Terrorism and Prohibition on Torture
Priyanka Walter, Law Student, 5th Year, School of Law, Manav Rachna University.
ABSTRACT
The Geneva Convention is a set of international treaties that establish international law standards for humanitarian treatment in war. This paper analyses the Geneva Convention provisions related to terrorism, non-state actors and torture prohibition and examines the definition of terrorism and the legal implications of torture prohibition. It also explores the challenges of implementing these provisions in practice, particularly in counter-terrorism operations. Finally, the paper concludes that while the Geneva Convention provides a strong legal framework for human rights protection in times of war, there are significant challenges in ensuring compliance with these provisions in practice.
KEYWORDS
Torture, Non-combatant, Terrorism, Geneva Convention, Non-state actors
INTRODUCTION
Terrorism is a global phenomenon and ranges from political motives to criminal activities. It is often justified as a response to terrorism, but the general outrage that occurs when a terrorist act takes place can sometimes result in a laxer interpretation of the laws of war. Despite this, many governments around the world continue to use torture, often in the context of national security or counterterrorism efforts. International humanitarian law provides relief in situations of international armed conflict and holds parties accountable for the crimes committed; however, due to the archaic nature of the law, there are many loopholes which are persistent in the modern setting. Since the international law is not strictly binding to the states, by virtue of them being sovereign nations, the international law has a lot more to deal with the geopolitical notes and the global domination than to do with the aim of provide justice to the people who are suffering at large by the actions of the state.
Geneva Convention and its additional protocols have not been amended as should have been required or as frequent need arises. Looking at the current instability of the international laws and the tug of war being played by various international players (being the states) there is now a need to create either a new set of international laws or amend the existing legislation drastically to contain in it the vastness of the modern democracy and political situations.
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