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 person, or for any reason based on discrimination of any kind…”. The legislative history of the Convention indicates that the list of purposes was meant to be “indicative” rather than “all-inclusive”.48 The use of the words “for such purposes” also indicates that the various listed purposes do not constitute an exhaustive list, and should be regarded as merely illustrative. The ICTY has distinguished acts of torture from other acts causing physical and mental suffering; “The offence of wilfully causing great suffering or serious injury to body or health is distinguished from torture primarily on the basis that the alleged acts or omissions need not be committed for a prohibited purpose such as is required for the offence of torture.”49 II. INDIVIDUAL ANALYSIS OF ARTICLES 1–16 OF THE CONVENTION 2. ANALYSIS OF SUBSTANTIVE PROVISIONS In other words, the distinction between torture and other related offences is the purpose, if any, for which the suffering or serious injury is caused.50 However, ill-treatment not inflicted for any of the prohibited purposes may amount to cruel, inhuman, or degrading treatment or punishment as prohibited by Article 16 of the Convention. 28 The distinction between acts of torture and acts of assault or cruel, inhuman, or degrading treatment is critical, because under the Convention the State Party is obliged to establish its jurisdiction over acts of torture and either prosecute or extradite those suspected of committing such acts.51 There is no requirement that the conduct be effected solely for a prohibited purpose. Thus, in order for this requirement to be met, the prohibited purpose must simply be part of the motivation behind the conduct and need not be the predominating or sole purpose.52 Instigation The term “instigation” means incitement, inducement, or solicitation and as such it requires the direct or indirect involvement and participation of a public official in the act of torture in order to give rise to State responsibility and the application of Article 1. Public official The definition of torture in Article 1 is very closely tied to the idea of torture — and inhuman and degrading treatment— being a purposive official act53 This is a reflection of the problem which the Convention is meant to address, namely that of torture in which the authorities of a country are themselves involved and