Preventive Torture from the Perspective of the Prohibition of torture and Human Dignity Rules

The prohibition of torture as an independent crime in international law is Jus Cogens based on which states should not only avoid the issuance of permission or participation in the commission of this crime, but also prevent its occurrence. Over the past two decades, some states including the United States, especially in the war on terrorism, on the pretext of defending national security and protecting the lives of innocent people, have relied on a particular type of torture as preventive torture and have justified their actions under the self-defense and necessity. In the light of the examination of the performance of some states, this article, employing a descriptive-analytical method, examines the legitimacy of preventive torture from the point of view of the international Human Rights law. The results of the study unveil the commission of this crime is unjustifiable and is contrary to two fundamental rules of the absolute prohibition of torture and the respect for human dignity and, accordingly, leads to individual and state responsibility.