Torture: in terms of human rights point of view of international humanitarian law

Abstract

In seeking to define torture in International Humanitarian Law, I have turned to the definition of torture contained in the UN Convention against Torture for guidance: "Article 1.1 For the purposes of this Convention, torture means any act by which severe pain or suffering whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third persona information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third persona, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent of acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions." International Human Rights Law, defines Human Rights are the rights that all people have by virtue of being human, are derived from the inherent dignity of the human person, and enshrined in the Universal Declaration of Human Rights & other international legal instruments. International Humanitarian Law is a set of rules which seek to limit the effects of armed conflict on civilians through protection of those who are not, or are no longer, taking part in fighting: civilians, religious/medical military personnel, prisoners of war, restrictions on the means and methods of warfare, i.e., weaponry and tactics. The four International Agreements-Geneva Conventions- (1864, 1906, 1929, 1949), and the two additional Protocols (1977) are the principal legal instruments for the International Humanitarian Law.

Key Words: Torture; state actors; International Human Rights; International Humanitarian Law.

DOI: http://dx.doi.org/10.5377/rct.v0i6.512

Revista Ciencia y Tecnología, No. 6, Segunda época, junio 2010: 55-79