Domestic Violence as Torture

A Good Idea but a Complex Reality

Abstract

Domestic violence against women is a far-reaching and widespread phenomenon. The main idea underlying this work is that domestic violence (in its extreme forms) should be considered within the international criminal framework for torture. In particular, the work explores how through the notion of acquiescence provided for in Art. 1 of the UN Convention against Torture, the state and its agents can be held responsible in cases of domestic violence. While acquiescence represents a powerful notion to allow for the application of the torture criminal definition to domestic violence, the practicalities of such an approach are complex, with many questions left unanswered. Ultimately, the root obstacle to a smooth application of Art. 1 to instances of domestic violence is not the state requirement provided for in the definition, but rather the sui generis nature of the UN Torture Convention.