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Prosecutor v. Furundzija

The document summarizes a case from the International Criminal Tribunal for the former Yugoslavia regarding the prohibition of torture as a natural law and jus cogens. It states that the prohibition of torture is imposed on all states through a peremptory norm and gives states the right to prosecute individuals accused of torture regardless of where the acts were committed. The rationale is that torture is so universally condemned that every state has a right to punish those involved in its commission.

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3K views1 page

Prosecutor v. Furundzija

The document summarizes a case from the International Criminal Tribunal for the former Yugoslavia regarding the prohibition of torture as a natural law and jus cogens. It states that the prohibition of torture is imposed on all states through a peremptory norm and gives states the right to prosecute individuals accused of torture regardless of where the acts were committed. The rationale is that torture is so universally condemned that every state has a right to punish those involved in its commission.

Uploaded by

crlstinaaa
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as TXT, PDF, TXT or read online on Scribd
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Natural Law and Jus Cogens

Case: Prosecutor v. Furundzija (2002, International Criminal Tribunal for the


former Yugoslavia)

Summary:
• The prohibition of torture is imposed upon all states, by a peremptory norm
○ Prohibition designed to produce a deterrent effect - tells all states that
this is an absolute value from which no state can deviate
○ Also serves to de-legitimize any type of state legislation that authorizes
torture
• Individuals that commit torture on behalf of their nation, can be held
criminally responsible for torture, either in a foreign state, or in their own (if
under a subsequent regime).
• Any state is entitled to "investigate, prosecute, and punish or extradite
individuals accused of torture, who are present in a territory under their
jurisdiction."
• There is a universal jurisdiction over torture. Rationale for this:
○ b/c the character of the crime is so universally condemned, every state
has a right to prosecute and punish those who participated in their commission

Notes

• Torture has risen to level of jus cogens


• Since it is so universal, jurisdiction should also be universal
○ Very controversial proposition, which is being debated
• Erga omnes - the obligation associated with that norm

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