] Problem –What are the consequence of the jus cogensstatus of HR obligations? - Example 1: nternational Criminal Tribunal for former Yugoslavia (ICTY), Trial Chamber, Prosecutor v. Anto Furundzija, judgment of 10 December 1998, paras. 147–57 - Example 2: House of Lords (United Kingdom), R.v. Bow Street Metropolitan Stipendiary Magistrate and others, ex parte Pinochet Ugarte(No. 3), judgment of 24 March 1999 [2000] A.C

8 important questions on ] Problem –What are the consequence of the jus cogensstatus of HR obligations? - Example 1: nternational Criminal Tribunal for former Yugoslavia (ICTY), Trial Chamber, Prosecutor v. Anto Furundzija, judgment of 10 December 1998, paras. 147–57 - Example 2: House of Lords (United Kingdom), R.v. Bow Street Metropolitan Stipendiary Magistrate and others, ex parte Pinochet Ugarte(No. 3), judgment of 24 March 1999 [2000] A.C


What was the decision of the House of Lords in the case of R.v. Bow Street Metropolitan Stipendiary Magistrate and others, ex parte Pinochet Ugarte (No. 3)?


The House of Lords held that Senator Pinochet could be extradited to Spain for charges of criminal conduct.


What argument was submitted by the defense of Pinochet regarding his immunity from the criminal jurisdiction of the United Kingdom?


The defense argued that as a former head of state, Pinochet should benefit from immunity under the State Immunity Act 1978.


Why did the Law Lords reject the argument of Pinochet's defense regarding his immunity?


The Law Lords rejected the argument because they considered torture to be an international crime and prohibited by jus cogens.
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What is the principle of double criminality?


The principle of double criminality requires that an act must be considered a crime under the law of both the requesting country and the country from which extradition is sought.


Why was there a demand for some international machinery to repress state torture?


There was a demand for some international machinery to repress state torture because a totalitarian regime will not permit adjudication by its own courts on its own shortcomings.


How many states became state parties to the Torture Convention?


Over 110 states, including Chile, Spain, and the United Kingdom, became state parties to the Torture Convention.


According to the Torture Convention, how is torture defined?


Torture is defined as the intentional infliction of severe pain and suffering by a public official or person acting in an official capacity.


What is the purpose of immunity ratione materiae?


Immunity ratione materiae is necessary to prevent state immunity from being circumvented by prosecuting or suing state officials who carried out the functions of the state.

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