4. RELATIONSHIP BETWEEN THE CONVENTION AND OTHER INSTRUMENTS OF INTERNATIONAL CRIMINAL LAW Rather than being a norm-setting human rights treaty along the lines of, for example, the International Covenant on Civil and Political Rights, the Convention against Torture belongs primarily to the category of international criminal law instruments. One may therefore ask how the Convention relates to other bodies of international criminal law which have jurisdiction over the crime of torture. The following section aims to provide a brief overview of the relationship between the Convention and other international criminal law instruments with jurisdiction over torture offences. III. THEMATIC SUMMARY OF SOME CENTRAL ISSUES PERTAINING TO THE CONVENTION 4. RELATIONSHIP BETWEEN THE CONVENTION AND OTHER INSTRUMENTS OF INTERNATIONAL CRIMINAL LAW 4.1. The Convention in Relation to the International Criminal Court 68 The International Criminal Court (ICC) will be a permanent Court trying individuals accused of committing genocide, war crimes, crimes against humanity, and, possibly in the future, the crime of aggression. The definition in the Rome Statute of the International Criminal Court (hereafter: “ICC Statute”) of the crimes is broadly consistent with that elaborated by international law, though the Statute also reflects some progressive development in defining certain crimes, notably gender-related offences.244 The crime of torture falls within the jurisdiction of the ICC when it is committed in the context of crimes against humanity, i.e. when it is committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack245. Torture, when it is committed in the context of crimes against humanity means: “…the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;”246 The term “war crimes” denotes grave breaches of the Geneva Conventions, namely, inter alia, torture or inhuman treatment of, including biological experiments upon, persons protected under the provisions of the relevant Geneva Convention in the context of armed conflict.247 Contrary to this definition of torture in the ICC Statute, the definition in the Convention against Torture is not concerned with the context in which the torture —as defined in Article 1 of the Convention— occurs. While the Convention against Torture is concerned with the establishment and exercise of jurisdiction over torture in national laws, the ICC will be an independent international body with jurisdiction over a range of the most serious interna-

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