1. Organization of American States (1948)
OAS charter (1948)
Peace and security
Democracy
Poverty reduction

2. ACHR American Convention on Human Rights (ACHR) (1979)
23 out of 35 OAS members (not ratified by USA&Canada)
Automatic right to individual complaint (individual and collective)
Inter-American Commission
Domestic remedies
6 months
Not under review elsewhere
Inter-American Court
(those states who accept
its jurisdiction)
Member of the OAS & not a party to the ACHR:
Recommendations
Friendly settlement
NO COURT!
Found guilty? Wide range of reparations

3. TORTURE

4. UNCAT (1984) Definition
severe pain or suffering, whether physical or mental, is intentionally inflicted on a person;
by or with the consent of a public official;
for obtaining information or a confession, punishment, intimidation, or discrimination

5. The ticking bomb

6. Geneva Conventions (1949)
The first Geneva Convention: wounded and sick soldiers on the field
The second Geneva Convention: wounded and sick soldiers at sea
The third Geneva Convention: on the treatment of (POW) during international armed conflicts.
The fourth Geneva Convention: on the treatment of civilians during armed conflict

7. Common Article 3
refers to ALL armed conflicts, international or within a state:
Persons taking no active part in the hostilities must be treated humanely.
Sick, wounded, captured, laid down arms ..
Torture is not allowed

8. Universal jurisdiction
Violation of Geneva Conventions = War crimes
Can be judged by any state party
Since 2002, International Criminal Court (ICC) can prosecute
Any state party to the ICC, UN Security Council, or the prosecutor of the ICC can refer cases to the ICC.

9. Understanding torturers
Blind submission to state authority
Short memory test
Cognitive dissonance theory

10. Homework Watch part 1 of http://www.torturingdemocracy.org/
Think «how did the US administration try to reinterpret their treaty obligations on torture»