Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 14
Paragraph- Paragraph text
- The prohibition against torture and other ill-treatment is codified in most international and regional human rights instruments and is a rule of customary international law and a jus cogens, or peremptory, norm of international law applying to all States. The Special Rapporteur recalls that the obligation to respect the human rights of all persons applies whenever States affect the rights of individuals abroad through their acts or omissions. All States parties to the International Covenant on Civil and Political Rights must respect and ensure the rights contained therein to all persons within their power or effective control outside their territories and regardless of how such power or effective control was obtained. This includes "all individuals regardless of nationality or statelessness … who may [be] subject to the jurisdiction of the State Party". This is because construing State responsibility so as to allow a State to perpetrate on the territory of another State human rights abuses that it could not perpetrate on its own territory would produce unconscionable and absurd results at odds with fundamental legal obligations. The International Court of Justice recognizes that human rights obligations are unequivocally applicable in respect of acts done by States in the exercise of their jurisdiction outside their own territories.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Other
- Paragraph number
- 14
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