Studieboek - ] 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
9 important questions on Studieboek - ] 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
What are the three important features of the prohibition against torture?
The prohibition against torture covers potential breaches, requires states to prohibit and punish torture, and obliges states to put in place measures to prevent torture.
What did the European Court of Human Rights state in the Soering v. United Kingdom judgment?
The European Court of Human Rights stated that international law intends to bar not only actual breaches but also potential breaches of the prohibition against torture.
What is the legal effect of failure to pass the required implementing legislation for the prohibition against torture?
Failure to pass the required implementing legislation for the prohibition against torture has a potential effect and may generate state responsibility.
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What must states do to fulfill their international obligation to prohibit torture?
States must immediately set in motion procedures and measures to prevent acts of torture and put an end to any ongoing torture.
What are the consequences of maintaining or passing laws that are contrary to the prohibition against torture?
Maintaining or passing laws that are contrary to the prohibition against torture may generate state responsibility and give rise to a claim for cessation and reparation.
What is the difference between the international prohibition of war benefits and the prohibition of torture?
The mere fact of keeping in force or passing legislation contrary to the international prohibition of torture generates international State responsibility, while war benefits do not have the same effect.
What is the status of the prohibition of torture in the international normative order?
The prohibition of torture has acquired the status of jus cogens, which means it is a peremptory norm that enjoys a higher rank in the international hierarchy than treaty law and even customary rules.
What is the consequence of the prohibition of torture being a peremptory norm?
The prohibition of torture cannot be derogated from by States through international treaties or local or special customs or even general customary rules not endowed with the same normative force.
What is the significance of the prohibition of torture having the status of jus cogens?
The prohibition of torture is one of the most fundamental standards of the international community and serves as a deterrent to ensure that nobody deviates from this absolute value.
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Topics that are related to Studieboek - ] 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
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[a] Problem - What happens when international rules conflict?
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] 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
