Acta Universitatis Danubius. Juridica, Vol 7, No 2 (2011)

Torture as Jus Cogens Norm

Mirgen Prence


Article analyzes the jus cogens norms and the legal effects produced by those. Its importance lies in the fact that international crimes that rise to the level of jus cogensconstitute obligation erga omneswhich are inderogable from the all word countries. This study aims to contribute to earlier studies dedicated to the jus cogens norm. This paper is based on the author’s research about torture as jus cogens norm as part of the PhD thesis. In order to achive better results the analysis is based on the following methods: observation, comparison and case-law. The study may be of special interest to the members of the judiciary, researchers and academics because of solution of torture protection in universal way without exception. Its main contribution lies in identification of competent authority to identify jus cogens norms.


Full Text: 87-98


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