PREVENTION AND CONFLICT

Enabling Torture: International Law Applicable to State Participation in the Unlawful Activities of Other States

This briefing paper sets out the scope of legal obligations of States concerning human rights violations perpetrated by the U.S. in its “War on Terror.” The briefing paper looks at the obligations of States that are both independent of, and in addition to, those which bind the U.S. It primarily deals with international human rights law and does not address regional or domestic arrangements.

The full nature and extent of other States’ involvement in U.S. actions in its “War on Terror” is the subject of continuing revelation and investigation, both in individual countries and within regional frameworks, such as the European Union. How this involvement violates a State’s obligations under international human rights law depends on the facts that emerge through these and future inquiries. Evidence of involvement per se will not automatically be a breach of a State’s obligations; some forms of involvement may properly be part of the State cooperation necessary to end terrorism. Involvement is prohibited when States seek assistance in using illegal means to combat terrorism. 

This briefing paper does not analyze in detail how the practices of the U.S. violate international human rights norms. This is a topic that the Center for Human Rights and Global Justice has addressed in other work. Instead, this paper looks at the obligations of States that are both independent of, and in addition to, those which bind the U.S. The Briefing Paper primarily deals with international human rights law and does not address regional or domestic arrangements.