Danubius International Conferences, Dunarea - axa a identitatii europene - prima editie
Torture as Jus Cogens Norm
Last modified: 2011-06-27
Abstract
Article analyzes the jus cogens norms and the legal effects produced by those. We had examined the competent authority to identify these norms. International crimes that rise to the level of jus cogens constitute obligation erga omnes which are inderogable from the all word countries. The practice of the states evidences that, more often than not, impunity has been allowed for jus cogens crimes, the theory of universality has been far from being universally recognized and applied, and the duty to prosecute or extradite is more inchoate than established, other than when it arises out of specific treaty obligations. We analyzed the judgments of the International Court of Justice, European Court of Human Rights and the national decisions of the courts such as Italy, Greece, Canada, Germany and their implication in torture as jus cogens crimes.
