Commentary As indicated above, torture and cruel, inhuman or degrading treatment or punishment is absolutely prohibited at international law under any circumstances. The prohibition on torture and other cruel, inhuman or degrading treatment or punishment is a rule of customary international law and, as such binding on all states. The prohibition on torture is a peremptory norm or jus cogens. This is a norm accepted and recognised by the international community of states as a norm from which no derogation is permitted. It can be modified only by a subsequent norm of general international law having the same character.30 In addition, Article 7 of the International Covenant on Civil and Political Rights (ICCPR)31 and Article 5 of the Universal Declaration of Human Rights (UDHR)32 both prohibit torture and cruel, inhuman or degrading treatment or punishment in the following terms: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. The four Geneva Conventions of 194933 and the two Additional Protocols of 197734 (relating to armed conflict) also prohibit torture and related practices. Torture, under Article 1 of the Convention Against Torture (CAT),35 is defined as being:36 30 Article 53, Vienna Convention on the Law of Treaties. Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 23 March 1976. 32 Adopted and proclaimed by General Assembly resolution 217A(III) of 10 December 1948. 33 The four humanitarian treaties known as the “Geneva Conventions” are: Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field; Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea; Convention relative to the Treatment of Prisoners of War; Convention relative to the Protection of Civilian Persons in Time of War. 34 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts; and Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts. 35 Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December 1984, entry into force 26 June 1987. 31 54