Torture by Private Actors and ‘Gold-Plating’ the Offence in National Law: An Exchange of Emails in Honour of William Schabas

Arcs of Global Justice: Essays in Honour of William Schabas, edited by Margaret M. deGuzman and Diane Marie Amann, Oxford University Press, OUP, pp 287-295, 2018

9 Pages Posted: 18 Jan 2018 Last revised: 28 Mar 2019

See all articles by Andrew Clapham

Andrew Clapham

Graduate Institute of International and Development Studies

Paola Gaeta

Independent

Date Written: January 10, 2018

Abstract

This email exchange seeks offers a snapshot of an argument over whether states parties to the Torture Convention are obliged to criminalize in domestic law the crime of torture as such; and it goes on to explore what are the pros and cons of demanding that torture requires the involvement of a 'state official' and whether states can 'gold plate' their definition of torture in domestic law this extending the crime into the private sphere. In the end this is a discussion about the very nature of torture, or if you like torture's 'quintessence'.

Keywords: torture, international crimes, state actors, non-state actors, public official

Suggested Citation

Clapham, Andrew and Gaeta, Paola, Torture by Private Actors and ‘Gold-Plating’ the Offence in National Law: An Exchange of Emails in Honour of William Schabas (January 10, 2018). Arcs of Global Justice: Essays in Honour of William Schabas, edited by Margaret M. deGuzman and Diane Marie Amann, Oxford University Press, OUP, pp 287-295, 2018. Available at SSRN: https://ssrn.com/abstract=3099614

Andrew Clapham (Contact Author)

Graduate Institute of International and Development Studies ( email )

PO Box 136
Geneva, CH-1211
Switzerland

Paola Gaeta

Independent ( email )

No Address Available

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