The normative value of the Istanbul Protocol
tive source that identifies specific legal obligations stemming
from the prohibition against torture.
In addition, the normative value of the Istanbul Protocol
has been affirmed through its application by international
bodies (universal and regional), as well as by domestic judiciaries interpreting the scope of the conventions against torture.
Because these bodies possess the authority to interpret their
respective conventional and legal obligations, their application of the Protocol confirms its nature as a normative and authoritative set of rules. As such, the Protocol’s legal character
is tantamount to a treaty obligation or a domestic norm.
Moreover, the comprehensive practice that has developed
through states’ and international organs’ application of the
Istanbul Protocol constitutes a solid foundation upon which
to assert that the Protocol has become customary international law. Generally speaking, customary law results from state
behaviour undertaken with the understanding that such behaviour is required as a matter of law. Again, the elements previously identified concerning interpretation and application
by international organs and domestic judiciaries further supports this view.
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