Article 1 of CAT60 defines the term ‘torture’ for the purposes of that Convention as follows: 1. For the purposes of this Convention, the term “torture” means 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. 2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application. The main elements of this definition are common to most definitions of “torture” and are: • the intentional infliction of severe pain or suffering; • the pain or suffering can be physical or mental; • it must be committed by persons exercising public authority; and • it must have a purpose, such as the obtaining of information or a confession, or the infliction of punishment, or be based on discrimination; but • such pain or suffering must not arise only from, or be inherent in or incidental to, lawful sanctions. However, under customary international law, outside of the scope of CAT, the involvement of a public official is not necessarily required. In Prosecutor v Kunarac, Kovac and Vukovic61 the ICTY stated the following: 146. The Torture Convention was addressed to States and sought to regulate their conduct, and it is only for that purpose and to that extent that the Torture Convention deals with the acts of individuals acting in an official capacity… 60 Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December 1984, entry into force 26 June 1987. 61 Prosecutor v Kunarac, Kovac and Vukovic (Appeals Chamber Judgment), Case No. IT-96-23-T and IT-9623/1-T (22 February 2001). 74