Comprehensive prohibition of torture : challenges and loosening of a taboo / Bahzad Joarder

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Document type:

Chapter

Title:

Comprehensive prohibition of torture : challenges and loosening of a taboo

Author zone:

Bahzad Joarder

In:

Human rights and international criminal law

Editor:

Leiden ; Boston : Brill Nijhoff, 2022

Physical description:

p. 164-192

Languages:

English

General Note:

Bibliography : p. 185-192

Abstract:

Torture and Cruel, Inhuman or Degrading Treatment (CIDT) are a type of reprehensible crimes that attract universal condemnation. States parties to various international instruments are obligated to ensure a complete prohibition of the practices. States confronted with competing objectives often attempt to absolve actores that resort to such practices. This chapter begins with a brief discussion of the international instruments designed to prohibit torture and CIDT. Then it details some state practices with a principal focus on the USA because of its attempt to re-define torture and CIDT restrictively. Such practices have grave consequences in loosening the prohibitive rules against torture and CIDT. Finally, the chapter examines the legitimate use of structural restraints available in international law which allows 'watering down' of state obligations under various international instruments.

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