Global War on Terror Interplay with Prohibition of Torture in Public International & Indian Law

  • Vedanti Singhal and Sejal Choudhary
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  • Vedanti Singhal

    Student at O.P. Jindal University, India

  • Sejal Choudhary

    Student at O.P. Jindal University, India

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Abstract

This paper discusses the impact that the Global War on Terror campaign had on the international human rights system and how has the international community responded to this impact. It proceeds to analyse specifically India’s position on the same though its domestic laws, which have been a brainchild of measures adopted by the US during GWoT. This paper employs a tracing approach for the sake of clarity and structure by giving a brief overview of concepts of torture and WoT and then, examines the role of International Courts and human rights bodies in protecting Human Rights and their response to the trend of a flexible interpretation of torture prohibition introduced by WoT. In its latter segment, it reaches the conclusion that India has been heavily influenced by GWoT and continues to adopt torture as a counter-terrorism measure while denying its use. It is argued that India must ratify UNCAT, a special Convention on the prevention of torture, in accordance with its international obligations.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 3, Page 2175 - 2185

DOI: https://doij.org/10.10000/IJLMH.113295

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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