Under Article 5 of the CONVENTION AGAINST TORTURE 1984 (CAT), each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences of torture in cases where:
Answer & Solution
Correct answer: C.
1. Article 5(1) CAT 1984: each State Party shall take such measures as may be necessary to establish its jurisdiction over offences of torture when: (a) the offence is committed in any territory under its jurisdiction; (b) the alleged offender is a national of that State; (c) the victim is a national of that State if it so considers appropriate.
2. Article 5(2): each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 — UNIVERSAL JURISDICTION.
3. Article 7 codifies AUT DEDERE AUT JUDICARE — 'extradite or prosecute'.
4. Pinochet case (UK House of Lords, 1999) applied universal jurisdiction for torture.
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / Geneva Conventions 1949 / ICJ Statute / UDHR ICCPR ICESCR — Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984, Articles 5 and 7_
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