Human Rights Norms And The Prohibition Of Torture Essay

Question 1 (i) Do States have universal jurisdiction to prosecute offenders? Human rights norms – and the prohibition of torture in particular - belong to the category of jus cogens. That status means that they are peremptory norms so  ´its derogation is not permitted and can be modified only by a subsequent norm of general international law having the same character’ (Vienna Convention on the Law of Treaties 1969, art. 53). When a violation of any of these peremptory norms occurs, States should have jurisdiction to prosecute and punish offenders in its territory even where the violations have been committed outside its territory and there are no other connecting factors . This is further explained in Prosceutor v. Anto Furundzija (ICTY 1998) where was demonstrated that one of the consequences of the jus cogens character is that every State has the right to prosecute and punish the authors of crimes of torture present in a territory under its jurisdiction . Therefore, the question raised seems to lead us to a positive answer as States have universal jurisdiction to prosecute any person who contravenes that prohibition. The Prosecutor case also exhibits three relevant features of the prohibition of torture which are in common to the other principles that protects fundamental human rights: The first feature is the obligation to the States not only to prohibit and punish torture but also to pre-empt its perpetration. A State is in violation of its obligations wheneverShow MoreRelatedThe Appeal Of The Mccain Feinstein Amendment935 Words   |  4 Pagesother words, the amendment approaches the problem from a different perspective in contrast to previous prohibitions. Rather than expressing a broad prohibition, it restricts interrogators to a definitive list of approved techniques (Feinstein, D 2015). This approach, thus, essentially avoids the ambiguity that has become an enduring quality of international human rights law in relation to torture (Cole, D 2015; Levinson, S 2015, pp. 2017-2018). In succinct terms, if a technique is not authorised,Read MoreThe Human Rights Of The United Nations2236 Words   |  9 PagesI Introduction The term ‘human rights’ is difficult to define, but generally they are regarded as those fundamental and inalienable rights which are essential for life. They are rights inherent, interdependent, and indivisible to all human beings. This means they cannot be granted or taken away and include rights such as civil, political, economic, social and cultural rights. Each act of torture and ill-treatment, inflicted by one human being upon another, permanently scars all those touched byRead MoreUniversal Human Rights And Universal Rights1312 Words   |  6 PagesUniversal human rights are those that apply to everyone no matter where they come from, who they are or what they do. They are held by the individual person and protect them from other people and/or collectives (Bell,1999). Human rights instruments found today are also compared to those in religions and ancient civilisations that have contributed towards the understanding of human dignity (James, 2007). There are many arguments on whether human rights are universally achievable and if they have alreadyRead MoreHuman Rights Law Course Work2128 Words   |  9 PagesHuman Rights Law Course Work 1.0 Introduction The European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as ‘the Convention’) stands as the world’s most successful legal instrument and foundation for international legal process in the protection of Human Rights. Drafted two months after the founding of the Council of Europe, in the aftermath of the atrocities of World War II, it was fundamental to the future and stability of the region to introduceRead MoreFemale Circumsion1179 Words   |  5 Pages‘unjust’. The most shared problem is that which such practice creates a situation where lives of people are put at risk. An eminent practice which is taken into attention is female genital mutilation. This writing shall discuss clashes between human rights and cultural relativism with my personal stance about these two ethical dilemmas. Female genital mutilation is considered as unlawful act by many people while in several cultures it is a common cultural practice. â€Å"Female circumcision is mainlyRead MoreBusiness Ethics - Philosophy of Human Rights6492 Words   |  26 PagesPhilosophy of Human Rights Reading 1. Denis Arnold, â€Å"The Human Rights Obligations of Multinational Corporations† I have had the opportunity to teach a number of courses on the philosophy of human rights. To supplement the Arnold reading, I thought that I would give you some basic background regarding the central philosophical and legal debates over the nature of human rights. What are human rights? Human rights are international norms that help to protect all people everywhereRead MoreEssay about The Human Right Violations at Abu Ghraib2003 Words   |  9 PagesThe Human Right Violations at Abu Ghraib In 1949, the Geneva Convention Relative to the Treatment of Prisoners of War was created to prohibit immoral, cruel and degrading punishment toward prisoners during wartime. The United States ratified this covenant and became a member of the Geneva Conventions. During Operation Iraqi Freedom, a series of human abuses occurred from October through December of 2003 where American military personnel have conducted acts of brutality and immoral behavior towardRead MoreThe International Covenant On Civil And Political Rights1669 Words   |  7 Pagesexplores the concept of non-derogable human rights as the basis for drawing a distinction between fundamental human rights (of jus cogens nature) and other core human rights (of jus dispositivum nature), and as argued in the paper, this classification sets an innate hierarchy, which when interpreted as such, can minimize conflict and in the worst, aid in resolution. The origin of this argument stems from Article 4 of the International Covenant on Civil and Political Rights (ICCPR) - arguably the most importantRead MoreThe Ethical Treatment of Prisoners3418 Words   |  14 Pagesï » ¿The ethical treatment of prisoners is a surprisingly contentious topic, considering how much is known about the conditions and contexts in which human beings function optimally, both physically and mentally. However, ethical discussions frequently have very little to do with what best allows human beings to thrive and function, but instead concern themselves with formulating rules and standards of acceptable behavior, usually out of the mistaken belief that these rules or standards represent someRead MoreThe Death Penalty Is The Constitutional Right Of A Human Being1793 Words   |  8 Pagespenalty has a lot of ethical and moral matters tied to it. In a world of individuality there is a divide on the people, for the death sentence and those against it. Many view i t as a barbaric and cruel punishment that violates the constitutional right of a human being. Whilst other view it as a just punishment for serious crimes. This paper will look at the history of the death penalty in Australia in body one. Then in body two, lead on to a recent case known as the ‘Bali nine’ which was experienced