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
 Burgers, J., & Danelius, H. (1998). The United Nations Convention against Torture: A Handbook on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (pp. 10-12). Dordrecht: Nijhoff.
 Catarina, K., & Martin, S. (2009). International Protection of Human Rights: A Textbook (p. 677). Turku/Abo: Abo Akademi University, Institute for Human Rights.
 Joseph, S., et al. (2004). International Covenant on Civil and Political Rights: Cases, Materials and Commentary (2nd ed.). Oxford: Oxford University Press.
 Kelly, T. (2009). The UN Committee against Torture: Human Rights Monitoring and the Legal Recognition of Cruelty. Human Rights Quarterly, 31, 567-591. http://dx.doi.org/10.1353/hrq.0.0094
 Krause, C., & Scheinin, M. (2009). International Protection of Human Rights: A Textbook Institute for Human Rights, Abo Akadami University. Institute for Human Rights. www.utica.edu/academic/institutes/ihrec/publications/abopub.cfm
 Manfred, N. (2009). Torture and Enforced Disappearance. In C. Krause, & M. Scheinin (Eds.), International Protection of Human Rights: A Textbook (pp. 151-182). Turku/Abo: Abo Akademi University, Institute for Human Rights.
 Roldely, N. (2002). The Definition of Torture under International Law. Oxford: Oxford University Press.
 Torture in International Law: A Guide to Jurisprudence (2008).
 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).
 Wendland, L. (2002). A Handbook on State Obligation under the UN Convention against Torture. Geneva: Association for the Prevention of Torture (APT).