The fundamental human right against torture : an analysis of the role of the International Criminal Court with regard to this right

Abstract

What is torture? What is considered as amounting to torture under national and international law? Does there have to be a specific reason for the commission of this act in order to classify it as such? From time immemorial, torture has been used in different spheres and for different ends. Certain writers and pieces of legislation highlight the use of this act in order to extract a confession, whilst others speak about the sadistic intent underlying torture and the mental frame of the torturer, and also on the permanent physical and psychological effects on the victim of torture. Throughout the years, there has been an increasing awareness of the heinous nature of the crime of torture; and thus with this awareness, the need to implement legislation and institutions to regulate this crime, has also increased. In my thesis, I have sought to underline the progress in this field of regulation which commences from the Trials of Nuremberg and Tokyo and leads to the current position regarding the regulation of torture introduced by the Rome Statute of the International Criminal Court of 1998. Thus, has the regulation of tortured changed? What has Malta done in order to ratify this legislation? The issue of redress and combating the crime of torture has been addressed in detail. The main issue that should emerge from this analysis is, that torture is a crime, which leaves an indelible mark on its victims and degrades the human dignity of the victim and also of the torturer. Thus, under no circumstances should it ever be tolerated. The creation of the International Criminal Court, as a permanent criminal institution which is complementary in nature, is a leap in the right direction in order to make and keep a promise to mankind to show complete respect for the fundamental human right protecting against torture.