Diplomatic Assurances in Cases of Expulsion to Torture: A Critical Analysis

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Abstract

Diplomatic assurances in the cases of expulsion to torture, or simply promises not to torture, have raised substantial questions regarding the legality of this practice in international law. The main reason for this criticism is that this practice is mitigation on the principle of non-refoulement to torture, as the most prominent norm of customary international law or jus cogens. This article investigates the origin and nature of this practice and discovers how security concerns of states in the aftermath of the 9/11 attacks and the global war on terror have brought diplomatic assurances into the spotlight more than ever. Thereafter, by critically analysing the existing case law encompassing diplomatic assurances for expulsion to torture, this article suggests that a more structured framework, perhaps something similar to treaties, is needed in order to strengthen the enforcement and monitoring mechanisms of promises not to torture.
Original languageEnglish
JournalFinnish yearbook of international law
Volume24
Pages (from-to)51–74
Number of pages24
ISSN0786-6453
DOIs
Publication statusPublished - 11 Jan 2018
MoE publication typeA1 Journal article-refereed

Fields of Science

  • 513 Law
  • International Law
  • Human Rights Law
  • Refugee Law
  • Extradition Law

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