the definition found in international humanitarian law, and not identical to the
definition of torture contained in the Convention against Torture.
The Convention does not establish a system of priority among States with jurisdiction.145 Instead, it leaves the decision with the State in whose territory a suspect is located whether to extradite the suspect to another State or to submit the
case to its authorities for the purpose of prosecution.
§ 3. In §3 it is made clear that Article 5 must not be interpreted so as to exclude
the application of any further ground of jurisdiction which may exist in domestic
law.146 In other words, the Convention does not prevent States Parties from
establishing a more extensive jurisdiction under criminal law according to
national legislation.147 However, other aspects of international law may impose
limitations on the right of States to exercise extended universal jurisdiction in
their national laws beyond the ambit of the Convention.148
II. INDIVIDUAL ANALYSIS OF ARTICLES 1–16 OF THE CONVENTION
2. ANALYSIS OF SUBSTANTIVE PROVISIONS
Article 6
42
1. Upon being satisfied, after an examination of information available to it,
that the circumstances so warrant, any State Party in whose territory a
person alleged to have committed any offence referred to in article 4 is
present shall take him into custody or take other legal measures to
ensure his presence. The custody and other legal measures shall be as
provided in the law of that State but may be continued only for such time
as is necessary to enable any criminal or extradition proceedings to be
instituted.
2. Such State shall immediately make a preliminary inquiry into the facts.
3. Any person in custody pursuant to paragraph I of this article shall be
assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national, or, if he is a stateless
person, with the representative of the State where he usually resides.
4. When a State, pursuant to this article, has taken a person into custody, it
shall immediately notify the States referred to in article 5, paragraph 1, of
the fact that such person is in custody and of the circumstances which
warrant his detention. The State which makes the preliminary inquiry
contemplated in paragraph 2 of this article shall promptly report its findings to the said States and shall indicate whether it intends to exercise
jurisdiction.
Features: Custody, other legal measures, preliminary inquiry, notification
Interpretation
§ 1. States Parties are not only obliged to establish jurisdiction for the crime of
torture by means of national legislation; they must actually ensure that alleged
offenders are handed over to the competent authorities for the purpose of pros-
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