Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 17
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The absolute and non-derogable prohibition of torture and cruel, inhuman or degrading treatment or punishment has been codified in a wide range of universal and regional instruments 22 and today is universally recognized as a core principle of customary international law. 23 The prohibition of torture is also one of the few norms of customary international law that is universally recognized as having attained peremptory status (jus cogens). Furthermore, the prohibition of torture, cruel, humiliating and degrading treatment “at any time and in any place whatsoever” is also included in article 3 common to the Geneva Conventions of 12 August 1949, which the International Court of Justice has held to reflect a general principle of law, namely, “elementary considerations of humanity”.
Legal status
Non-negotiated soft law
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Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment