International criminality of torture: а global dimension
Journal Title: Альманах міжнародного права - Year 2017, Vol 16, Issue
Abstract
The article investigates the problem of the effectiveness of international law in the fight against crime and terrorism, torture, human rights provide opportunities in a global conflict, especially as regards the prohibition of torture. The author focuses on the search for international law, effective ways to further the fight against torture. Struggle against torture is determined to be one of the directions of enhancing the effectiveness of international law in fighting international criminality (including terrorism) through the analysis of qualification characteristics of torture and terrorism as crimes under international law. It is proposed to consider torture in the broader international criminological meaning, namely in two ways: through direct causing of a physical and moral suffering to a particular social group, nation and through intimidation, causing suffering and harassment of individuals. It is proved that at a global level the problem of the use of torture and ill-treatment (including those while terrorist activities) has not gained appropriate criminalization. Such important issues of today as violation of rights of peoples, nations, states because of hunger, war, extreme degree of poverty, hopelessness, lack of appropriate conditions for development, which in many cases result in terrorism, have not received more careful consideration. Following this, іt was proposed to make an important step in the evolution of anti-terrorist law-making by improving the current international legal norms in struggle against terrorism and strengthening (streamlining) the law against torture, due to which the effectiveness of anti-terrorism law will be increased.
Authors and Affiliations
А. Ю. ЗАМУЛА
Keywords
Related Articles
- EP ID EP443583
- DOI -
- Views 93
- Downloads 0
State responsibility in international law
The article describes the features of responsibility for the violation of international obligations under the draft articles on responsibility of States for internationally wrongful acts, adopted by the International Law...
Peculiarities of the diplomatic protection of crew members of a marine vessel
A common requirement for the exercise of the diplomatic protection by a state is the possession of this state’s citizenship by the person to whom such protection is granted. As an exception, in accordance with a genera...
Institute of the readmission of persons in the system of the public law
In the article scientific approaches related to a place of the readmission of per- sons in the legal system are researched. It is determined that dialectic of establishment and devel- opment of the readmission of persons...
Constitutional improvement of human responsibilities and citizens of European states
The article deals with the constitutional practice of normative regulation of the duties of a person and a citizen in Ukraine and 42 states of continental Europe. On the basis of comparative legal analysis, the volume of...
Compensation for losses as a form of the rights of foreign investments against unlawful expropriation
Compensation for losses, as a rule, is considered as one of the types of legal responsibility for the violated rights of one of the parties at the legal relations. However, the con sideration of this category through the...