because the punishment has been authorised in a procedurally legitimate manner, i.e. through the sanction of legislation, administrative rules, or judicial order. “To accept this view would be to accept that any physical punishment, no matter how torturous and cruel, can be considered lawful, as long as the punishment had been duly promulgated under the domestic law of a State. Punishment is, after all, one of the prohibited purposes of torture.” 64 Minimum standard § 2. This paragraph makes it clear that the definition of torture in no way affects the protection which can be derived from other international instruments or from national legislation of wider application. In other words, insofar as other international instruments or national laws give the individual better protection, he or she is entitled to benefit from it; however, other international instruments or national law can never restrict the protection which the individual enjoys under the Convention. II. INDIVIDUAL ANALYSIS OF ARTICLES 1–16 OF THE CONVENTION 2. ANALYSIS OF SUBSTANTIVE PROVISIONS Article 2 30 1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. 2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. 3. An order from a superior officer or a public authority may not be invoked as a justification of torture. Features: Prevention, non-derogability, no justification on the basis of superior orders Interpretation § 1. This paragraph imposes a general, but basic obligation on States Parties to take effective measures to prevent torture. The character of these measures is left to the discretion of the States concerned, but it includes making whatever changes are necessary in order to harmonise their internal order with international standards on prevention. The Article raises the question of whether States are required to adopt these measures before or upon ratification, or whether they are allowed a certain period of time during which they may invoke their national law against the Convention. The question was not discussed in the preparatory work, and therefore must be answered by reference to State practice and general principles of international law.65