CHAPTER I RELEVANT INTERNATIONAL LEGAL STANDARDS 5. As the Special Rapporteur on the question of torture, Nigel Rodley, has stated: 1. The right to be free from torture is firmly established under international law. The Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment all expressly prohibit torture. Similarly, several regional instruments establish the right to be free from torture. The American Convention on Human Rights, the African Charter on Human and Peoples’ Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms all contain express prohibitions of torture. A. The prohibition of torture or other ill-treatment could hardly be formulated in more absolute terms. In the words of the official commentary on the text by the International Committee of the Red Cross (ICRC), no possible loophole is left; there can be no excuse, no attenuating circumstances.6 6. A further link between international humanitarian law and human rights law is found in the preamble to Protocol II, which itself regulates non-international armed conflicts (such as fully-fledged civil wars), and which states that: “… international instruments relating to human rights offer a basic protection to the human person.”7 International humanitarian law 2. The international treaties governing armed conflicts establish international humanitarian law or the law of war. The prohibition of torture under international humanitarian law is only a small, but important, part of the wider protection these treaties provide for all victims of war. The four Geneva Conventions of 1949 have been ratified by 188 States. They establish rules for the conduct of international armed conflict and, especially, for the treatment of persons who do not, or who no longer, take part in hostilities, including the wounded, the captured and civilians. All four conventions prohibit the infliction of torture and other forms of ill-treatment. Two Protocols of 1977, additional to the Geneva Conventions, expand the protection and scope of these conventions. Protocol I (ratified to date by 153 States) covers international conflicts. Protocol II (ratified to date by 145 States) covers non-international conflicts. B. 7. The United Nations has sought for many years to develop universally applicable standards to ensure adequate protection for all persons against torture or cruel, inhuman or degrading treatment. The conventions, declarations and resolutions adopted by the Member States of the United Nations clearly state that there may be no exception to the prohibition of torture and establish other obligations to ensure protection against such abuses. Among the most important of these instruments are the Universal Declaration of Human Rights,8 the International Covenant on Civil and Political Rights,9 the Standard Minimum Rules for the Treatment of Prisoners,10 the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Declaration on the Protection against Torture),11 the Code of Conduct on 3. More important to the purpose here, however, is what is known as “Common Article 3”, found in all four conventions. Common Article 3 applies to armed conflicts “not of an international character”, no further definition being given. It is taken to define core obligations that must be respected in all armed conflicts and not just in international wars between countries. This is generally taken to mean that no matter what the nature of a war or conflict, certain basic rules cannot be abrogated. The prohibition of torture is one of these and represents an element common to international humanitarian law and human rights law. 4. The United Nations 6 N. Rodley, The Treatment of Prisoners under International Law, 2nd ed. (Oxford, Clarendon Press, 1999), p. 58. 7 Second preambular paragraph of Protocol II (1977), additional to the Geneva Conventions of 1949. 8 General Assembly resolution 217 A (III) of 10 December 1948, art. 5; see Official Records of the General Assembly, Third Session (A/810), p. 71. 9 Entered into force on 23 March 1976; see General Assembly resolution 2200 A (XXI), of 16 December 1966, annex, art. 7; Official Records of the General Assembly, Twenty-first Session, Supplement No. 16 (A/6316), p. 52, and United Nations, Treaty Series, vol. 999, p.171. 10 Adopted on 30 August 1955 by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders. 11 General Assembly resolution 3452 (XXX) of 9 December 1975, annex, arts. 2 and 4; see Official Records of the General Assembly, Thirtieth Session, Supplement No. 34 (A/10034), p. 91. Common Article 3 states: ... the following acts are and shall remain prohibited at any time and in any place whatsoever... violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; ... outrages upon personal dignity, in particular humiliating and degrading treatment... 3