‘Absolute Prohibition of Torture’: A Myth or Reality?

51 Pages Posted: 2 Feb 2011

Date Written: February 1, 2011

Abstract

Torture has regained currency and been subject of scholarly debates after the terrorist attacks in New York. ‘Absolute prohibition of torture’ is recognised in International Law but yet it is being practised in a significant number of societies. This dissertation is an attempt to explore whether this status is being respected in reality. The starting point would be tracing brief history of torture practices (Chapter 1), most accepted definition of torture would be analysed with its definitional shortcomings (Chapter 2) and then would be highlighted the development of the consensus among the states on ‘absolute prohibition of torture’ (Chapter 3). Different justifications brought forward by different states, on one pretext or the other such as national security and in the larger public interest, for their acts of derogation from the principled stand of ‘absolute prohibition of torture’ would be viewed (Chapters 4 and 5). Social impacts of torture and inhuman practices would also be analysed to see the advantages and disadvantages gained out of these practices. Civil libertarians and human rights activists arguments in support of absolute prohibition of torture - a deontological commitment and approach - would be analysed in the light of some real life scenarios - a teleological concern (Chapter 6). Before concluding this dissertation it would be assessed that whether ‘absolute prohibition of torture’ is a myth or reality (Chapter 7). Finally, the conclusion will bring forward few suggestions to assert that ‘absolute prohibition of torture’ approach must be followed in letter and spirit.

Keywords: Torture, Absolute Prohibition of Torture, Justifications for Torture, Deontological Commitment, Teleological Approach

JEL Classification: K14

Suggested Citation

Malik, Zafar Javed, ‘Absolute Prohibition of Torture’: A Myth or Reality? (February 1, 2011). Available at SSRN: https://ssrn.com/abstract=1753082 or http://dx.doi.org/10.2139/ssrn.1753082

Zafar Javed Malik (Contact Author)

affiliation not provided to SSRN ( email )

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