The United Kingdom and Diplomatic Assurances: A Minimalist Approach towards the Anti-Torture Norm

Grozdanova, Rumyana ORCID: 0000-0002-5825-5327 (2015) The United Kingdom and Diplomatic Assurances: A Minimalist Approach towards the Anti-Torture Norm. International Criminal Law Review, 15 (2). pp. 369-395.

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Abstract

In recent years, domestic counter-terrorism measures have reshaped the relationship between individual terrorist suspects and the state. Regional and international human rights frameworks regulating government behaviour during or after an emergency appear not to be a priority when set against national security concerns. The increasing reliance on diplomatic assurances and memoranda of understanding as means to fulfil the obligations stemming from the anti-torture norm is an illustration of this state approach. These agreements are not enforceable in law however they do form part of long established diplomatic practice. What distinguishes the pre and post 9/11 terrain however is not the use of these agreements per se. Rather, it is the growing use of these agreements as part of extradition or deportation proceedings or as part of irregular transfers such as extraordinary renditions in order to reduce state obligations under the human rights framework. The heavy reliance on these agreements by the United Kingdom, particularly after 9/11, illustrates aptly the changing approach towards national security.

Item Type:	Article
Additional Information:	## TULIP Type: Articles/Papers (Journal) ##
Uncontrolled Keywords:	counter-terrorism, human rights, diplomatic assurances, memoranda of understanding, United Kingdom, extradition
Depositing User:	Symplectic Admin
Date Deposited:	22 Sep 2015 08:46
Last Modified:	17 Dec 2022 01:34
DOI:	10.1163/15718123-01502005
Related URLs:	Publisher
URI:	https://livrepository.liverpool.ac.uk/id/eprint/2027220

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