Types of Jurisdiction over the Offence of Torture

Abstract

This chapter discusses Article 5 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 5 stipulates an obligation for State parties to establish their jurisdiction over the crime of torture in a comprehensive manner in order to avoid safe havens for perpetrators of torture. In addition to the territoriality and flag principle, as well as the active and passive nationality principle laid down in Article 5(1), Article 5(2), for the first time in a human rights treaty, establishes the obligation of State parties to establish universal jurisdiction in all cases where an alleged torturer is present in any territory under their jurisdiction. The provisions of Articles 6 to 9 are closely related to Article 5 and further define the various steps which States need to take in order to bring suspected torturers to justice.