Abstract

Abstract This chapter examines how the prohibition of torture became a universal legal norm in international law despite its widespread practice. It explores the way this influences how political leaders attempt to reconcile this ban with the commonality of the use of torture. It discusses how the torture ban developed from a violation of international law of states to an international crime of public officials that could be prosecuted through international tribunals and domestic courts through universal jurisdiction. The universality of the ban on torture is reflected in the sheer volume and authority of international and regional treaties, conventions, organizational charters, judgments by domestic, regional, and international tribunals, and soft law. The increasing number and breadth of legal sources prohibiting torture has led to a cross-fertilization, creating a rich, detailed, and increasingly consistent body of general international law.

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