The Torture Victim Protection Act: Hearing and Markup Before the Committee on Foreign Affairs and Its Subcommittee on Human Rights and International Organizations of the House of Representatives, One Hundredth Congress, Second Session, on H.R. 1417, March 23, April 20, and June 7, 1988

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U.S. Government Printing Office, 1988 - 113 pagini

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Pagina 64 - Prominent on the surface of any case held to involve a political question is found a textually demonstrable constitutional commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly for non-judicial discretion...
Pagina 58 - The question whether a certain matter is or is not solely within the jurisdiction of a State is an essentially relative question; it depends upon the development of international relations.
Pagina 58 - International Protection of Human Rights: The Work of International Organizations and the Role of US Foreign Policy. August 1 ; September 13, 19, 20, 27; October 3, 4, 10, 11, 16, 18, 24, 25; November 1; December 7, 1973* (Hearings before the Subcommittee on International Organizations and Movements. ) Human Rights in Chile (Part 1). December 9, 1973 ; May 7, 23 ; June 11, 12, and 18, 1974...
Pagina 51 - International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination.
Pagina 41 - ... obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
Pagina 60 - It should be apparent that the greater the degree of codification or consensus concerning a particular area of international law, the more appropriate it is for the judiciary to render decisions regarding it, since the courts can then focus on the application of an agreed principle to circumstances of fact rather than on the sensitive task of establishing a principle not inconsistent with the national interest or with international justice.
Pagina 94 - Congress strongly urges the President to instruct the Permanent Representative of the United States to the United Nations to...
Pagina 108 - Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949; the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949; the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949; the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949; "the Conventions...
Pagina 68 - torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or...
Pagina 39 - ... (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

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