b. Domestic Standards 196. Upon ratification of the ICCPR and the CAT, the United States entered a number of reservations and understandings focusing on the definition of torture or ill-treatment.327 These appear to imply that the United States considers itself bound by the definitions of these treaties only insofar as such definitions correspond to existing US legislation.328 Both the Human Rights Committee and the Committee against Torture have expressed concerns about these reservations and have requested their withdrawal.329 197. The definition of torture incorporated in the Torture Convention Implementation Act reflects the US reservations and understandings to the CAT. In the view of the United States, “in order to constitute torture, an act must be specifically intended to inflict severe physical or mental pain or suffering and that mental pain or suffering refers to prolonged mental harm caused by or resulting from: 1) the intentional infliction or threatened infliction of severe physical pain or suffering; 2) the administration or application, or threatened administration or application, of mind altering substances or other procedures calculated to disrupt profoundly the senses or the personality; 3) the threat of imminent death; or 4) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind altering substances or other procedures calculated to disrupt profoundly the senses or personality”.330 Moreover, the US position is that “the definition of torture in Article 1 [of the CAT] is intended to apply only to acts directed against persons in the offender's custody or physical control”331 and that “the term ‘acquiescence’ requires that the public official, prior to the activity constituting torture, [be aware] of such activity and thereafter breach his legal responsibility to intervene to prevent such activity”.332 The United States recently reaffirmed that its understanding of psychological torture remains limited to prolonged mental harm.333 In addition, the United States considers itself bound by the obligation to prevent cruel, inhuman or degrading treatment or punishment under Article 16 of the CAT only to the extent that such treatment corresponds to the “cruel, unusual and inhumane treatment or punishment” prohibited under the US Constitution.334 327 “U.S. reservations, declarations, and understandings to the International Covenant on Civil and Political Rights”, 138 Cong. Rec. S4781-01, 2 April 1992 (hereinafter, “US reservations to the ICCPR”), <http://www1.umn.edu/humanrts/usdocs/civilres.html>; “U.S. reservations, declarations, and understandings, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”, Cong. Rec. S17486-01, 27 October 1990 (hereinafter, “US reservations to the CAT”), <http://www1.umn.edu/humanrts/usdocs/tortres.html>. 328 UN HRC, Concluding observations, United States of America, CCPR/C/79/Add.50, 6 April 1995, para. 279, <http://www1.umn.edu/humanrts/usdocs/hrcuscomments.html>. 329 Ibid., paras. 279, 292, noting, for instance, that the HRC believes reservations to Article 7 of the ICCPR “to be incompatible with the object and purpose of the [ICCPR]” and recommending their withdrawal; and UN CAT, Conclusions and recommendations of the Committee against Torture, United States of America, CAT/C/USA/CO/2, op. cit., note 107, para. 40, reiterating its previous recommendation that the United States withdraw its reservations, declarations and understandings to the CAT. See, also UN CAT, Concluding observations on the combined third to fifth periodic reports of the United States of America, op. cit., note 107, para. 9. 330 US reservations to the CAT, op. cit., note 327, para. II(1)(a). 331 Ibid., para. II(1)(b). 332 Ibid., para. II(1)(d). 333 UN CAT, Third to fifth periodic reports of States parties due in 2011, United States of America, op. cit., note 162, para. 12; UN CAT, Concluding observations on the combined third to fifth periodic reports of the United States of America, op. cit., note 107, para. 9. 334 US reservations to the CAT, op. cit., note 327, para. I(1). 82