United Nations Convention Against Torture and its Optional Protocol 24 defined in article 1’. The distinction between torture and other forms of ill-​treatment, all of which are absolutely prohibited under Article 7 CCPR and other international and regional treaty provisions as well as customary international law, was introduced because some of the specific State obligations laid down in the CAT, above all the obligation to punish the perpetrators of torture by means of domestic criminal law, were meant to apply to torture only. While there have been different approaches regarding how to differentiate torture and other ill-​treatment—​either by the severity of pain or the purpose of the conduct—​there is an increasing consensus that purpose constitutes the relevant distinguishing criterion. Additionally, powerlessness has become a significant criterion to distinguish between torture and other forms of ill-​treatment. 2  The main elements of the definition of torture are the following: • • • • involvement of a public official; infliction of severe pain or suffering; intention; specific purpose 3 As with any legal definition, many questions of interpretation arise which will be addressed on the basis of the travaux préparatoires, reservations and declarations of States parties, information provided in State reports, the practice of the Committee and other relevant monitoring bodies, legal literature, and other sources. Beside the discussions on how to distinguish torture from other forms of ill-​treatment and the meaning of powerlessness, the interpretation of the lawful sanctions clause has been particularly controversial. 2.  Travaux Préparatoires 2.1 Chronology of Draft Texts 4  Declaration (9 December 1975)1 Article 1 1 . For the purposes of this Declaration, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining from him or a third person information or confession, punishing him for an act he has committed or is suspected of having committed, or intimidating him or other persons. It does not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions to the extent consistent with the Standard Minimum Rules for the Treatment of Prisoners. 2 . Torture constitutes an aggravated and deliberate form of cruel, inhuman or degrading treatment or punishment. 5  IAPL Draft (15 January 1978)2 Article II For the purposes of this Convention, torture is any conduct by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person by or at   GA Res 3452 (XXX) of 9 December 1975.  Draft Convention for the Prevention and Suppression of Torture Submitted by the International Association of Penal Law (1978) UN Doc E/​CN.4/​NGO/​213. 1 2 Zach