under Article 22 of CAT. State to state complaints under CAT may be made where the
relevant state has made a declaration under article 21.
•
The Committee against Torture can conduct inquiries on its own initiative (Article 20 of
CAT).
•
The UN Special Rapporteur on torture also has a mandate to monitor violations, including
in regard to states that are not parties to CAT.
(x)
the jurisdiction of national and international tribunals to consider cases of alleged
torture and other forms of ill-treatment by international intervention forces.
•
The concept of an ‘international intervention force’ has no formal legal meaning in
international law but may be understood as including the following kinds of intervention:
o
Forces authorised by the UN Security Council;
o
Forces authorised under bilateral, regional or multilateral agreements; and
o
Unauthorised unilateral, regional and multilateral use of force, whether as an act of
self-defence or illegal use of force.
•
When a force has UN Security Council authorisation, typically a peace keeping force, all
military personnel will be subjected to the UN Rules of Engagement, UN Code of Blue
Helmets, Standard Operating Procedures or bilateral Memoranda of Understanding.
•
While international humanitarian law applies to such military personnel, the UN
Convention on the Privileges and Immunities of 1946 may operate to prevent prosecution
within the territory.
•
The UN has established no rules on jurisdiction. The State of nationality of the accused
may apply its criminal laws extraterritorially to prosecute.
•
When an intervention force is authorised by agreement between the relevant state parties,
jurisdiction over crimes and acts will normally be determined under the terms of a Status
of Forces agreement. The state of nationality of the accused will invariably assert
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