Definitions of torture
is generally defined as deliberately inflicting "severe pain or suffering" on a prisoner, but exactly what this means in practice is disputed.
International level
UN Convention Against Torture
The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which is currently in force since 26 June 1987, provides a broad definition of torture. Article 1.1 of the UN Convention Against Torture reads:This definition was restricted to apply only to nations and to government-sponsored torture and clearly limits the torture to that perpetrated, directly or indirectly, by those acting in an official capacity, such as government personnel, law enforcement personnel, medical personnel, military personnel, or politicians. It appears to exclude:
- torture perpetrated by gangs, hate groups, rebels, or terrorists who ignore national or international mandates;
- random violence during war; and
- punishment allowed by national laws, even if the punishment uses techniques similar to those used by torturers such as mutilation, whipping, or corporal punishment when practiced as lawful punishment. Some professionals in the torture rehabilitation field believe that this definition is too restrictive and that the definition of politically motivated torture should be broadened to include all acts of organized violence.
Declaration of Tokyo
This definition includes torture as part of domestic violence or ritualistic abuse, as well as in criminal activities.
Rome Statute of the International Criminal Court
The Rome Statute is the treaty that set up the International Criminal Court. The treaty was adopted at a diplomatic conference in Rome on 17 July 1998 and went into effect on 1 July 2002. The Rome Statute provides the simplest definition of torture regarding the prosecution of war criminals by the International Criminal Court. Paragraph 1 under Article 7 of the Rome Statute provides that:Inter-American Convention to Prevent and Punish Torture
The Inter-American Convention to Prevent and Punish Torture, which is in force since 28 February 1987, defines torture more expansively than the United Nations Convention Against Torture. Article 2 of the Inter-American Convention reads:Amnesty International
Since 1973, Amnesty International has adopted the simplest, broadest definition of torture. It reads:European Court of Human Rights
The UN Convention Against Torture and Rome Statute and the definitions of torture include terms such as "severe pain or suffering". The international European Court of Human Rights has ruled on the difference between what is inhuman and degrading treatment and what is pain and suffering severe enough to be torture.In Ireland v. United Kingdom the ECHR ruled that the five techniques developed by the United Kingdom, as used against fourteen detainees in Northern Ireland by the United Kingdom were "inhuman and degrading" and breached the European Convention on Human Rights, but did not amount to "torture". In 2014, after new information was uncovered that showed the decision to use the five techniques in Northern Ireland in 1971–1972 had been taken by British ministers. The Irish Government asked the ECHR to review its judgement. In 2018, by six votes to one, the Court declined.
In Aksoy v. Turkey the Court found Turkey guilty of torture in 1996 in the case of a detainee who was suspended by his arms while his hands were tied behind his back.
The Court's ruling that the five techniques did not amount to torture was later cited by the United States and Israel to justify their own interrogation methods, which included the five techniques.
The Court has ruled that every form of torture is strictly prohibited in all circumstances:
Municipal level
United States
U.S. Code § 2340
contains the definition of torture in 18 U.S.C. § 2340, which is only applicable to persons committing or attempting to commit torture outside of the United States. It reads:In order for the United States to assume control over this jurisdiction, the alleged offender must be a U.S. national or the alleged offender must be present in the United States, irrespective of the nationality of the victim or alleged offender. Any person who conspires to commit an offense shall be subject to the same penalties as the penalties prescribed for an actual act or attempting to commit an act, the commission of which was the object of the conspiracy.