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HUMAN, TACTICAL OR TECHNICAL: THE
NATURE OF MODERN PEACEKEEPERS
nal and regional treaties and forms prohibition of torture is regular- ther obligation to prevent torture
part of customary international law, ly questioned by people on the and other forms of ill-treatment.
binding all States. Since the adop- grounds of security or counter-ter- The United Nations Convention
tion of the Universal Declaration of rorism, often using a hypothetical against Torture expands the pro-
Human Rights in 1948, and the In- “ticking bomb” scenario. This sce- visions around torture placing an
ternational Covenant on Civil and nario involves the police capturing explicit obligation on States parties
Political Rights (1966) the prohibi- a terrorist whom they suspect has to prevent torture and other forms
tion of torture has been universally placed a bomb that is about to of ill-treatment. According to arti-
understood to mean that “no one explode in the middle of a large cle 2.1, “each State Party shall take
shall be subjected to torture or to city. Many assert that only torture effective legislative, administrative,
cruel, inhuman or degrading treat- will make the suspect disclose the judicial and other measures to pre-
ment or punishment”. The prohibi- required information to prevent vent acts of torture in any territory
tion of torture and cruel, inhuman the deaths of thousands of people. under its jurisdiction”, while article
or degrading treatment or punish- Actually, accepting the “ticking 16 requires that “each State Par-
ment is absolute and can never be bomb” argument could dangerou- ty shall undertake to prevent (…)
other acts of cruel, inhuman
or degrading treatment or
punishment.”. Article 4 of the
Convention requires speci-
fi cally to ensure that torture
is included as a specifi c cri-
me in the national criminal
law. Some States argue that
this is unnecessary, as acts of
torture would already be co-
vered by existing offences in
their criminal codes. Howe-
ver, this provision is essential
because torture is not just a
form of violent assault, it is
an exercise of power over a
victim, by a state agent abu-
sing his position, that does
not correspond to any other
justifi ed under any circumstance. sly, by extension, be used to try and criminal offence. Defi ning torture
This prohibition is also non-dero- justify torture in a wider range of as a crime underlines the specifi c
gable, which means a State is not situations. Additionally, professio- nature and gravity of the offence
permitted to temporarily limit the nal interrogators have repeatedly providing a clear warning to offi -
prohibition on torture under any emphasized the point that inter- cials that the practice is punishable
circumstance whatsoever, be it a rogation can be conducted much in accordance with its seriousness.
state of war, internal political in- more effectively without the use of The Convention establishes a uni-
stability or any other public emer- torture and relying on it renders in- versal jurisdiction over the crime of
gency. The prohibition of torture is vestigators less active in exploiting torture and, when it is perpetrated
also recognized as a peremptory other investigative opportunities . in a widespread or systematic man-
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norm of international law, or jus Thirdly, considering the particular ner, or takes place in an armed
cogens . In other words, it overri- importance placed on the prohi- confl ict, the International Crimi-
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des any inconsistent provision in bition of torture, the traditional nal Court might try those respon-
another treaty or customary law. obligations of States to respect, sible, as it is regarded as a crime
Despite the above-mentioned stri- to protect and to fulfi l human ri- against humanity and a war crime.
ct legal provisions, the absolute ghts are complemented by a fur- Article 10 of the Convention requi-

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