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The Treatment of Prisoners under International Law$
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Nigel Rodley and Matt Pollard

Print publication date: 2011

Print ISBN-13: 9780199693566

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199693566.001.0001

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What Constitutes Torture and Other Ill-treatment?

What Constitutes Torture and Other Ill-treatment?

Chapter:
(p.82) 3 What Constitutes Torture and Other Ill-treatment?
Source:
The Treatment of Prisoners under International Law
Author(s):

Nigel Rodley

Matt Pollard

Publisher:
Oxford University Press
DOI:10.1093/acprof:osobl/9780199693566.003.0004

This chapter analyses the terms of the basic formula: torture, cruel, inhuman or degrading treatment or punishment, as stated in Article 5 of the Universal Declaration of Human Rights. It seeks to identify the factors involved in determining whether particular acts amount to torture or other ill-treatment. It focuses on the approach by the UN Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment on its definition of torture and states it as the ‘first port of call’ for those seeking a definition under international law. The chapter also describes the subsequent definitions that appeared in the 1990s, with the most important coming from the Rome Statute of the International Criminal Court, and the ‘Elements of Crimes’ giving specificity thereto.

Keywords:   torture, ill-treatment, Universal Declaration of Human Rights, UN Convention against Torture, international law, Rome Statute of the International Criminal Court, Element of Crimes

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