Torture under International Criminal Law Essay Example | Topics and Well Written Essays - 5250 words

Torture under International Criminal Law - Essay ExampleFacts reveal that it chamberpot be committed at times of war and at peace, to a prisoner of war, a suspect civilian or a common criminal.It is defined in various external and regional laws, conventions and statutes in an attempt to curb its practice by numerous states. While originally covered in worldwide human rights and international humanitarian laws, a number of theorists relegated it to another branch international law that of international criminal law.The prominent definition of torture is embodied in section 1(1) of Convention Against Torture 1, to mastermind any act by which severe pain or ugly, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any cogitate b ased on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public appointed or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions (Torture and Ill-Treatment n.d., para. 4). Four elements must comprise to be considered torture under the definition, which are a) the act must be done with intent, b) there is thorough pain and suffering, c) done for the purpose of eliciting information or other objectives, and d) consented by a public official (Torture and Ill-Treatment n.d.). The second element poses issues and disagreement as to the determination of pain and suffering, being subjective to the victim (Torture and Ill-Treatment n.d.). The same degree of pain can produce different effects upon a blotto young man and an old sickly person (Torture and Ill-Treatment n.d.).While ill-treatment is not in goo d order defined in the conventions, case