TORTURE

Abstract

This chapter focuses on the concept of torture in the context of international laws associated with it. Although torture is proscribed by conventional, customary, and general principles of international law, the definition of the term “torture” is not entirely clear. The proscription of torture in the sphere of international law initially evolved in the field of humanitarian law in armed conflict. The prohibition of torture has also been reiterated in a number of unanimous United Nations resolutions, including the 1975 Declaration. The uniform treaty condemnation of torture, the unanimity in the opinion of scholars, and the various efforts to improve the protection of the individual against torture provide a strong indication that the proscription of torture is not merely a part of customary international law but that it has become jus cogens. Today protection from torture seems to be one of those fundamental human rights to which all individuals are entitled, regardless of their nationality.