A/72/178 III. Prohibition of torture and “other” cruel, inhuman or degrading treatment or punishment A. Status of the prohibition 17. The absolute and non-derogable prohibition of torture and cruel, inhuman or degrading treatment or punishment has been codified in a wide range of universal and regional instruments 22 and today is universally recognized as a core principle of customary international law. 23 The prohibition of torture is also one of the few norms of customary international law that is universally recognized as having attained peremptory status (jus cogens). Furthermore, the prohibition of torture, cruel, humiliating and degrading treatment “at any time and in any place whatsoever” is also included in article 3 common to the Geneva Conventions of 12 August 1949, which the International Court of Justice has held to reflect a general principle of law, namely, “elementary considerations of humanity”. 24 18. The absolute and non-derogable character of the prohibition entails that any use of force amounting to torture or other cruel, inhuman or degrading treatment or punishment is conclusively unlawful and cannot be j ustified under any circumstances, 25 whereas the peremptory character of the prohibition of torture means that any contradicting national administrative act or legislation, international agreement or judicial decision is automatically devoid of any legal eff ect. 19. States have a corollary obligation to take effective legislative, administrative, judicial or other measures to prevent acts of torture and cruel, inhuman or degrading treatment or punishment within their jurisdiction. 26 Wherever there is reasonable ground to believe that extra-custodial force amounting to torture or other cruel, inhuman or degrading treatment or punishment has been used, States have a duty to conduct a prompt and impartial investigation in order to ensure full accountability for any such act, including, as appropriate, administrative, civil and criminal accountability, and to ensure that victims receive adequate redress and rehabilitation . 27 __________________ 22 23 24 25 26 27 17-12326 See, inter alia, the International Covenant on Civil and Political Rights, art. 7; the European Convention on Human Rights, art. 3; the American Convention on Human Rights, art. 5; the African Charter on Human and Peoples’ Rights, art. 5; the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1975; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984; the Inter-American Convention to Prevent and Punish Torture of 1985; and the Rome Statute of the International Criminal Court, art. 7. See also the prohibition of torture in the Geneva Conventions of 12 August 1949 and the Additional Prot ocols thereto of 1977. See International Court of Justice, Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo), Judgment of 30 November 2010, 50 ILM 37 (2011), para. 87; International Court of Justice, Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal), Judgment of 20 July 2012, para. 99; Human Rights Council resolution 8/8; and General Assembly resolution 70/146. International Court of Justice, Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), ICJ Reports 1986, pp. 14 and 112, with reference to International Court of Justice, Corfu Channel case (United Kingdom of Great Britain and Northern Ireland v. Albania), ICJ Reports 1949, pp. 4 and 22. See Human Rights Committee, general comment No. 20 (1992) on the prohibition of torture or other cruel, inhuman or degrading treatment or punishment, para. 3; and Council of Europe, Guidelines on human rights and the fight against terrorism (Strasbourg, Council of Europe Publishing, 2002), art. IV. Convention against Torture, arts. 2 and 16. Ibid., arts. 4-9 and 12-14. On positive obligations, see also Association for the Prevention of Torture and Centre for Justice and International Law, Torture in International Law: a guide to jurisprudence (Geneva, 2008); and Human Rights Committee, general comment No. 31 (2004) on the nature of the general legal obligation imposed on States pa rties to the Covenant, paras. 6-8. 9/24