The Torture Convention 1984

There could be criminal liability under international
law for a class of crimes such as war crimes and crimes against humanity.

torture wherever committed, with Jus cogens nature of International law offences may
be punished by any state because the offenders are common enemies of all mankind and all nations.

Before the Torture Convention of 1984 state torture was an international crime in the highest
sense. But there was no tribunal or court to punish international crimes of torture.

Article 1 of the Convention defines torture as the intentional infliction of severe pain and of suffering
with a view to achieving a wide range of purposes ‘when such pain or suffering is inflicted by or at the 
instigation of or with the consent or acquiesence of a public official or other person acting in an 
official capacity.’

Article 2(1) requires each state party to prohibit torture on territory within its own
jurisdiction.

Article 4 requires each state party to ensure that ‘all’ acts of torture are offences under
its criminal law. A

2(3) outlaws any defence of superior orders. Under Article 5(1) each state party has to establish its jurisdiction over torture

(a) when committed within territory under its jurisdiction
(b) when the alleged offender is a national of that state.

 (c) in certain circumstances,
when the victim is a national of that state. Under Article 5(2) a state party has to take jurisdiction over any alleged offender who is found within its territory.

Article (6)  contains provisions for a state in whose territory an alleged torturer is found to detain him, inquire into the position and notify the states referred to in Article 5(1) and to indicate whether it intends to exercise jurisdiction.

Article 7
the state in whose territory the alleged torturer is found shall, if he is not extradited to any of the states mentioned in Article 5(1), submit him to its authorities for the purpose of prosecution. U

Article 8(1) torture is to be treated as an extraditable offence and under Article 8(4) torture shall, for the purposes of extradition, be treated as having been committed not only in the place where it occurred  but also in the state mentioned in Article 5(1)

Example 1
International Criminal Tribunal for former Yugoslavia (ICTY), 1998

Example 2
President of Chile,  Pinochet,
extradited to Spain from UK on charges of torture  chillie . 1999

Example 3
Sri Lanka cases in conflict

Sri Lanka has ratified Interbational Toture Convention in 1994.

Link to document 

important points from the Torture Convention:

(1) Torture within the meaning of the Convention can only be committed by ‘a public official or
other person acting in an official capacity’, but these words include a head of state. A single
act of official torture is ‘torture’ within the Convention;

(2) Superior orders provide no defence;

(3) If the states with the most obvious jurisdiction (the Article 5(1) states) do not seek to extradite,
the state where the alleged torturer is found must prosecute or, apparently, extradite to another
country, i.e. there is universal jurisdiction.

(4) There is no express provision dealing with state immunity of heads of state, ambassadors or
other officials