Torture as Jus Cogens Norm

• Main Author: Mirgen PRENCE
• Format: Article
• Language: English
• Published: Danubius University 2011-08-01
• Series: Acta Universitatis Danubius: Juridica
• Subjects: protection of human dignity; peremptory norm; criminal law
• Online Access: http://journals.univ-danubius.ro/index.php/juridica/article/view/965/806

Article analyzes the jus cogens norms and the legal effects produced by those. Its importance lies in the fact that international crimes that rise to the level of jus cogens constitute obligation erga omnes which are inderogable from the all word countries. This study aims to contribute to earlier studies dedicated to the jus cogens norm. This paper is based on the author’s research about torture as jus cogens norm as part of the PhD thesis. In order to achieve better results the analysis is based on the following methods: observation, comparison and case-law. The study may be of special interest to the members of the judiciary, researchers and academics because of solution of torture protection in universal way without exception. Its main contribution lies in identification of competent authority to identify jus cogens norms.