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
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