Question
Goliath, a UN member State and a state party to the International Covenant on Civil and Political Rights (ICCPR), is accused by several human rights
Goliath, a UN member State and a state party to the International Covenant on Civil and Political Rights (ICCPR), is accused by several human rights NGOs of breaching the prohibition of torture. The government of Goliath denies these accusations and states that: (i) the interrogation techniques used by the Goliath authorities do not amount to torture within the meaning of the ICCPR; and (ii) Goliath is presently at war with State Pack, a neighbouring State and has proclaimed a state of emergency, accordingly it is line with the ICCPR temporarily not obliged to uphold the prohibition of torture. With reference to the Goliath States' first argument regarding the precise meaning of torture and the scope of the torture prohibition: (a) Explain what rules of public international law apply to questions of interpretation of treaty provisions; and (b) Assess the legal validity of the Government's second argument regarding the state of emergency.
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