Torture : a crime under international law

Abstract

« Torture: A Crime under International Law » - The topic forming the object of this thesis poses two important questions which call to be addressed if a true assessment of the statement is to be made. Indeed the subject revolves around two main issues: (a) What is torture? and (b) What constitutes a crime under international law? Part I has the object of distinguishing between a crime under international law and that which renders a certain practice an international crime. In the course of this objective the legal implications raised by the two phrases are underlined, thus further distinguishing between these two distinct concepts. Consequently throughout this work any reference to the term "crime" in or under international law must be understood in the sense of a "criminal offence" in or under international law, and must no.t therefore be mistaken with "international crime" which has a completely different meaning. Henceforth and unless otherwise specified, "crime" and "criminal offence" in or under international law shall be used interchangeably. Moreover the term "international law" is the abbreviated form for the phrase "Public international law" as distinct from "Private international law". Part II begins by concentrating on the historical perspective to the concept of torture, going on to bring to the fore the various definitions which have shrouded the concept in the past. Finally, Part III evolves around identifying the status which torture has acquired under international law, thereby determining whether the practice of torture qualifies as a crime under international law or not. In this part of the thesis the status of torture as it features under international law, will be studied from two perspectives: Torture in Time of War and Torture in Time of Peace. With regards to this latter aspect of torture, the relevant chapter culminates with a brief study as to how torture is regulated under the municipal laws of today, which serves the purpose of providing further insight into the manner in which torture is portrayed by individual States of the international community, in particular by our own country.