Book contents
- The Prohibition of Torture and Ill-Treatment under International Law
- The Prohibition of Torture and Ill-Treatment under International Law
- Copyright page
- Contents
- Introduction
- 1 The Definition of Torture under International Law
- 2 The Definition of Other Ill-Treatment under International Law
- 3 The Status and Jurisdiction of the Prohibitions under International Law
- 4 National Legislation on Torture
- 5 The Relationship between the Prohibitions of Torture and Other Ill-Treatment and Other Human Rights
- 6 The Protection of Detainees in Peacetime
- 7 The Prohibition of Torture and Ill-Treatment in Armed Forces and Armed Groups
- 8 The Regulation of Extra-Custodial Use of Force by the Police
- 9 The Duty to Investigate and Prosecute Torture and Ill-Treatment in Peacetime
- 10 The Prohibitions of Torture and Other Ill-Treatment in Armed Conflict under International Humanitarian Law
- 11 Torture and Other Ill-Treatment and the Death Penalty
- 12 Torture and Ill-Treatment As International Crimes
- 13 Torture and the Rule of Non-refoulement
- 14 Global, Regional, and Local Action against Torture
- 15 State Responsibility and Remedies and Reparations for the Survivors of Torture and Ill-Treatment
- Outlook
- Index
4 - National Legislation on Torture
Published online by Cambridge University Press: 17 April 2025
Book contents
- The Prohibition of Torture and Ill-Treatment under International Law
- The Prohibition of Torture and Ill-Treatment under International Law
- Copyright page
- Contents
- Introduction
- 1 The Definition of Torture under International Law
- 2 The Definition of Other Ill-Treatment under International Law
- 3 The Status and Jurisdiction of the Prohibitions under International Law
- 4 National Legislation on Torture
- 5 The Relationship between the Prohibitions of Torture and Other Ill-Treatment and Other Human Rights
- 6 The Protection of Detainees in Peacetime
- 7 The Prohibition of Torture and Ill-Treatment in Armed Forces and Armed Groups
- 8 The Regulation of Extra-Custodial Use of Force by the Police
- 9 The Duty to Investigate and Prosecute Torture and Ill-Treatment in Peacetime
- 10 The Prohibitions of Torture and Other Ill-Treatment in Armed Conflict under International Humanitarian Law
- 11 Torture and Other Ill-Treatment and the Death Penalty
- 12 Torture and Ill-Treatment As International Crimes
- 13 Torture and the Rule of Non-refoulement
- 14 Global, Regional, and Local Action against Torture
- 15 State Responsibility and Remedies and Reparations for the Survivors of Torture and Ill-Treatment
- Outlook
- Index
Summary
This chapter reviews the proscription and criminalization of torture in domestic legal systems around the world. The 174 States Parties to the 1984 Convention against Torture are all obligated to ensure that all acts of torture are offences under its criminal law. In fact, torture is prohibited in some form under domestic law in 195 of the 197 States recognized by the Secretary-General of the United Nations . The two exceptions are Niue (a State not party to the 1984 Convention against Torture) and San Marino.
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- Chapter
- Information
- Publisher: Cambridge University PressPrint publication year: 2025