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Protection against torture in international law

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dc.contributor.advisor Qasaymeh, Khaled Ahmed Kgosietsile, Madume 2015-10-08T08:55:48Z 2015-10-08T08:55:48Z 2015-02 2015-10-08
dc.identifier.citation Kgosietsile, Madume (2015) Protection against torture in international law, University of South Africa, Pretoria, <> en
dc.description.abstract This limited scope dissertation deals with the protection against torture in international law. The mechanisms which have been established over the years to protect individuals against torture are analysed. The principles of international customary law dealing with torture and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) have been examined against the failure by States to honour their obligations under the Treaty and other legal normative rules. This required deep exploration of the definition of torture and how States can compromise the rule of law by manipulating the definition of torture as contemplated by the Treaty or other instruments. Examples from the former US government highlight the ways in which domestic laws can be used and are continued to be used to allow the use of torture. Measures by South Africa in joining the international community in the fight against torture are also discussed as a case study. While all efforts have been made by the South African system to adopt desirable frame works on the protection of individuals against torture, the lack of education on torture remains the down fall of the system. The dissertation clearly explains that universal jurisdiction applies in respect of torture and this is recognised by both treaty law and customary law. Indeed despite all the current measures in place the use of torture persists. The research clearly reveals that countries hide behind their own laws to perpetrate acts of torture. It is then recommended that proper implementation of the legal structures, informed of the objectives of the structures, is essential in completely eradicating torture. en
dc.format.extent 1 online resource (ix, 61 leaves) en
dc.language.iso en en
dc.subject Torture en
dc.subject UNCAT en
dc.subject SA Torture Act en
dc.subject Geneva conventions en
dc.subject Criminal tribunals en
dc.subject Legislation en
dc.subject International customary law en
dc.subject State party obligations en
dc.subject Jurisdiction on torture en
dc.subject International crimes en
dc.subject Terrorism en
dc.subject.ddc 341.48
dc.subject.lcsh Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (1984 December 10) en
dc.subject.lcsh Torture (International law) -- Case studies en
dc.subject.lcsh Torture -- South Africa -- Prevention -- Case studies en
dc.subject.lcsh Human rights -- South Africa -- Case studies en
dc.title Protection against torture in international law en
dc.type Dissertation en
dc.description.department Public, Constitutional, and International Law en LLM

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