Chapter 10 The Absolute Prohibition of Torture, Inhuman and Degrading Treatment or Punishment Evidence Collection, Interrogation Techniques and Conditions and Circumstances of Detention There are extensive OSCE commitments outlawing torture and its practice under any circumstances. For example: the participating States reaffirm their commitment to prohibit torture and other cruel, inhuman or degrading treatment of punishment and take effective legislative, administrative, judicial and other measures to prevent and punish such practices […] stress that no exceptional circumstances whatsoever, whether a state of war or threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture […] (1990 Copenhagen Document) T he prohibition of torture is treated as a pre-emptory norm of international law (ius cogens) and is a non-derogable right. This means that it is accorded the highest status of law in the international legal order and the prohibition of torture applies universally. The need to protect against torture in international human rights law is not disputed. There are specific treaties in the UN and at the Council of Europe level that protect against it (such as the Convention against Torture). Similarly, torture committed as part of a widespread or systematic attack against civilians is a crime against humanity, as identified by the International Criminal Court. Protection against torture, inhuman or degrading treatment or punishment is an essential element of human rights standards. As set out in international instruments, it can never be possible to justify subjecting someone to torture or inhuman or degrading treatment or punishment − even in war or national emergency. Counter-terrorism operations cannot, therefore, ever justify the use of treatment and punishment that could be characterized as torture and/or inhuman or degrading treatment. Since 11 September 2001, the prohibition of torture in combating terrorism has been much discussed. Issues have been raised in a number of countries concerning the extent to which their counter-terrorism strategies comply with the absolute prohibition. This has been particularly relevant in the context of interrogation techniques, evidence collection and circumstances of detention. Fully understanding the absolute prohibition is essential for designing a counter-terrorism strategy that complies with human rights requirements. 114 Countering Terrorism, Protecting Human Rights