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  • Essay / The rights of prisoners in international law - 1515

    “The rights of prisoners in international law”I. Introduction: History of Prisoners' RightsImprisonment, or the confinement of a person, is a long-standing practice and tradition in world history (Roberts). Dating from 400 BC, prisons have had various meanings and served a wide range of functions, but in their fundamental use, prisons are intended to complement the rise of a state as a form of social organization (Roberts) . The most common use of prisons is as an adjunct to a state's justice system, in which individuals convicted and convicted of crimes are sent for a specified period of incarceration (Roberts). In addition to punishing civil crimes, prisons have been used by many regimes as tools of political repression, often punishing and detaining individuals without trial or other due process (Robert). Another practical use of prisons has arisen in times of war and conflict, where people – combatants and non-combatants – are held captive by a state in military camps as prisoners of war, for both legitimate and legitimate reasons. illegitimate (Robert). in the latter use, the prison system has become highly contested, especially after witnessing the extreme atrocities of World War II compounded by the perverse use of prisons and detention centers as means of oppression - thousands of people are persecuted on the basis of racial and religious criteria. and political terms (Roberts). Combat zones were no exception, as POWs were exploited for their labor and subjected to mental and physical abuse (Roberts). From this disposition of prisons as systematic institutions of violence, a broad consensus has emerged globally demanding that the international community create protections for people...... middle of paper ...... red on historical understanding of guaranteeing rights for the State, rather than for its citizens. Considered the ultimate and overarching authority within which the world should act and determine its domestic and foreign policy, human rights constitute a “striking incursion into the generally well-preserved domain of sovereignty.” States.” This construction of prisoners' rights has led to great confusion, as well as hostility between states, who feel that part of their sovereignty is being violated, because the international community not only dictates what the state can and cannot do, but it imposes a set of standards that may be completely foreign to the country. The struggle between the recognition of prisoners' rights and the sovereignty of a state has led to great tensions within the international community and ultimately led some states to reject the proposals..