Prohibition Of Torture As Jus Cogens

Identifying the banning of wo(e) as jus cogens of international law Artan Sadiki Introduction The magazine when states could completely rely on their national sovereignty without world bounded erga omnes by any rule of a high instance marked the period of classical international law. Since that cartridge clip there have been a lot of progressive developments followed by the evolution of the international familiarity that contributed to the shift from the individualistic near towards the international law by the states, to an increased awareness for aegis of the general interest of the whole society. To ensure this protection, the international community recognized the existence of jus cogens, peremptory norms of general international law, which fetter all the countries without their separate consent . Even there is a debate on the issue of the lack of criteria to identify when a general rule of international law has reached the status of jus cogens , it is very(prenominal) well established under international law that the prohibition of torture is clearly one of those norms. While there is a low opposition to this idea by the states, some authors signal on the practice of torture by some of them that could compete the jus cogens status of the prohibition of torture.

The legal arguments below will render that the fruition of the prohibition of torture as a jus cogens is strongly supported by the states practice, treaty law, doctrine and judicial decisions. This recognition based on the legal conscience and moral set creates a more aware and responsive international community that reinforces the respect of human rights worldwide. Background Many European countries abolished torture in the late 1700s or early 1800s. Even by and by they abolished torture in the 1700s and 1800s, European countries returned to its use in the 1900s, oftentimes claiming state security reasons. Examples of states that used torture as a sectionalization of their state security are... If you want to get a rich essay, order it on our website: Ordercustompaper.com

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