Torture: the application prospects of universal criminal jurisdiction

CC BY-NCThe article aims at revealing the concept of torture in international law as well as focuses the problems of determination and implementation of criminal responsibility for torture crime. The authors analyse the concept of torture in international law. This analysis is based mainly on interpretation of provisions of the Convention against torture and other cruel, inhuman or degrading treatment or punishment. Taking into account the elements of torture in international law the article proceeds with the determination of concept of torture in Lithuanian criminal law. Torture as one of the crimes against humanity may be carried out by the organisation or political group which controls territory and performs civil, military, politic administration de facto as well. Large scale (or widespread) criteria has been introduced in order to eliminate an isolated inhumane act committed by a perpetrator acting on his own initiative and directed against a single or couple of victims. According to the said criteria analysed crime may be committed only as an massive, frequent, large scale action carried out collectively with considerable seriousness directed against multiplicity of victims. Systematic criteria means that crimes against humanity shall be result of systematic actions as a thoroughly organised and following a regular pattern on the basis of a common policy involving substantial public or private resources. So, it should be emphasised, that the definition of torture has four elements: 1) intention of the perpetrator; 2) acts and omissions that inflict severe physical or mental suffering; 3) the involvement of a public official; and 4) for one of several specific enumerated purposes