The Legal Prohibition Against Torture
The Legal Prohibition Against Torture
(…) The prohibition against torture as well as cruel, inhuman or degrading treatment is not limited to acts causing physical pain or injury. It includes acts that cause mental suffering (…)
(…) The prohibition against torture is well established under customary international law as jus cogens; that is, it has the highest standing in customary law and is so fundamental as to supercede all other treaties and customary laws (except laws that are also jus cogens). Criminal acts that are jus cogens are subject to universal jurisdiction, meaning that any state can exercise its jurisdiction, regardless of where the crime took place, the nationality of the perpetrator or the nationality of the victim. (…)
Sources:
- The Legal Prohibition Against Torture https://www.hrw.org/news/2003/03/11/legal-prohibition-against-torture
- Commentary on the provisions contained in the Geneva Convention, the UN Declaration of Human Rights, the European Convention on Human Rights and the Penal Code on the basis of selected excerpts from judgments http://not.surgery/legal/2018/06/14/excerpts-from-publications.html
- What do the UN Declaration of Human Rights, the European Convention on Human Rights, the Constitution of the Republic of Poland and the Penal Code have to say about this? http://not.surgery/legal/2018/06/14/conventions-constitution-and-penal-code.html
