Punishments and torture

8/7/2019 Punishments and torture

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Punishments and tortureCode of Conduct for Law Enforcement Officials (1979)all officers of the law, whether appointed or elected, who exercise

police powers, especially the powers of arrest or detention

Keywords:police, arrest, detentionConvention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment (1984)any act by which severe pain or suffering, whether physical or mental,

is intentionally inflicted on a personKeywords:torture,punishment

Second Optional Protocol to the International Covenant on Civiland Political Rights, aiming at the abolition of the death

penalty (1989)

no one within the jurisdiction of a State Party to the protocol shall beexecuted

Keywords:death penaltyDeclaration on the Protection of all Persons from Enforced

Disappearance (1992)

persons are arrested, detained or abducted against their will orotherwise deprived of their liberty by officials or by groups and

individuals acting on behalf of government followed by a refusal todisclose their fate which places such persons outside the protection of

the law

Keywords:disappearance, human rights, security of personRome Statute of the International Criminal Court (1998)

an International Criminal Court is hereby established. It shall be apermanent institution and shall have the power to exercise its

jurisdiction over persons for the most serious crimes of international

concernKeywords:rome statute, international criminal court,justice

Optional Protocol to the Convention against Torture and OtherCruel, Inhuman or Degrading Treatment or Punishment (2002)

a system of regular visits undertaken by independent international andnational bodies to places where people are deprived of their liberty, in

order to prevent torture

Keywords:torture,punishment
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Organization:Office of the United Nations High Commissioner for Human Rights

Adopted:17 December 1979Document source:

http://www2.ohchr.orgAbstract:all officers of the law, whether appointed or elected, who exercise police powers,especially the powers of arrest or detention

Adopted by General Assembly resolution 34/169 of 17December 1979

Article 1

Law enforcement officials shall at all times fulfil the duty imposed upon them by law, by serving the

community and by protecting all persons against illegal acts, consistent with the high degree ofresponsibility required by their profession.

Commentary :

( a ) The term "law enforcement officials", includes all officers of the law, whether appointed orelected, who exercise police powers, especially the powers of arrest or detention.

( b ) In countries where police powers are exercised by military authorities, whether uniformed ornot, or by State security forces, the definition of law enforcement officials shall be regarded asincluding officers of such services.

( c ) Service to the community is intended to include particularly the rendition of services ofassistance to those members of the community who by reason of personal, economic, social orother emergencies are in need of immediate aid.

( d ) This provision is intended to cover not only all violent, predatory and harmful acts, but extendsto the full range of prohibitions under penal statutes. It extends to conduct by persons not capableof incurring criminal liability.

Article 2

In the performance of their duty, law enforcement officials shall respect and protect human dignity

and maintain and uphold the human rights of all persons.

Commentary :

( a ) The human rights in question are identified and protected by national and international law.

Among the relevant international instruments are the Universal Declaration of Human Rights, theInternational Covenant on Civil and Political Rights, the Declaration on the Protection of All Persons

from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, theInternational Convention on the Elimination of All Forms of Racial Discrimination, the InternationalConvention on the Suppression and Punishment of the Crime of Apartheid , the Convention on the
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Prevention and Punishment of the Crime of Genocide, the Standard Minimum Rules for theTreatment of Prisoners and the Vienna Convention on Consular Relations.

( b ) National commentaries to this provision should indicate regional or national provisionsidentifying and protecting these rights.

Article 3

Law enforcement officials may use force only when strictly necessary and to the extent required forthe performance of their duty.

Commentary :

( a ) This provision emphasizes that the use of force by law enforcement officials should beexceptional; while it implies that law enforcement officials may be authorized to use force as isreasonably necessary under the circumstances for the prevention of crime or in effecting orassisting in the lawful arrest of offenders or suspected offenders, no force going beyond that may be

used.

( b ) National law ordinarily restricts the use of force by law enforcement officials in accordance witha principle of proportionality. It is to be understood that such national principles of proportionalityare to be respected in the interpretation of this provision. In no case should this provision beinterpreted to authorize the use of force which is disproportionate to the legitimate objective to beachieved.

( c ) The use of firearms is considered an extreme measure. Every effort should be made to excludethe use of firearms, especially against children. In general, firearms should not be used except

when a suspected offender offers armed resistance or otherwise jeopardizes the lives of others andless extreme measures are not sufficient to restrain or apprehend the suspected offender. In every

instance in which a firearm is discharged, a report should be made promptly to the competentauthorities.

Article 4Matters of a confidential nature in the possession of law enforcement officials shall be keptconfidential, unless the performance of duty or the needs of justice strictly require otherwise.

Commentary :

By the nature of their duties, law enforcement officials obtain information which may relate toprivate lives or be potentially harmful to the interests, and especially the reputation, of others.Great care should be exercised in safeguarding and using such information, which should bedisclosed only in the performance of duty or to serve the needs of justice. Any disclosure of such

information for other purposes is wholly improper.

Article 5

No law enforcement official may inflict, instigate or tolerate any act of torture or other cruel,

inhuman or degrading treatment or punishment, nor may any law enforcement official invokesuperior orders or exceptional circumstances such as a state of war or a threat of war, a threat to

national security, internal political instability or any other public emergency as a justification oftorture or other cruel, inhuman or degrading treatment or punishment.

Commentary :


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( a ) This prohibition derives from the Declaration on the Protection of All Persons from BeingSubjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by

the General Assembly, according to which:

"[Such an act is] an offence to human dignity and shall be condemned as a denial of the purposes

of the Charter of the United Nations and as a violation of the human rights and fundamentalfreedoms proclaimed in the Universal Declaration of Human Rights [and other international human

rights instruments]."

( b ) The Declaration defines torture as follows:

". . . torture means any act by which severe pain or suffering, whether physical or mental, isintentionally inflicted by or at the instigation of a public official on a person for such purposes as

obtaining from him or a third person information or confession, punishing him for an act he hascommitted or is suspected of having committed, or intimidating him or other persons. It does notinclude pain or suffering arising only from, inherent in or incidental to, lawful sanctions to the extentconsistent with the Standard Minimum Rules for the Treatment of Prisoners."

( c ) The term "cruel, inhuman or degrading treatment or punishment" has not been defined by theGeneral Assembly but should be interpreted so as to extend the widest possible protection against

abuses, whether physical or mental.

Article 6

Law enforcement officials shall ensure the full protection of the health of persons in their custody

and, in particular, shall take immediate action to secure medical attention whenever required.

Commentary :

( a ) "Medical attention", which refers to services rendered by any medical personnel, includingcertified medical practitioners and paramedics, shall be secured when needed or requested.

( b ) While the medical personnel are likely to be attached to the law enforcement operation, law

enforcement officials must take into account the judgement of such personnel when theyrecommend providing the person in custody with appropriate treatment through, or in consultationwith, medical personnel from outside the law enforcement operation.

( c ) It is understood that law enforcement officials shall also secure medical attention for victims ofviolations of law or of accidents occurring in the course of violations of law.

Article 7

Law enforcement officials shall not commit any act of corruption. They shall also rigorously oppose

and combat all such acts.

Commentary :

( a ) Any act of corruption, in the same way as any other abuse of authority, is incompatible with

the profession of law enforcement officials. The law must be enforced fully with respect to any lawenforcement official who commits an act of corruption, as Governments cannot expect to enforcethe law among their citizens if they cannot, or will not, enforce the law against their own agents andwithin their agencies.

( b ) While the definition of corruption must be subject to national law, it should be understood toencompass the commission or omission of an act in the performance of or in connection with one's


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duties, in response to gifts, promises or incentives demanded or accepted, or the wrongful receipt ofthese once the act has been committed or omitted.

( c ) The expression "act of corruption" referred to above should be understood to encompassattempted corruption.

Article 8

Law enforcement officials shall respect the law and the present Code. They shall also, to the best oftheir capability, prevent and rigorously oppose any violations of them.

Law enforcement officials who have reason to believe that a violation of the present Code hasoccurred or is about to occur shall report the matter to their superior authorities and, where

necessary, to other appropriate authorities or organs vested with reviewing or remedial power.

Commentary :

( a ) This Code shall be observed whenever it has been incorporated into national legislation orpractice. If legislation or practice contains stricter provisions than those of the present Code, those

stricter provisions shall be observed.

( b ) The article seeks to preserve the balance between the need for internal discipline of the agencyon which public safety is largely dependent, on the one hand, and the need for dealing withviolations of basic human rights, on the other. Law enforcement officials shall report violationswithin the chain of command and take other lawful action outside the chain of command only when

no other remedies are available or effective. It is understood that law enforcement officials shall notsuffer administrative or other penalties because they have reported that a violation of this Code has

occurred or is about to occur.

( c ) The term "appropriate authorities or organs vested with reviewing or remedial power" refers toany authority or organ existing under national law, whether internal to the law enforcement agencyor independent thereof, with statutory, customary or other power to review grievances and

complaints arising out of violations within the purview of this Code.

( d ) In some countries, the mass media may be regarded as performing complaint review functionssimilar to those described in subparagraph ( c ) above. Law enforcement officials may, therefore, bejustified if, as a last resort and in accordance with the laws and customs of their own countries and

with the provisions of article 4 of the present Code, they bring violations to the attention of publicopinion through the mass media.

( e ) Law enforcement officials who comply with the provisions of this Code deserve the respect, thefull support and the co-operation of the community and of the law enforcement agency in whichthey serve, as well as the law enforcement profession.

nization:United Nations

Adopted:10 December 1984 (New York, United States of America)Entered into force:26 June 1987Document source:http://www2.ohchr.org
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third person has committed or is suspected of having committed, or intimidating or coercing him ora third person, or for any reason based on discrimination of any kind, when such pain or suffering is

inflicted by or at the instigation of or with the consent or acquiescence of a public official or otherperson acting in an official capacity. It does not include pain or suffering arising only from, inherent

in or incidental to lawful sanctions.

2. This article is without prejudice to any international instrument or national legislation which does

or may contain provisions of wider application.

Article 2

1. Each State Party shall take effective legislative, administrative, judicial or other measures to

prevent acts of torture in any territory under its jurisdiction.

2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internalpolitical instability or any other public emergency, may be invoked as a justification of torture.

3. An order from a superior officer or a public authority may not be invoked as a justification of

torture.

Article 3

1. No State Party shall expel, return ("refouler") or extradite a person to another State where thereare substantial grounds for believing that he would be in danger of being subjected to torture.

2. For the purpose of determining whether there are such grounds, the competent authorities shalltake into account all relevant considerations including, where applicable, the existence in the Stateconcerned of a consistent pattern of gross, flagrant or mass violations of human rights.

Article 41. Each State Party shall ensure that all acts of torture are offences under its criminal law. Thesame shall apply to an attempt to commit torture and to an act by any person which constitutes

complicity or participation in torture. 2. Each State Party shall make these offences punishable byappropriate penalties which take into account their grave nature.

Article 51. Each State Party shall take such measures as may be necessary to establish its jurisdiction overthe offences referred to in article 4 in the following cases:

(a) When the offences are committed in any territory under its jurisdiction or on board a ship oraircraft registered in that State;

(b) When the alleged offender is a national of that State;

(c) When the victim is a national of that State if that State considers it appropriate.

2. Each State Party shall likewise take such measures as may be necessary to establish itsjurisdiction over such offences in cases where the alleged offender is present in any territory underits jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned inparagraph I of this article.

3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internallaw.


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Article 6

1. Upon being satisfied, after an examination of information available to it, that the circumstancesso warrant, any State Party in whose territory a person alleged to have committed any offence

referred to in article 4 is present shall take him into custody or take other legal measures to ensurehis presence. The custody and other legal measures shall be as provided in the law of that State but

may be continued only for such time as is necessary to enable any criminal or extraditionproceedings to be instituted.

2. Such State shall immediately make a preliminary inquiry into the facts.

3. Any person in custody pursuant to paragraph I of this article shall be assisted in communicating

immediately with the nearest appropriate representative of the State of which he is a national, or, ifhe is a stateless person, with the representative of the State where he usually resides.

4. When a State, pursuant to this article, has taken a person into custody, it shall immediatelynotify the States referred to in article 5, paragraph 1, of the fact that such person is in custody and

of the circumstances which warrant his detention. The State which makes the preliminary inquirycontemplated in paragraph 2 of this article shall promptly report its findings to the said States andshall indicate whether it intends to exercise jurisdiction.

Article 7

1. The State Party in the territory under whose jurisdiction a person alleged to have committed any

offence referred to in article 4 is found shall in the cases contemplated in article 5, if it does notextradite him, submit the case to its competent authorities for the purpose of prosecution.

2. These authorities shall take their decision in the same manner as in the case of any ordinaryoffence of a serious nature under the law of that State. In the cases referred to in article 5,

paragraph 2, the standards of evidence required for prosecution and conviction shall in no way beless stringent than those which apply in the cases referred to in article 5, paragraph 1.

3. Any person regarding whom proceedings are brought in connection with any of the offences

referred to in article 4 shall be guaranteed fair treatment at all stages of the proceedings.

Article 8

1. The offences referred to in article 4 shall be deemed to be included as extraditable offences inany extradition treaty existing between States Parties. States Parties undertake to include such

offences as extraditable offences in every extradition treaty to be concluded between them.

2. If a State Party which makes extradition conditional on the existence of a treaty receives arequest for extradition from another State Party with which it has no extradition treaty, it mayconsider this Convention as the legal basis for extradition in respect of such offences. Extradition

shall be subject to the other conditions provided by the law of the requested State.

3. States Parties which do not make extradition conditional on the existence of a treaty shallrecognize such offences as extraditable offences between themselves subject to the conditionsprovided by the law of the requested State.

4. Such offences shall be treated, for the purpose of extradition between States Parties, as if theyhad been committed not only in the place in which they occurred but also in the territories of the

States required to establish their jurisdiction in accordance with article 5, paragraph 1.

Article 9


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1. States Parties shall afford one another the greatest measure of assistance in connection withcriminal proceedings brought in respect of any of the offences referred to in article 4, including the

supply of all evidence at their disposal necessary for the proceedings.

2. States Parties shall carry out their obligations under paragraph I of this article in conformity with

any treaties on mutual judicial assistance that may exist between them.

Article 10

1. Each State Party shall ensure that education and information regarding the prohibition againsttorture are fully included in the training of law enforcement personnel, civil or military, medicalpersonnel, public officials and other persons who may be involved in the custody, interrogation or

treatment of any individual subjected to any form of arrest, detention or imprisonment.

2. Each State Party shall include this prohibition in the rules or instructions issued in regard to theduties and functions of any such person.

Article 11Each State Party shall keep under systematic review interrogation rules, instructions, methods and

practices as well as arrangements for the custody and treatment of persons subjected to any formof arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventingany cases of torture.

Article 12Each State Party shall ensure that its competent authorities proceed to a prompt and impartial

investigation, wherever there is reasonable ground to believe that an act of torture has beencommitted in any territory under its jurisdiction.

Article 13Each State Party shall ensure that any individual who alleges he has been subjected to torture inany territory under its jurisdiction has the right to complain to, and to have his case promptly and

impartially examined by, its competent authorities. Steps shall be taken to ensure that the

complainant and witnesses are protected against all ill-treatment or intimidation as a consequenceof his complaint or any evidence given.

Article 14

1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains

redress and has an enforceable right to fair and adequate compensation, including the means for asfull rehabilitation as possible. In the event of the death of the victim as a result of an act of torture,his dependants shall be entitled to compensation.

2. Nothing in this article shall affect any right of the victim or other persons to compensation whichmay exist under national law.

Article 15Each State Party shall ensure that any statement which is established to have been made as aresult of torture shall not be invoked as evidence in any proceedings, except against a personaccused of torture as evidence that the statement was made.

Article 16


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1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts ofcruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in

article I, when such acts are committed by or at the instigation of or with the consent oracquiescence of a public official or other person acting in an official capacity. In particular, the

obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references totorture of references to other forms of cruel, inhuman or degrading treatment or punishment.

2. The provisions of this Convention are without prejudice to the provisions of any otherinternational instrument or national law which prohibits cruel, inhuman or degrading treatment or

punishment or which relates to extradition or expulsion.

PART II

Article 17

1. There shall be established a Committee against Torture (hereinafter referred to as the

Committee) which shall carry out the functions hereinafter provided. The Committee shall consist often experts of high moral standing and recognized competence in the field of human rights, who

shall serve in their personal capacity. The experts shall be elected by the States Parties,consideration being given to equitable geographical distribution and to the usefulness of the

participation of some persons having legal experience.

2. The members of the Committee shall be elected by secret ballot from a list of persons nominated

by States Parties. Each State Party may nominate one person from among its own nationals. StatesParties shall bear in mind the usefulness of nominating persons who are also members of theHuman Rights Committee established under the International Covenant on Civil and Political Rightsand who are willing to serve on the Committee against Torture.

3. Elections of the members of the Committee shall be held at biennial meetings of States Partiesconvened by the Secretary-General of the United Nations. At those meetings, for which two thirds of

the States Parties shall constitute a quorum, the persons elected to the Committee shall be thosewho obtain the largest number of votes and an absolute majority of the votes of the representativesof States Parties present and voting.

4. The initial election shall be held no later than six months after the date of the entry into force of

this Convention. At. Ieast four months before the date of each election, the Secretary-General ofthe United Nations shall address a letter to the States Parties inviting them to submit their

nominations within three months. The Secretary-General shall prepare a list in alphabetical order ofall persons thus nominated, indicating the States Parties which have nominated them, and shall

submit it to the States Parties.

5. The members of the Committee shall be elected for a term of four years. They shall be eligible for

re-election if renominated. However, the term of five of the members elected at the first electionshall expire at the end of two years; immediately after the first election the names of these fivemembers shall be chosen by lot by the chairman of the meeting referred to in paragraph 3 of thisarticle.

6. If a member of the Committee dies or resigns or for any other cause can no longer perform hisCommittee duties, the State Party which nominated him shall appoint another expert from among

its nationals to serve for the remainder of his term, subject to the approval of the majority of theStates Parties. The approval shall be considered given unless half or more of the States Parties

respond negatively within six weeks after having been informed by the Secretary-General of theUnited Nations of the proposed appointment.

7. States Parties shall be responsible for the expenses of the members of the Committee while theyare in performance of Committee duties.


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Article 18

1. The Committee shall elect its officers for a term of two years. They may be re-elected.

2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia,

that:

(a) Six members shall constitute a quorum;

(b) Decisions of the Committee shall be made by a majority vote of the members present.

3. The Secretary-General of the United Nations shall provide the necessary staff and facilities for theeffective performance of the functions of the Committee under this Convention.

4. The Secretary-General of the United Nations shall convene the initial meeting of the Committee.After its initial meeting, the Committee shall meet at such times as shall be provided in its rules ofprocedure.

5. The States Parties shall be responsible for expenses incurred in connection with the holding of

meetings of the States Parties and of the Committee, including reimbursement to the UnitedNations for any expenses, such as the cost of staff and facilities, incurred by the United Nationspursuant to paragraph 3 of this article.

Article 19

1. The States Parties shall submit to the Committee, through the Secretary-General of the UnitedNations, reports on the measures they have taken to give effect to their undertakings under thisConvention, within one year after the entry into force of the Convention for the State Partyconcerned. Thereafter the States Parties shall submit supplementary reports every four years on

any new measures taken and such other reports as the Committee may request.

2. The Secretary-General of the United Nations shall transmit the reports to all States Parties.

3. Each report shall be considered by the Committee which may make such general comments onthe report as it may consider appropriate and shall forward these to the State Party concerned. ThatState Party may respond with any observations it chooses to the Committee.

4. The Committee may, at its discretion, decide to include any comments made by it in accordance

with paragraph 3 of this article, together with the observations thereon received from the StateParty concerned, in its annual report made in accordance with article 24. If so requested by the

State Party concerned, the Committee may also include a copy of the report submitted underparagraph I of this article.

Article 20

1. If the Committee receives reliable information which appears to it to contain well-foundedindications that torture is being systematically practised in the territory of a State Party, theCommittee shall invite that State Party to co-operate in the examination of the information and tothis end to submit observations with regard to the information concerned.

2. Taking into account any observations which may have been submitted by the State Partyconcerned, as well as any other relevant information available to it, the Committee may, if it

decides that this is warranted, designate one or more of its members to make a confidential inquiryand to report to the Committee urgently.


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3. If an inquiry is made in accordance with paragraph 2 of this article, the Committee shall seek theco-operation of the State Party concerned. In agreement with that State Party, such an inquiry may

include a visit to its territory.

4. After examining the findings of its member or members submitted in accordance with paragraph

2 of this article, the Commission shall transmit these findings to the State Party concerned togetherwith any comments or suggestions which seem appropriate in view of the situation.

5. All the proceedings of the Committee referred to in paragraphs I to 4 of th is article s hall be confidential , and at all stages of the proceedings the co-operation of the State Party shall be sought.

After such proceedings have been completed with regard to an inquiry made in accordance withparagraph 2, the Committee may, after consultations with the State Party concerned, decide to

include a summary account of the results of the proceedings in its annual report made inaccordance with article 24.

Article 211. A State Party to this Convention may at any time declare under this article that it recognizes thecompetence of the Committee to receive and consider communications to the effect that a StateParty claims that another State Party is not fulfilling its obligations under this Convention. Suchcommunications may be received and considered according to the procedures laid down in this

article only if submitted by a State Party which has made a declaration recognizing in regard toitself the competence of the Committee. No communication shall be dealt with by the Committee

under this article if it concerns a State Party which has not made such a declaration.Communications received under this article shall be dealt with in accordance with the following

procedure;

(a) If a State Party considers that another State Party is not giving effect to the provisions ofthis

Convention, it may, by written communication, bring the matter to the attention of that State Party.Within three months after the receipt of the communication the receiving State shall afford theState which sent the communication an explanation or any other statement in writing clarifying thematter, which should include, to the extent possible and pertinent, reference to domestic

procedures and remedies taken, pending or available in the matter;

(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six

months after the receipt by the receiving State of the initial communication, either State shall havethe right to refer the matter to the Committee, by notice given to the Committee and to the other

State;

(c) The Committee shall deal with a matter referred to it under this article only after it has

ascertained that all domestic remedies have been invoked and exhausted in the matter, inconformity with the generally recognized principles of international law. This shall not be the rulewhere the application of the remedies is unreasonably prolonged or is unlikely to bring effectiverelief to the person who is the victim of the violation of this Convention;

(d) The Committee shall hold closed meetings when examining communications under this article;(e) Subject to the provisions of subparagraph

(e), the Committee shall make available its good offices to the States Parties concerned with a view

to a friendly solution of the matter on the basis of respect for the obligations provided for in thisConvention. For this purpose, the Committee may, when appropriate, set up an ad hoc conciliationcommission;

(f) In any matter referred to it under this article, the Committee may call upon the States Partiesconcerned, referred to in subparagraph (b), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to berepresented when the matter is being considered by the Committee and to make submissions orallyand/or in writing;


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(h) The Committee shall, within twelve months after the date of receipt of notice undersubparagraph (b), submit a report:

(i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine itsreport to a brief statement of the facts and of the solution reached;

(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine itsreport to a brief statement of the facts; the written submissions and record of the oral submissions

made by the States Parties concerned shall be attached to the report.

In every matter, the report shall be communicated to the States Parties concerned.

2. The provisions of this article shall come into force when five States Parties to this Conventionhave made declarations under paragraph 1 of this article. Such declarations shall be deposited by

the States Parties with the Secretary-General of the United Nations, who shall transmit copiesthereof to the other States Parties. A declaration may be withdrawn at any time by notification to

the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter whichis the subject of a communication already transmitted under this article; no further communication

by any State Party shall be received under this article after the notification of withdrawal of thedeclaration has been received by the Secretary-General, unless the State Party concerned has made

a new declaration.

Article 22

1. A State Party to this Convention may at any time declare under this article that it recognizes the

competence of the Committee to receive and consider communications from or on behalf ofindividuals subject to its jurisdiction who claim to be victims of a violation by a State Party of theprovisions of the Convention. No communication shall be received by the Committee if it concerns aState Party which has not made such a declaration.

2. The Committee shall consider inadmissible any communication under this article which isanonymous or which it considers to be an abuse of the right of submission of such communications

or to be incompatible with the provisions of this Convention.

3. Subject to the provisions of paragraph 2, the Committee shall bring any communicationssubmitted to it under this article to the attention of the State Party to this Convention which hasmade a declaration under paragraph I and is alleged to be violating any provisions of the

Convention. Within six months, the receiving State shall submit to the Committee writtenexplanations or statements clarifying the matter and the remedy, if any, that may have been taken

by that State.

4. The Committee shall consider communications received under this article in the light of allinformation made available to it by or on behalf of the individual and by the State Party concerned.5. The Committee shall not consider any communications from an individual under this article unless

it has ascertained that:

(a) The same matter has not been, and is not being, examined under another procedure ofinternational investigation or settlement;

(b) The individual has exhausted all available domestic remedies; this shall not be the rule wherethe application of the remedies is unreasonably prolonged or is unlikely to bring effective reliefto theperson who is the victim of the violation of this Convention.

6. The Committee shall hold closed meetings when examining communications under this article.

7. The Committee shall forward its views to the State Party concerned and to the individual.


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8. The provisions of this article shall come into force when five States Parties to this Conventionhave made declarations under paragraph 1 of this article. Such declarations shall be deposited by

the States Parties with the Secretary-General of the United Nations, who shall transmit copiesthereof to the other States Parties. A declaration may be withdrawn at any time by notification to

the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter whichis the subject of a communication already transmitted under this article; no further communicationby or on behalf of an individual shall be received under this article after the notification of

withdrawal of the declaration has been received by the SecretaryGeneral, unless the State Party hasmade a new declaration.

Article 23The members of the Committee and of the ad hoc conciliation commissions which may be appointed

under article 21, paragraph I (e), shall be entitled to the facilities, privileges and immunities ofexperts on mission for the United Nations as laid down in the relevant sections of the Convention on

the Privileges and Immunities of the United Nations.

Article 24

The Committee shall submit an annual report on its activities under this Convention to the States

Parties and to the General Assembly of the United Nations.

PART III

Article 251. This Convention is open for signature by all States. 2. This Convention is subject to ratification.Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 26This Convention is open to accession by all States. Accession shall be effected by the deposit of an

instrument of accession with the SecretaryGeneral of the United Nations.

Article 27

1. This Convention shall enter into force on the thirtieth day after the date of the deposit with theSecretary-General of the United Nations of the twentieth instrument of ratification or accession.

2. For each State ratifying this Convention or acceding to it after the deposit of the twentieth

instrument of ratification or accession, the Convention shall enter into force onthe thirtieth day afterthe date of the deposit of its own instrument of ratification or accession.

Article 28

1. Each State may, at the time of signature or ratification of this Convention or accession thereto,declare that it does not recognize the competence of the Committee provided for in article 20.

2. Any State Party having made a reservation in accordance with paragraph I of this article may, atany time, withdraw this reservation by notification to the Secretary-General of the United Nations.

Article 29

1 . Any State Party to this Convention may propose an amendment and file it with the Secretary-General of the United Nations. The SecretaryGeneral shall thereupon communicate the proposed

amendment to the States Parties with a request that they notify him whether they favour a


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conference of States Parties for the purpose of considering an d voting upon the proposal. In theevent that within four months from the date of such communication at least one third of the States

Parties favours such a conference, the SecretaryGeneral shall convene the conference under theauspices of the United Nations. Any amendment adopted by a majority of the States Parties present

and voting at the conference shall be submitted by the Secretary-General to all the States Partiesfor acceptance.

2. An amendment adopted in accordance with paragraph I of this article shall enter into force whentwo thirds of the States Parties to this Convention have notified the Secretary-General of the United

Nations that they have accepted it in accordance with their respective constitutional processes.

3. When amendments enter into force, they shall be binding on those States Parties which have

accepted them, other States Parties still being bound by the provisions of this Convention and anyearlier amendments which they have accepted.

Article 30

1. Any dispute between two or more States Parties concerning the interpretation or application ofthis Convention which cannot be settled through negotiation shall, at the request of one of them, besubmitted to arbitration. If within six months from thc date of the request for arbitration the Parties

are unable to agree on the organization of the arbitration, any one of those Parties may refer thedispute to the International Court of Justice by request in conformity with the Statute of the Court.

2. Each State may, at the time of signature or ratification of this Con vention or accession thereto,

declare that it does not consider itself bound by paragraph I of this article. The other States Partiesshall not be bound by paragraph I of this article with respect to any State Party having made such areservation.

3. Any State Party having made a reservation in accordance with paragraph 2 of this article may at

any time withdraw this reservation by notification to the Secretary-General of the United Nations.

Article 31

1. A State Party may denounce this Convention by written notification to the Secretary-General ofthe United Nations. Denunciation becomes effective one year after the date of receipt of- thenotification by the Secretary-General .

2. Such a denunciation shall not have the effect of releasing the State Party from its obligationsunder this Convention in regard to any act or omission which occurs prior to the date at which the

denunciation becomes effective, nor shall denunciation prejudice in any way the continuedconsideration of any matter which is already under consideration by the Committee prior to the date

at which the denunciation becomes effective.

3. Following the date at which the denunciation of a State Party becomes effective, the Committee

shall not commence consideration of any new matter regarding that State.

Article 32The Secretary-General of the United Nations shall inform all States Members of the United Nations

and all States which have signed this Convention or acceded to it of the following:

(a) Signatures, ratifications and accessions under articles 25 and 26;

(b) The date of entry into force of this Convention under article 27 and the date of the entry intoforce of any amendments under article 29;


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(c) Denunciations under article 31.

Article 33

1. This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are

equally authentic, shall be deposited with the Secretary-General of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to

all States.

m Wikipedia, the free encyclopedia

This article may require cleanup to meet Wikipedia's quality

standards. Pleaseimprove this article if you can. Thetalk pagemay

contain suggestions. (March 2008)

The First Geneva Convention governing sick and wounded members of armed forces, signed in 1864

The law of waris a body of lawconcerning acceptable justifications to engage in war(jus ad

bellum) and the limits to acceptable wartime conduct (jus in bello). The law of war is considered

an aspect ofpublic international law(the law of nations) and is distinguished from other bodies of

law, such as the domestic law of a particular belligerent to a conflict, that may also provide legal

limits to the conduct or justification of war.

Among other issues, modern laws of war addressdeclarations of war, acceptance

ofsurrenderand the treatment ofprisoners of war, military necessity along

withdistinction andproportionality, and the prohibition of certainweapons that may cause

unnecessary suffering.[1]

Contents

[hide]

1 Early sources and history

2 Modern sources

3 Purposes of the laws
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These rules were put into practice during the earlyMuslim conquestsof the 7th and 8th centuries.

[citation needed] After the expansion of the Caliphate,Islamic legal treatises on international lawfrom

the 9th century onwards covered the application ofIslamic military jurisprudence to international

law,[6][verification needed] including the law of treaties; the treatment

ofdiplomats,hostages,refugees and prisoners of war in Islam; the right of asylum; conduct on the

battlefield; protection of women, children and non-combatantcivilians; contracts across the lines

ofbattle; the use ofpoisonousweapons; and devastation of enemy territory. These laws were put

into practice by Muslim armies during theCrusades, most notably by Saladin and Sultanal-Kamil.

For example, after al-Kamil defeated the Franks, Oliverus Scholasticus praised the Islamic laws

of war, commenting on how al-Kamil supplied the defeated Frankish army with food: [7]

Who could doubt that such goodness, friendship and charity come from God? Men whose

parents, sons and daughters, brothers and sisters, had died in agony at our hands, whose lands

we took, whom we drove naked from their homes, revived us with their own food when we were

dying of hunger and showered us with kindness even when we were in their power.[8][verification needed]

In medieval Europe, theRoman Catholic Church also began promulgating teachings onjust war,

reflected to some extent in movements such as thePeace and Truce of God. The impulse to

restrict the extent of warfare, and especially protect the lives and property ofnon-

combatants continued withHugo Grotiusand his attempts to write laws of war.

[edit]Modern sources

See also:Sources of international law

The modern law of war is derived from two principal sources:[1]

Lawmakingtreaties(orconventions) see the section below called "International

treaties on the laws of war".

Custom. Not all the law of war derives from or has been incorporated in such treaties,

which can refer to the continuing importance of customary law. (see Martens Clause).

Suchcustomary international law is established by the general practice of nations together

with theiracceptance that such practice is required by law.

Positiveinternational humanitarian law consists oftreaties(international agreements) which

directly affect the laws of war by binding consenting nations and achieving widespread consent

see the section below called "International treaties on the laws of war".

The opposite of positive laws of war is customary laws of war,[1]many of which were explored at

theNuremberg War Trials. These laws define both thepermissive rights of states as well

asprohibitionson their conduct when dealing with irregular forcesand non-signatories.
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ttp://en.wikipedia.org/wiki/Roman_Catholic_Churchhttp://en.wikipedia.org/wiki/Just_warhttp://en.wikipedia.org/wiki/Peace_and_Truce_of_Godhttp://en.wikipedia.org/wiki/Non-combatanthttp://en.wikipedia.org/wiki/Non-combatanthttp://en.wikipedia.org/wiki/Hugo_Grotiushttp://en.wikipedia.org/w/index.php?title=Laws_of_war&action=edit&section=2http://en.wikipedia.org/wiki/Sources_of_international_lawhttp://en.wikipedia.org/wiki/Laws_of_war#cite_note-ihl.ihlresearch.org-0http://en.wikipedia.org/wiki/Treatyhttp://en.wikipedia.org/wiki/Laws_of_war#International_treaties_on_the_laws_of_warhttp://en.wikipedia.org/wiki/Laws_of_war#International_treaties_on_the_laws_of_warhttp://en.wikipedia.org/wiki/Martens_Clausehttp://en.wikipedia.org/wiki/Customary_international_lawhttp://en.wikipedia.org/wiki/Opinio_jurishttp://en.wikipedia.org/wiki/Positive_lawhttp://en.wikipedia.org/wiki/International_humanitarian_lawhttp://en.wikipedia.org/wiki/Treatyhttp://en.wikipedia.org/wiki/Laws_of_war#International_treaties_on_the_laws_of_warhttp://en.wikipedia.org/wiki/Laws_of_war#cite_note-ihl.ihlresearch.org-0http://en.wikipedia.org/wiki/Nuremberg_War_Trialshttp://en.wikipedia.org/wiki/Irregular_military


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Historian Geoffrey Best has called the period from 1856 to 1909 the law of wars epoch of

highest repute.[9] The defining aspect of this epoch was the establishment, by states, of a positive

legal or legislative foundation (i.e., written) superseding a regime based primarily on religion,

chivalry, and customs.[10] It is during this modern era that the international conference became

the forum for debate and agreement between states and the multilateral treaty served as the

positive mechanism for codification.

In addition, the Nuremberg War Trial judgment on "The Law Relating to War Crimes and Crimes

Against Humanity"[11] held, under the guidelines Nuremberg Principles, that treaties like the

Hague Convention of 1907, having been widely accepted by "all civilised nations" for about half a

century, were by then part of the customary laws of war and binding on all parties whether the

party was a signatory to the specific treaty or not.

Interpretations of international humanitarian law change over time and this also affects the laws of

war. For example Carla Del Ponte, the chief prosecutor for the International Criminal Tribunal for

the former Yugoslaviapointed out in 2001 that although there is no specific treaty ban on the use

ofdepleted uraniumprojectiles, there is a developing scientific debate and concern expressed

regarding the effect of the use of such projectiles and it is possible that, in future, there may be a

consensus view in international legal circles that use of such projectiles violate general principles

of the law applicable to use of weapons in armed conflict.[12]This is because in future it may be

the consensus view that depleted uranium projectiles breaches one or more of the following

treaties:The Universal Declaration of Human Rights; the Charter of the United Nations;

the Genocide Convention; the United Nations Convention Against Torture; theGenevaConventions including Protocol I; the Convention on Conventional Weapons of 1980;

the Chemical Weapons Convention; and theConvention on the Physical Protection of Nuclear

Material.[13]

[edit]Purposes of the laws

Some of the central principles underlying laws of war are:

Wars should be limited to achieving the political goals that started the war (e.g., territorial

control) and should not include unnecessary destruction;

Wars should be brought to an end as quickly as possible;

People and property that do not contribute to the war effort should be protected against

unnecessary destruction and hardship;

To this end, laws of war are intended to mitigate the evils of war by:
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Protecting both combatants and noncombatantsfrom unnecessary suffering;

Safeguarding certain fundamental human rights of persons who fall into the hands of the

enemy, particularly prisoners of war, the wounded and sick, and civilians;

Facilitating the restoration ofpeace.

[edit]Example substantive laws of war

To fulfill the purposes noted above, the laws of war place substantive limits on the lawful exercise

of a belligerents power. Generally speaking, the laws require that belligerents refrain from

employingviolencethat is not reasonably necessary for military purposes and that belligerents

conduct hostilities with regard for the principles ofhumanity and chivalry.

However, because the laws of war are based on consensus, the content and interpretation of

such laws are extensive, contested, and ever-changing.[14] The following are particular examples

of some of the substance of the laws of war, as those laws are interpreted today.

[edit]Declaration of war

Main article: Declaration of war

Some treaties, notably the UN charter (1945) Article 2, and some other articles in the charter,

seek to curtail the right of member states to declare war; as does the olderKellogg-Briand Pactof

1928 for those nations who ratified it.

[edit]Lawful conduct of belligerent actors

Modern laws of war regarding conduct during war (jus in bello), such as the 1949 GenevaConventions, provide that it is unlawful for belligerents to engage in combat without meeting

certain requirements, among them the wearing of a distinctive uniform or other distinctive signs

visible at a distance, and the carrying of weapons openly. Impersonating soldiers of the other side

by wearing the enemy's uniform is allowed, though fighting in that uniform is unlawfulperfidy, as

is the taking ofhostages.

[edit]The Red Cross, Red Crescent, & the white flag

Modern laws of war, such as the 1949 Geneva Conventions, also include prohibitions on

attackingdoctors,ambulancesorhospital shipsdisplaying a Red Cross, a Red Crescent or otheremblem related to theInternational Red Cross and Red Crescent Movement. It is also prohibited

to fire at a person or vehicle bearing awhite flag, since that indicates an intent to surrender or a

desire to communicate.

In either case, persons protected by the Red Cross/Crescent or white flag are expected to

maintain neutrality, and may not engage in warlike acts; in fact, engaging in war activities under a
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protected symbol is itself a violation of the laws of war known asperfidy. Failure to follow these

requirements can result in the loss of protected status and make the individual violating the

requirements a lawful military target.

[edit]Applicability to states and individuals

The law of war is binding not only upon States as such but also upon individuals and, in

particular, the members of theirarmed forces. Parties are bound by the laws of war to the extent

that such compliance does not interfere with achieving legitimate military goals. For example,

they are obliged to make every effort to avoid damaging people and property not involved in

combat, but they are not guilty of a war crime if a bomb mistakenly hits a residential area.

By the same token, combatants that intentionallyuse protected people or property as shields or

camouflage are guilty of violations of laws of war and are responsible for damage to those that

should be protected.

[edit]Remedies for violations

During conflict, punishment for violating the laws of war may consist of a specific, deliberate and

limited violation of the laws of war in reprisal.

Soldiers who break specific provisions of the laws of war lose the protections and status afforded

asprisoners of war, but only after facing a "competent tribunal" (GC IIIArt 5). At that point they

become an unlawful combatantbut they must still be "treated with humanity and, in case of trial,

shall not be deprived of the rights of fair and regular trial", because they are still covered by GC

IVArt 5. For example in 1976 foreign soldiers fighting forFNLAwere captured by theMPLA in the

civil war that broke out when Angola gained independence from Portugalin 1975. In the Luanda

Trial, after "a regularly constituted court" found them guilty of being mercenaries, three Britons

and an American were shot by a firing squad on July 10, 1976. Nine others were imprisoned for

terms of 16 to 30 years.

Spies and terroristsmay be subject to civilian law or military tribunal for their acts and in practice

have been subjected to torture and/or execution. The laws of war neither approve nor condemn

such acts, which fall outside their scope. However, nations that have signed the UN Convention

Against Torturehave committed themselves not to use torture on anyone for any reason. Citizens

and soldiers of nations which have not signed the Fourth Geneva Convention are also not

protected by it (Article 4: "Nationals of a State which is not bound by the Convention are not

protected by it".), whether they are spies or terrorists. Also, citizens and soldiers of nations which

have not signed and do not abide by the Third and Fourth Geneva Conventions are not protected

by them. (Common Article 2: "[The High Contracting Parties] shall furthermore be bound by the
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The examples and perspective in this article may not representaworldwide view of the subject. Please improve this articleand

discuss the issue on the talk page.(September 2010)

While many point correctly to the Lieber Code, which was promulgated by the Union during

theAmerican Civil War, as critical in the development of the laws of land warfare,

[15]

oneresearcher who analyzed the evolution of these laws[16] concludes that "following the publication

of Liebers code as General Orders 100 in 1863, the United States did not effectively contribute

anything to The Hague Laws relating to land warfare as they evolved during this period."[17]This

was probably because the United States considered itself a sea power (with corresponding

significant participation and contributions to the law of the sea) and did not plan on getting

entangled in continental (European) land wars.

[edit]International treaties on the laws of war

see also List of international declarations

List of declarations, conventions, treaties and judgements and on the laws of war:[18][19][20]

1856 Paris Declaration Respecting Maritime Lawabolishedprivateering

1864 First Geneva Convention "for the Amelioration of the Condition of the

Wounded and Sick in Armed Forces in the Field"

1868 St. Petersburg DeclarationRenouncing the Use, in Time of War, of

Explosive projectiles Under 400 grams Weight

1874 Project of an International Declaration concerning the Laws and Customs ofWar (Brussels Declaration).[21] Signed in Brussels 27 August. This agreement never

entered into force, but formed part of the basis for the codification of the laws of war at

the 1899 Hague Peace Conference.[22][23]

1880 Manual of the Laws and Customs of War atOxford. At its session in

Geneva in 1874 theInstitute of International Lawappointed a committee to study

the Brussels Declaration of the same year and to submit to the Institute its opinion and

supplementary proposals on the subject. The work of the Institute led to the adoption of

the Manual in 1880 and it went on to form part of the basis for the codification of the

laws of war at the 1899 Hague Peace Conference.[23]

1899 Hague Conventions consisted of four main sections and three additional

declarations (the final main section is for some reason identical to the first additional

declaration):

I - Pacific Settlement of International Disputes

II - Laws and Customs of War on Land
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III - Adaptation to Maritime Warfare of Principles of Geneva Convention of 1864

IV - Prohibiting Launching of Projectiles and Explosives from Balloons

Declaration I - On the Launching of Projectiles and Explosives from Balloons

Declaration II - On the Use of Projectiles the Object of Which is the Diffusion of

Asphyxiating or Deleterious Gases

Declaration III - On the Use of Bullets Which Expand or Flatten Easily in the

Human Body

1907 Hague Conventions had thirteen sections, of which twelve were ratified and

entered into force and two declarations

I - The Pacific Settlement of International Disputes

II - The Limitation of Employment of Force for Recovery of Contract Debts

III - The Opening of Hostilities

IV - The Laws and Customs of War on Land

V - The Rights and Duties of Neutral Powers and Persons in Case of War on

Land

VI - The Status of Enemy Merchant Ships at the Outbreak of Hostilities

VII - The Conversion of Merchant Ships into War-Ships

VIII - The Laying of Automatic Submarine Contact Mines

IX - Bombardment by Naval Forces in Time of War

X - Adaptation to Maritime War of the Principles of the Geneva Convention

XI - Certain Restrictions with Regard to the Exercise of the Right of Capture in

Naval War

XII - The Creation of an International Prize Court [Not Ratified]*

XIII - The Rights and Duties of Neutral Powers in Naval War

Declaration I - extending Declaration II from the 1899 Conference to other types

of aircraft

Declaration II - on the obligatory arbitration

1909 London Declaration concerning the Laws of Naval Warlargely reiterated

existing law, although it showed greater regard to the rights of neutral entities. Never

went into effect.

1922 The Washington Naval Treaty, also known as the Five-Power Treaty(6

February)

1923 Hague Draft Rules of Aerial Warfare[24]
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1925 Geneva protocolfor the Prohibition of the Use in War of Asphyxiating,

Poisonous or Other Gases, and of Bacteriological Methods of Warfare[25]

1927-1930Greco-German arbitration tribunal

1928 Kellogg-Briand Pact(also known as the Pact of Paris)

1929 Geneva Convention, Relative to the treatment of prisoners of war

1929 Geneva Convention on the amelioration of the condition of the wounded

and sick

1930 Treaty for the Limitation and Reduction of Naval Armament (London Naval

Treaty22 April)

1935 Roerich Pact

1936 Second London Naval Treaty (25 March)

1938 Amsterdam Draft Convention for the Protection of Civilian Populations

Against New Engines of War.[26]

1938 League of Nationsdeclaration for the "Protection of Civilian Populations

Against Bombing From the Air in Case of War"[27]

1945 United Nations Charter(entered into force on October 24, 1945)

1946 Judgment of the International Military Tribunal at Nuremberg

1947 Nuremberg Principles. formulated underUN General Assembly Resolution

177 21 November 1947

1948 United NationsConvention on the Prevention and Punishment of the Crime

of Genocide.

1949 Geneva Convention I for the Amelioration of the Condition of the Wounded

and Sick in Armed Forces in the Field

1949 Geneva Convention II for the Amelioration of the Condition of Wounded,

Sick and Shipwrecked Members of Armed Forces at Sea

1949 Geneva Convention III Relative to the Treatment of P

Documents

Punishments and torture