Chapter

Torture and other cruel, inhuman, or degrading treatment or punishment

Manfred Nowak

The Oxford handbook of international law in armed conflict

Oxford : Oxford University Press, 2014

p. 387-409

English

Since respect for human dignity constitutes a kind of leitmotiv for both IHL and IHRL, the absolute prohibition of torture and other forms of ill-treatment plays a central role in both legal frameworks. Although the terminology is slightly different in IHL, interpretation should seek to reconcile these differences as far as possible. If provisions of IHL have a wider scope of application or are simply more detailed than IHRL, they should be given preference. If provisions of IHL grant less protection than IHRL, they should have priority only if so required by the necessity of armed conflict. In this chapter, the three phenomena of ill-treatment - torture, cruel and inhuman treatment or punishment and degrading treatment or punishment - will be analysed under both IHRL and IHL in light of relevant literature and jurisprudence. Should there be any major differences or contradictions between the relevant norms under the respective legal frameworks, an interpretation aimed at clarifying which norms have precedence will be offered.

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• The Oxford handbook of international law in armed conflict / ed. by Andrew Clapham and Paola Gaeta ; assistant ed.: Tom Haeck, Alice Priddy