Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 45
Párrafo- Paragraph text
- This focus area raises questions of the due diligence of States as well as, to a certain extent, of the direct obligations of non-State actors as far as the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment is concerned. It should be recalled that, although non-State actors are not directly bound by human rights treaties, there are other treaty provisions prohibiting torture and other cruel, inhuman or degrading treatment or punishment that may be directly binding on them. Most notably, under international humanitarian law, both States and non-State actors are absolutely prohibited from resorting to torture and other cruel, inhuman or degrading treatment or punishment for reasons related to an armed conflict. Moreover, any person resorting to torture or other cruel, inhuman or degrading treatment or punishment amounting to a war crime, a crime against humanity, or even genocide is subject to prosecution under international criminal law. Arguably, the universal prohibition of torture and other cruel, inhuman or degrading treatment or punishment can also be based on a general principle of law, namely what the International Court of Justice referred to as "elementary considerations of humanity". According to article 38 of the Statute of the International Court of Justice, such general principles of law constitute an independent source of international law along with treaties and custom.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2017
- Tipo de párrafo
- Other
- Paragraph number
- 45
ordenados por
Date ajouter
46 conexiones, 46 Entidades