Apsolutna zabrana mučenja u međunarodnom pravu
Absolute forbiddance of torture in international law

Summary/Abstract: The prohibition of torture is dealt with by a large number of international instruments, general and specialized, both at the universal and the regional level. However, most of them do not include a definition of torture, so that the one provided by the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is deemed relevant - coming from the most comprehensive act. This Convention specifically excludes the possibility of invoking any exceptional circumstances which would make torture justified. Although there are individual theorists contrasting such a position in the light of the “ticking bomb” scenario, international law has no dilemma. Considering the international treaties and the practices of the supervisory bodies, the absolute character of the prohibition of torture has been unambiguously established. It is a jus cogens norm that binds all countries of the world and allows no deviation under any circumstances.

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