Ban on torturing in international law

93 Název práce a její resumé v anglickém jazyce Prohibition of torture in the international law The prohibition of torture and other forms of ill-treatment is universally recognized and is enshrined in all of the major international and regional human rights instruments. It is also a firmly rooted principle of customary international law, and as such, it is binding on all states at all times, irrespective of whether states have assumed additional treaty obligations in respect of the prohibition. All international instruments that contain the prohibition of torture and ill- treatment recognize its absolute, non-derogable character. This is reinforced by its higher jus cogens status under customary international law which connotes the fundamental, peremptory character of the obligation. The prohibition of torture also imposes obligations erga omnes, and every state has a legal interest in the performance of such obligations which are owed to the international community as a whole. This obligation has important consequences under basic principles of state responsibility, which provide e.g. the obligation of all states to prevent torture and other forms of ill- treatment, to bring it to an end, not to endorse, adopt or recognize acts that breach the prohibition. We speak about negative and positive obligations..