2. LEGAL FRAMEWORK PROHIBITION OF TORTURE Under international law, the prohibition of torture and other cruel, inhuman or degrading treatment or punishment (other ill-treatment) is absolute and it applies to all circumstances, including in situations of armed conflict, during anti-terrorist operations, or other public emergency. The absolute prohibition is a rule of customary international law and a peremptory norm, meaning that every state is bound by it even if they are not party to particular treaties containing the prohibition; it cannot be overruled by states reaching agreements to the contrary. States are obligated not only to protect people from torture and other ill-treatment by public officials but also from similar acts by private individuals, groups and companies. All acts of torture constitute a crime under international law. States have obligations to bring to justice everyone responsible for any act of torture. Certain acts which constitute other cruel, inhuman or degrading treatment or punishment are also crimes under international law. By putting in place national legislation that recognizes the prohibition on the trade and use of intrinsically abusive equipment and weapons, and the additional obligation on states to adopt strict risk assessments based on human rights criteria on the transfer of legitimate law enforcement equipment, states will be helping to ensure fulfilment of their obligation to prohibit and prevent torture and other ill-treatment under international law. States are obligated not only to protect people from torture and other ill-treatment by public officials but also from similar acts by private individuals, groups and companies. All acts of torture constitute a crime under international law. 4 COMBATING TORTURE: THE NEED FOR COMPREHENSIVE REGULATION OF LAW ENFORCEMENT EQUIPMENT Amnesty International | Omega Research Foundation