Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 62
Paragraph- Paragraph text
- Under the Convention the prohibition and prevention of torture and other ill-treatment will apply at all times, including in situations of armed conflict and concurrently with applicable norms of international humanitarian law. This is evidenced by textual aspects of the Convention that explicitly address armed conflict and military activities, according to which no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture, as well as aspects of its negotiating history (E/CN.4/1984/72). International human rights law remains applicable during armed conflict and the protection offered under human rights law does not cease during hostilities (without prejudice to the application of the lex specialis rule under appropriate circumstances). In addition, the humane treatment requirements under the Convention and international humanitarian law are substantially equivalent, both prohibiting torture and other ill-treatment in international and non-international armed conflicts, with common article 3 of the Geneva Conventions of 12 August 1949 constituting a minimum baseline of protections applicable at all times, including during non-international armed conflicts. The Special Rapporteur contends that the universal legal regime for the prohibition and prevention of torture is indeed strengthened by the intersection of multiple subsystems and specialized regimes outlawing torture and other ill-treatment. Torture constitutes a grave breach of the Geneva Conventions, a violation of common article 3 and a violation of customary international humanitarian law. Under international criminal law, torture can also constitute a crime against humanity or an act of genocide.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Paragraph type
- Other
- Paragraph number
- 62
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