subsequent norm of general international law having the same character, this is referred to as a peremptory norm or jus cogens (article 53, Vienna Convention on the Law of Treaties). • Customary international law and peremptory norms/jus cogens, are binding on all states regardless of whether they have ratified any of the relevant treaties including the ICCPR and CAT. (iii) whether the prohibition on torture and other forms of ill-treatment can be derogated from in certain circumstances. • The prohibition on torture and cruel, inhuman or degrading treatment or punishment cannot be derogated from in any circumstances. • This means that torture and cruel, inhuman or degrading treatment or punishment are absolutely prohibited, including in the context of war, countering terrorism or in dealing with any public emergency. They are also absolutely prohibited even when authorised by domestic legislation or by order of a superior. • It is a principle of international law that there shall be no impunity for perpetrators of torture and cruel, inhuman or degrading treatment or punishment. This means that there should be criminal responsibility imposed on the perpetrators of torture. • The establishment of a new regime does not eliminate the responsibility of the State to prosecute acts of torture. (iv) the nature and scope of procedural guarantees and other safeguards stipulated by international human rights law aimed at preventing acts of torture and other forms of ill-treatment. • There are various treaty-based requirements and evolving standards which establish procedural guarantees and other safeguards that may help prevent acts of torture and other 30