المسؤولية الدولية عن جريمة التعذيب النفسي

Abstract

Psychological

torture is a widespread phenomenon nowadays, used as a means to harm others or to force them to do something or confess to a particular matter. Therefore, there must be accountability for those who commit this crime, whether the responsibility lies with individuals or the state. International criminal responsibility is indeed significant in the field of human rights. The Committee Against Torture of the United Nations, in its General Comment No. 2 of 1997, asserts that states bear full responsibility for the actions of their officials and others, including all agents and private contractors, and anyone acting on behalf of the state, performing actions in its name, or even under its directives and the directives of its officials. Regarding individual responsibility, the concept of individual responsibility has developed legally and judicially in international law after the developments following World War II, where natural persons became criminally responsible, whereas international law previously recognized only the international responsibility of states.There are obstacles to addressing this crime, whether objective or personal. Objective obstacles are among the most significant hindrances to the implementation and application of international criminal responsibility, whether for individuals or states. These obstacles are objective in nature, distinct from the personal aspects of the perpetrator, such as identifying the competent judiciary, the difficulty of proving the commission of psychological torture, and the difficulty of determining the damages resulting from this crime.On the other hand, all national crimes face many personal obstacles that hinder the enforcement and activation of criminal responsibility on the perpetrators. Similarly, this applies to international crimes, including the crime of psychological torture. These personal obstacles include impediments to responsibility, international immunities, and the failure to extradite perpetrators of psychological torture