193. International standards on the prohibition of torture and ill-treatment impose a number of obligations on states. First, states are obliged to ensure that no branch of government adopt any measure, whatever its nature, which would authorize or condone acts of torture or illtreatment.318 Further, they are required to criminalize acts of torture in their domestic legislation.319 In this regard, it is essential that the domestic definition of torture incorporate all the fundamental elements of the CAT definition to ensure that no conduct amounting to torture can go unpunished.320 194. Complicity or participation in acts of torture must also be punishable under domestic law,321 and encompass conduct such as incitement, instigation, and superior orders, as well as instructions, consent, acquiescence and concealment.322 As will be explored further in Part 3-II-A of this report, it is vital to ensure the accountability of both perpetrators of acts of torture as well as superior officials who knew, or should have known, that torture was inflicted by personnel under their command.323 Additionally, states are responsible when they “knowingly engage in, render aid to or assist in the commission of internationally wrongful acts” such as torture, enforced disappearances or arbitrary detention.324 There can be no immunity for authors, co-authors or accomplices of torture.325 195. The prohibition of torture and ill-treatment is also guaranteed under international humanitarian law. It is a norm of customary international humanitarian law enshrined in Common Article 3, Article 75(2) of API and other specific provisions of the four Geneva Conventions, among others.326 54825/00, 5 April 2005, paras. 96-99, <http://hudoc.echr.coe.int/eng?i=001-68715>). The Court also concluded to the violation of the prohibition of torture when force-feeding had occurred in the absence of medical evidence that the life or health of the detainee was in serious danger but rather for the purpose of “[…] discouraging him from continuing his protest”, without respecting the relevant procedural safeguards and in manner that “unnecessarily exposed [the detainee] to great physical pain and humiliation” and therefore amounted to torture (ECtHR, Ciorap v. Moldova, Application No. 12066/02, 19 June 2007, paras. 8283, 88-89, <http://hudoc.echr.coe.int/eng-press?i=001-81136>). 318 UN Special Rapporteur on torture, Interim report to the General Assembly, A/59/324, op. cit., note 284, para. 15. 319 CAT, Art. 4. 320 UN CAT, General Comment No. 2, op. cit., note 76, paras. 8-9; UN Special Rapporteur on torture, “Study on the phenomena of torture”, op. cit., note 283, para. 48. 321 CAT, Art. 4; UN Special Procedures, “Joint study on global practices in relation to secret detention”, op. cit., note 109, para. 39. 322 UN Special Procedures, “Joint study on global practices in relation to secret detention”, ibid., para. 39; UN Special Rapporteur on torture, “Study on the phenomena of torture”, op. cit., note 283, para. 142. 323 UN Special Rapporteur on torture, “Study on the phenomena of torture”, ibid. 324 UN Special Rapporteur on human rights and counter-terrorism, Report to the Human Right Council, A/HRC/10/3, op. cit., note 131, para. 53; “Draft articles on responsibility of States for internationally wrongful acts”, International Law Commission, 12 December 2001, Art. 16, <http://www.un.org/Docs/journal/asp/ws.asp?m=A/RES/56/83>. 325 UN Special Rapporteur on torture, Interim report to the General Assembly, A/59/324, op. cit., note 284, para. 15. For more details on the obligation of states to hold perpetrators, co-authors and accomplices of torture accountable, see Part 3-II-A of this report. 326 These include: Third Geneva Convention, Arts. 17(4), 87(3), 89; Fourth Geneva Convention, Art. 32; APII, Art. 4(2). Article 72 of API further makes it clear that the guarantees set out in the Protocol are additional to “other applicable rules of international law relating to the protection of fundamental human rights during international armed conflict”, which must be taken to include the prohibition of torture and ill-treatment. 81