This paper examines the contradiction between statements from well-respected sources regarding customary international law as it bears on torture and the actual behavior of states as to torture. It does so by focusing on one state, India. The purpose of the paper is both to make clear the conflict between state behavior and rules that are supposed to be law and to reflect on some of the implications of and conundrums raised by this situation. This paper will discuss the claim that prohibitions against torture and violations of human rights are a part of customary international law, suggesting that they are not, nor should they be.
Weisburd, A. Mark
"Customary International Law and Torture: the Case of India,"
Chicago Journal of International Law:
1, Article 6.
Available at: https://chicagounbound.uchicago.edu/cjil/vol2/iss1/6