Torture by Non-state Actors
نویسندگان
چکیده
Abstract In legal discourse, ‘torture’ is a term used to describe the deliberate infliction of severe physical or mental pain and suffering upon person. One controversial aspect definition torture has been status perpetrator, whose acts are relevant for purposes under international law. This ambiguity came forefront in judgment United Kingdom (UK) Supreme Court R v. Reeves Taylor, where ruled that category persons ‘acting an official capacity’ (under section 134 Criminal Justice Act 1988, which implements Nations Convention against Torture) included members armed groups, if those groups exercise governmental authority over civilian population territory their control. article relies on Taylor as gateway wider analysis four fundamental inquiries into operation crime torture: (i) rationales underlying criminal repression torture; (ii) rules (including UN well other rules) give expression different rationales; (iii) spectrum actors can constitute rules; (iv) implications expanding possible perpetrators.
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ژورنال
عنوان ژورنال: Journal of International Criminal Justice
سال: 2021
ISSN: ['1478-1395', '1478-1387']
DOI: https://doi.org/10.1093/jicj/mqab029