Torture under International Criminal Law - Essay Example

Facts reveal that it can be committed at times of war and at peace, to a prisoner of war, a suspected civilian or a common criminal. It is defined in various international and regional laws, conventions and statutes in an attempt to curb its practice by numerous states. While originally covered in international 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 wit: “any act by which severe pain or suffering, 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 reason based 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 official 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 exist to be considered torture under the definition, which are: a) the act must be done with intent, b) there is extreme 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 strong young man and an old sickly person (Torture and Ill-Treatment n.d.). While ill-treatment is not properly defined in the conventions, case