Human Rights and State Immunity: Is there Immunity from Civil Liability for Torture?

Extract

It is unlikely that anyone would seriously reject the notion that the prohibition on torture has reached the status of a jus cogens norm in international law. On the contrary, the weight of authority in favour of this status is overwhelming. However, the effect in international law of a jus cogens norm, and of the norm which prohibits torture in particular, has yet to be fully worked out. The differences between the majority and minority judgments of the European Court of Human Rights in Al-Adsani v. the United Kingdom are urgent reminders of the uncertainty of litigation in areas of human rights law whose norms are the subject of seemingly overwhelming moral imperatives.