NCJ Number
153634
Journal
Rutgers Law Journal Volume: 25 Issue: 3 Dated: (Spring 1994) Pages: 759-798
Date Published
1994
Length
40 pages
Annotation
This paper analyzes the status of the treatment of prisoners under international law.
Abstract
Following a brief introduction, the article defines customary international law, State practice, and opinio juris regarding the humane treatment of prisoners. The next section outlines the body of law related to the treatment of prisoners, focusing on international standards, the Universal Declaration of Human Rights and the United Nations Charter, model standards for the treatment of prisoners, other relevant international documents, and regional standards. Two sections develop in detail a definition of humane treatment. The author concludes that an international convention on the treatment of prisoners would bring together the scattered provisions related to this subject and serve as a codification of customary international law. An international convention would also assist in the enforcement of these protections by clarifying standards and focusing attention on the issue. 194 notes and 1 appendix