Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 73
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International human rights norms prohibiting torture and ill-treatment and mandating their prevention are applicable even in wartime and operate concurrently and complementarily with applicable laws of war norms. The Special Rapporteur calls upon States to implement international humanitarian law obligations that are more protective than those under the Convention against Torture, such as the "overall control" test and the broadened definition of torture that omits the public official requirement.
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Non-negotiated soft law
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Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment