The Semiotics of Torture: Provisions of International Law and its Implementation in Vietnam

Abstract

Torture is unequivocally prohibited under all circumstances, whether in peacetime, wartime, or during a state of national emergency. Any justification for the use of torture is indefensible under international law. The prohibition of torture constitutes a peremptory norm (jus cogens) of international law, binding upon all states that have ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). This paper examines the provisions of the CAT in relation to Vietnam’s legal framework governing the rights of the accused in criminal proceedings. The analysis reveals that Vietnam’s legal provisions lack the necessary clarity and specificity, contributing to the continued occurrence of torture coupled with an inaccurate statistical recording of such cases. To align more closely with the CAT and enhance the protection of human rights, this paper argues for the imperative need to strengthen Vietnam’s Penal Code and criminal procedure laws. Furthermore, the establishment of robust enforcement mechanisms is essential to ensuring compliance and effectiveness. The author recommends the development of a comprehensive legal framework dedicated to the protection of human rights and the formulation of strategic measures aimed at preventing torture.