on torture in international human rights law seems a fairly straightforward candidate for productive use in international criminal law. The Convention against Torture contains an elaborate definition of torture and human rights institutions have developed substantial jurisprudence on the prohibition and definition of torture. Indeed, the ad hoc Tribunals and the drafters of the Rome Statute have employed the human rights law approach to torture to varying degrees. But the conception of torture reached by human rights bodies is problematic and unsuitable for usage where individual criminal responsibility is sought. It is unsuitable because the human rights law understanding of torture is subjective and victim-derived. Human rights bodies do not scrutinize intent, purpose and perpetration, central aspects of international criminal legal reasoning. The communication on torture between these bodies of law to date shows that cross-fertilisation, without detailed reasoning, is inappropriate - because rights are different to crimes.
In: Research Handbook on International Courts and Tribunals, William A. Schabas and Shannon Brooke Murphy eds., Edward Elgar Publishing, February 2017; ISBN: 978-1781005019
In this article, I offer an analysis of the Cuban documentarySueños al pairo (Dreams Adrift), which was scheduled to premiere in April 2020 at Havana's young filmmakers' annual showcase. While the documentary was immediately censored preventing its premiere, I examine how the filmmakers José Luis Aparicio Ferrera and Fernando Fraguela Fosado use multiple levels of hidden, and lost archival footage and memory to create a platform for the censored lyricist Mike Porcel to write him back into Cuban musical history in their documentary. Through the inclusion of the archived past, I consider how the documentary contests what Derrida refers to as archival house arrest by bringing the hidden images and stories back into the present. In doing so, I explore Arenillas and Furtado's research on the relationship between documentary and the law, to consider how documenting the past in the public present creates a space for intervention. While state censorship of artists is not new in Cuban film, Sueños differs because it does not focus solely on the government's responsibility; instead, it also studies the role of his artistic community in contributing directly to his silencing and does so from island-based filmmakers in dialogue with the diaspora. Despite a promising new legal framework for independent cinema, the censorship ofSueños's premier appeared as a continuation of the same control Porcel had experienced years before. However, I show how the resounding artistic community response rejecting the film's 2020 censorship and its refusal to premiere their own films, points to a rupture with Porcel's censorship and Cuban film's past, thus highlighting a space for artistic solidarity absent in Porcel's time.
In: Human Rights in the Media: Fear and Fetish edited by Michelle Farrell, Eleanor Drywood and Edel Hughes, ISBN: 978-1138645813, (Routledge, 2018, Forthcoming)
This collection sets about untangling some of the knotty issues in the underexplored relationship between human rights and the media. We investigate how complex debates in political, judicial, academic and public life on the role and value of human rights are represented in the media, particularly, in print journalism. To focus the discussion, we concentrate on media representation of the controversial proposals in the United Kingdom to repeal the Human Rights Act 1998 and to replace it with a British Bill of Rights. The collection is underpinned by the observation that views on human rights and on the proposals to repeal and replace are polarised. On the one hand, human rights are presented as threatening and, therefore, utterly denigrated; on the other hand, human rights are idolised, and, therefore, uncritically celebrated. This is the 'fear and fetish' in our title. The media plays a decisive role in constructing this polarity through its representation of political and ideological viewpoints. In order to get to grips with the fear, the fetish and this complex interrelationship, the collection tackles key contemporary themes, amongst them: the proposed British Bill of Rights, Brexit, prisoner-voting, the demonisation of immigrants, press freedom, tabloid misreporting, trial by media and Magna Carta. The collection explores media representation, investigates media polarity and critiques the media's role.
This project has received funding from the European Research Council (ERC) under the European Union's Seventh Framework Programme (FP7-2007-2013) (Grant agreement No. 323727).
The history of climate and environmental change in the lands around the Mediterranean Sea is dramatic, and our still emerging understanding has changed radically over the last 60 years and is still changing. Pioneering pollen work by Bonatti (1966) first provided evidence that relative to the Holocene (the last 11,500 years) the Late Pleistocene was a time of drought and cold in the region. But for many years alternative viewpoints held currency, especially the work of Vita-Finzi (1969) who held, on the basis of widespread Late Pleistocene gravels, that this had been a period of high precipitation. This view was finally laid to rest only in the 1980s and 1990s by further pollen work on lacustrine deposits (e.g. Bertoldi 1980; Bottema & Woldring 1984; Alessio et al. 1986; Follieri et al. 1988; Bottema et al. 1990), and analysis of the sedimentology and biotic components of Late Pleistocene gravels (e.g. Barker & Hunt 1995). Vita-Finzi (1969) did, however, pioneer the recognition of the scale and impact of climatic variability within the Holocene in countries bordering the Mediterranean at a time when most researchers thought of the period as extremely stable climatically. Recognition of this climatic variability and its impacts was made more complex because of very strong patterns of human impacts in some Mediterranean countries, which were difficult to disentangle unequivocally from the climatic signal (e.g. Hunt 1998; Grove & Rackham 2003). Only with the rise of isotope-based palaeoclimate studies and high-resolution dating did it become possible to separate the climatic and anthropogenic signals (e.g. Sadori et al. 2008). More recent work has started to show that within the Mediterranean Basin the overall trend and timing of Holocene climate change differs from region to region (Peyron et al. 2011). In broad terms, the northeast and southwest of the basin seem to be in phase, with a dry Early Holocene becoming more humid after c. 4000 cal. bc, while the northwest and southeast show an opposite trend with a wetter Early Holocene and progressive desiccation after c. 4000 cal. bc (Hunt et al. 2007). Within this very broad pattern there are considerable regional differences (e.g. Finné et al. 2011) and in the central Mediterranean, changes in seasonality are superimposed on these trends (Peyron et al. 2011, 2017). [excerpt] ; This project has received funding from the European Research Council (ERC) under the European Union's Seventh Framework Programme (FP7-2007-2013) (Grant agreement No. 323727). ; peer-reviewed