نوع مقاله : مقاله علمی- پژوهشی مستخرج از رساله
موضوعات
عنوان مقاله English
نویسندگان English
Following the failure of the Senegal to fulfill its obligations, according to Article 7(1) of the CAT Based on, the commitment to the Prosecute of Habre, the former president of Chad, who was accused of committing of torture, the Belgium filled a lawsuit against that in the ICJ. In its Judgment on July 20.2012, emphasizing the Prohibition of torture as a Jus cogens, the court described this obligation as a Erga Omnes Partes Obligation and declared that the common interest of the member state of the convention in complying with the Erga Omnes alone for any member state is sufficient and therefore Belgium dos not need to have special flexibility. This decision has legal implications and has left too important questions unanswered, which are the subject of this article. Whether Belgium as a injured state, had the right to the request the extradition or prosecute or not? the description of the commitment to prosecute as Erga Omnes Partes exclusive to the CAT and similar or can it be extended to other international conventions containing this commitment? By using analytical descriptive method, the general assumption is that the development of Erga Omnes Partes by the court brings many opportunities to further implement the values of the international community and redress human rights violations. it will be shown the court that the member state of all conventions containing this obligation can be helps responsible for the responsibility of the responsible state by proving their special status different from other member states.
کلیدواژهها English