Torture In International Criminal Law


Every human being is protected by a particular law from being treated in a way that undermines their right to freedom from culture. Torture is common even in the contemporary world. People do some things that are likely to affect others in a negative way. However, this may not be classified as torture. According to the international laws, there are aspects that must be present for any action to be regarded as torture. The level of presence of these elements has in the past raised a significant debate. It is not entirely clear what levels of these actions that will be taken to be torture.

Elements that result to torture

The standard definition of torture is according to the international laws. This is the general standard used worldwide to deal with cases of torture. Individual federal governments have laws to protect its citizens from acts of torture. The achievement of this breakthrough was as a result of a good spirited fight by the bodies that fight for the human rights. Torture is when you inflict either physical or mental pain to a person with the primary intention of obtaining information from them or making them confess. Mainly, the people that are victims of torture are suspects or people that are believed to be close to suspects or with knowledge or information that is relevant to implicate somebody in a case. Therefore, it is clear that the first element of torture is the deliberate intention to inflict pain. The presence of pain is not torturing if it was not deliberate. The second element is with a goal or purpose, either to get a confession or information. The third element is that there is some form consent from the government or the authorities. The investigative agencies use excessive force to get information from suspects.

Prohibition of torture

Nations around the world have passed laws that prohibit torture. The international community’s fighting for the human rights were very influential towards the formation of such legislations. It may not be clear in some countries of the prohibition of torture in their laws. There are however other avenues that allow for those people that do torture. Despite the efforts, cases of torture are very rampant. It is not justifiable as it undermines the rights of victims. Tight measures should be put in place to fight this vice. Judges and the judiciary should step up the fight and charge heavily those caught doing torture.

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