inhumane treatment, and the unlawful deportation or transfer of protected persons, including civilians, as “grave breaches” or war crimes under the convention.18 Article 3, common to all of the Geneva Conventions, applies to detained civilians in internal conflict and prohibits cruel treatment, torture, and “outrages against personal dignity, in particular humiliating or degrading treatment.”19 Although Common Article 3 does not expressly address the transfer of detainees, the prohibition against inhumane treatment applies “in all circumstances” and “at any time and in any place whatsoever.”20 Common Article 3 is taken as a de minimus standard that states the customary international law imperative of humane treatment in all situations of conflict, even those that might arguably fall short of the threshold of the Geneva Conventions and their Protocols.21 Customary International Law The prohibition against torture and ill-treatment has risen to the level of jus cogens, that is, a peremptory norm of international law. As such it is considered part of the body of customary international law that binds all states, whether or not they have ratified the 18 Article 147 states that “Grave breaches…shall be those involving any of the following acts, if committed against persons or property protected by the present Convention; willful killing, torture or inhumane treatment, including biological experiments, willfully causing great suffering or serious injury to body or to health, unlawful deportation or transfer or unlawful confinement of a protected person…” 19 Ibid. Article 3 reads: In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular humiliating and degrading treatment… 20 Ibid. 21 Jean S. Pictet, ed. Commentary: IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Geneva: International Committee of the Red Cross, 1958), Art. 3.1.A, p. 36: Does this mean that Article 3 is not applicable in cases where armed strife breaks out in a country, but does not fulfil any of the above conditions…? We do not subscribe to this view. We think, on the contrary, that the scope of application of the article must be as wide as possible….What Government would dare to claim before the world, in a case of civil disturbances which could justly be described as mere acts of banditry, that, Article 3 not being applicable, it was entitled to leave the wounded uncared for, to torture and mutilate prisoners and take hostages? See also, Association of the Bar of the City of New York and Center for Human Rights and Global Justice at NYU School of Law, Torture by Proxy: International and Domestic Law Applicable to “Extraordinary Renditions,” October 2004, p. 65 and fn. 355, sources cited therein [online] http://www.abcny.org/pdf/report/Torture%20by%20Proxy%20-%20Final%20(PDF).pdf (retrieved March 9, 2005) HUMAN RIGHTS WATCH VOL. 17 NO. 4(D) 12