Torture in international criminal law


C. Tofan
Shipping Weight: 600 gram
Published: 08-2011
Publisher: WLP
Language: US
ISBN (softcover) : 9789058870926

Product Description


Torture cannot be defined by a list of prohibited practices. Human rights treaties define it in a number of different ways, reflecting the different contexts in which they were drafted and the purposes of each particular treaty.

It is impossible to draw a clear dividing line between "torture" and other "cruel, inhuman or degrading treatment or punishment". Both torture and ill treatment are probihited in all circumstances by international law.

In times of international armed conflict, ill treatment (described as "inhuman treatment`and "willfully causing great suffering or serious injury to body or health" in the Geneva Conventions) is prohibited and criminalized as grave breaches of the Geneva Conventions.  These grave breaches are also incorporated in the jurisdiction of the Yugoslavia Tribunal and of the International Criminal Court. The Rome Statute of the International Criminal Courts prohibits torture when it constitutes genocide, a crime against humanity or a war crime.

This book examines case-law on torture as a main issue on Trail. ICTY, ICTR, SCSL and ICC regulations and jurisprudence are being discussed.