BLR  Vol.5 No.1 , March 2014
Interpretation of Article One of the Convention against Torture in Light of the Practice and Jurisprudence of International Bodies
Author(s) Kidus Meskele*
ABSTRACT

Torture is one of the most brutal and horrendous human right violation, constituting direct attack on the core of human dignity. Though a number of international legal frameworks incorporate the right against torture, it is the convention against torture which provides the most prominent definition of torture. So this paper dedicated to explore the definition of torture in light of the practices and jurisprudence of the international bodies. Accordingly, there are four essential elements of the definition torture, which play a significant role in qualifying an “act” or “conduct” as torture. Apart from this, the paper has critically assessed the state obligation that flows from the definition provision. It has also discussed that the definition of torture is in continual process of evolution. In general, it is made clear that article one plays a pivotal role in understanding the whole notion of the concept of torture, and implicating the state obligation with regard to torture.


Cite this paper
Meskele, K. (2014). Interpretation of Article One of the Convention against Torture in Light of the Practice and Jurisprudence of International Bodies. Beijing Law Review, 5, 49-61. doi: 10.4236/blr.2014.51005.
References
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[7]   Roldely, N. (2002). The Definition of Torture under International Law. Oxford: Oxford University Press.

[8]   Torture in International Law: A Guide to Jurisprudence (2008).

[9]   United Nations General Assembly (UNGA) (2009). Report of the Committee against Torture (p. 392). New York: UNGA. (GAOR Sixty-fourth Session, Supplement No. 44 (A/64/44)) (also available in other official languages of the UN system).

[10]   Wendland, L. (2002). A Handbook on State Obligation under the UN Convention against Torture. Geneva: Association for the Prevention of Torture (APT).

 
 
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