Article 2. Obligation to Prevent Torture 93 non-​derogation clause, there was little discussion during the drafting of this provision. Although the French delegation wished to delete the reference to internal political instability because of its unclear meaning in international law,159 this phrase remained in the final text. But the different examples are not exhaustive and only serve the purpose of illustrating what is meant by exceptional circumstances.160 61  Although Article 2(2) does not use the term ‘derogation’, its purpose is clearly to prohibit any derogation which might justify torture. Article 2(2) follows in this respect the examples of regional human rights treaties, such as Article 15(1) ECHR (‘war or other public emergency threatening the life of the nation’) and Article 27 ACHR (‘war, public danger, or other emergency that threatens the independence or security of a State Party’), whereas Article 4(1) CCPR only speaks of a ‘public emergency which threatens the life of the nation’ without giving any examples. Since Article 2(2) CAT, in contrast to Article 4(1) CCPR, does not authorize but prohibit any derogation, the scope of application of the terms ‘exceptional circumstances’ or ‘any other public emergency’ is not relevant and, therefore, only of a declaratory nature. 62  The Committee has confirmed repeatedly that no exceptional circumstances whatsoever may be invoked by States parties to justify acts of torture, including political instability, terrorist acts, violent crime, or armed conflict.161 Referencing its statement made in relation to the September 11, 2001 attacks, the Committee also specified in its General Comment No. 2 that Article 2 obligations, as well as Articles 15 and 16 are provisions that ‘must be observed in all circumstances’.162 In this respect, the legal opinion of the Bush administration, as illustrated in the infamous ‘Bybee Memorandum’ of 1 August 2002, which implies that outside the territory of the United States acts of torture in the context of the ‘war on terror’ might be justified as an act of ‘self-​defence’,163 clearly contradicts the obligation of the United States under Article 2(2) CAT. 63  The Committee has repeatedly recommended to States parties to introduce in its legislation that no exceptional circumstances may be invoked as a justification for torture.164 The Committee has also absolutely rejected ‘any efforts by States to justify torture and ill-​treatment as a means to protect public safety or avert emergencies . . .’ and ‘any religious or traditional justification that would violate this absolute prohibition’.165 It has also emphasized that amnesties or all other obstacles to prompt and effective prosecution as well as punishment of perpetrators violate the principle of non-​derogability.166 64  In the inquiry procedure under Article 20 CAT, the Committee reminded the Government of Egypt of its obligations under Article 2(2) notwithstanding its legitimate efforts to combat terrorism. In this connection, the Government was urged to 160   See E/​CN.4/​1314 (n 6) para 54.   See also Boulesbaa (n 26) 79.   CAT/​C/​GC/​2 (n 1) para 5; CAT/​C/​MDG/​CO1 (n 82) para 8. 162   CAT/​C/​GC/​2 (n 1) para 6. See statement of 22 November 2001 in connection with the events of 11 September, A/​57/​44, paras  17–​18. 163   See US Department of Justice, Office of Legal Counsel, Memorandum for Alberto R Gonzales, Counsel to the President, dated 1 August 2002 (the ‘Bybee Memorandum’) 2ff cf Manfred Nowak, ‘What Practices Constitute Torture? US and UN Standards’ (2006) 28 Human Rights Quarterly 809. See also eg Louis-​ Philippe F Rouillard, ‘Misinterpreting the Prohibition of Torture under International Law: The Office of the Legal Counsel Memorandum’ (2005) 21(1) Am U Int’l L Rev 9. See also Robert K Goldman, ‘Trivializing Torture: The Office of Legal Counsel’s 2002 Opinion Letter and International Law Against Torture’ (2004) 12(1) Human Rights Brief 3. 164   CAT/​C/​MUS/​CO/​3 (n 73) para 9; CAT/​C/​RWA/​CO/​1 (n 69) para  9. 165   CAT/​C/​GC/​2 (n 1) para 2; CAT/​C/​MDG/​CO1 (n 82) para 11. 166   CAT/​C/​GC/​2 (n 1) para 5. Also see CAT/​C/​SEN/​CO/​3 (n 93) para 9. 159 161 Zach