Freedom from Torture and the Jurisdiction of Municipal Courts: Sri Lanka and United States Perspectives

Abstract

The traditional view that a nation's treatment of its citizens is beyond the concern of international law' is no longer viable. International law now recognizes the principle that governments have an obligation to protect basic human rights.2 This principle is not only binding on states which have acceded to the thirty-five or more multilateral treaties which deal with human rights, but is also generally binding on the international community as a rule of customary international law. One of the most fundamental of those rights is to be free from torture. This is evidenced by resolutions and treaties formulated by the General Assembly and other bodies of the United Nations,3 judgments of international tribunals,4 and constitutional provisions in over 55 states.s All have either expressly referred to, or borrowed from, article 5 of the Universal Declaration of Human Rights which states: No one shall be subjected to torture or to cruel, inhuman or degrading treatment.