TORTURE UNDER THE INTERNATIONAL HUMANITARIAN LAW
DOI:
https://doi.org/10.21501/23394536.1827Keywords:
Torture, Crimes against humanity, International Criminal Court, victim.Abstract
This paper studies the concept of torture from its regulation through IHL relatedinternational instruments; it not only considers facts associated with constituted power,
or with State organisms, but also the ones from particulars who have the capability to
submit and control any person to inflict suffering upon her, regardless of the cause and
origin of such vexations. In this sense, the integrating elements of torture are approached as a felony worth of juridical censure in international criminal law. Finally, the conclusion is that torture has been classified as a crime against humanity and a war crime, and it is likely to be tried in the International Criminal Court.
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