Part I Prohibition of torture: The legal background Although they are not strictly human rights treaties, the Geneva Conventions, which apply in times of armed conflict, also contain a clear and unambiguous prohibition of torture in their common article 3. The Rome Statute of the International Criminal Court also explicitly lists torture as a crime against humanity that falls under the jurisdiction of the Court. Article 7(2)(e) defines torture as “the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions.” This definition is broader than that in the Convention against Torture, as it includes acts committed by both State and non-State actors and does not require “purpose” as an objective of the torture. 2. Prohibition of torture and other ill-treatment in regional instruments There are four general regional human rights treaties – in Europe, Africa, Arab countries and the Americas – which each contain a clear and unequivocal prohibition of torture. There are also two regional treaties – in Europe and the Americas – that deal specifically with torture. 2.1. European Convention on Human Rights The European Convention on Human Rights, adopted in 1950, is a regional treaty under the auspices of the Council of Europe. Article 3 states: No one shall be subjected to torture or to inhuman or degrading treatment or punishment. The Council of Europe has also adopted a treaty dealing specifically with torture: the European Convention for the Prevention of Torture (1987). This treaty does not create any new norms but does establish a visiting Committee (see chapter 7 for more information). 2.2. Treaties under the Organization of American States The American Convention on Human Rights, adopted in 1969, is a regional treaty under the auspices of the Organization of American States. Article 5 states: Every person has the right to have his physical, mental, and moral integrity respected. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person. The Organization of American States has also adopted a specific instrument on torture: the InterAmerican Convention to Prevent and Punish Torture (1985). The Convention contains the following detailed definition of torture (article 2): For the purposes of this Convention, torture shall be understood to be any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish. This definition goes further than the one contained in the Convention against Torture by not requiring the pain or suffering to be “severe”; by referring to “any other purpose” rather than “such purpose as”; and by including the reference to methods “intended to obliterate the personality of the victim or diminish his physical or mental capacities”, irrespective of whether such methods cause pain or suffering. Chapter 2: International and regional instruments on torture and other forms of ill-treatment | 21