Aug 02, 2023
New Chapter "Ex iniuria ius oritur? – Norm Change and Norm Erosion of the Prohibition of Torture"
In the new Chapter "Ex iniuria ius oritur? – Norm Change and Norm Erosion of the Prohibition of Torture" in the book "Tracing Value Change in the International Legal Order" by Andrea Liese und Heike Krieger (eds.) which examines the value change of fundamental norms analyzing various case examples, Prof. Dr. Dominik Steiger discusses the prohibition of torture from the perspective of international law. He assesses whether the prevalent practice of torture in the context of counter-terrorism has undermined the prohibition. Employing treaty law and customary international law - the traditional sources of international law -, he concludes that the value of the prohibition of torture is robust and resilient. Thus, pure non-compliance does neither lead to norm change nor to norm erosion.