UN experts call for States to uphold absolute prohibition of torture in armed conflict

GOOBJOOG NEWS: As the world marks the International Day in Support of Victims of Torture, the UN anti-torture mechanisms call on States to uphold the absolute prohibition of torture.

UN experts say torture and other grave human rights violations continue to be widely reported across many armed conflicts.

“Today, more than 100 armed conflicts are ongoing worldwide, devastating communities, winding back development, and posing severe obstacles to the protection and enjoyment of human rights.”

The UN human rights experts adds that the protections of international human rights law do not cease to be applicable in situations of conflict.

They further argue that prohibition against torture is a jus cogens norm of international law, a fundamental principle that applies at all times and in all circumstances.

“The Committee regularly reminds States of their obligations under the Convention to ensure that education and information regarding the prohibition against torture are fully included in the training of military personnel, especially those charged with duties related to detention,” the experts argues.

Adding, “States must take a zero-tolerance approach in investigating and prosecuting acts of torture committed by their regular armed forces, and those forces under their effective control,” said Claude Heller, Chairperson of the Committee against Torture. “A vital first step in this is the explicit criminalization of torture at the domestic level.”

Suzanne Jabbour, Chairperson of the Subcommittee on Prevention of Torture, urged States to “ensure that, also in situations of armed conflict, all possible measures are taken to allow NPMs and other detention monitoring bodies continued access and monitoring to all places of deprivation of liberty.”

Jabbour also called on non-State actors to facilitate similar access, stressing that “the prevention of torture is a must in all circumstances and in the interest of all parties to a conflict.”

Armed conflict poses significant challenges to the rule of law and the functioning of State institutions. Continued monitoring and documentation of acts of torture during armed conflict is essential to ensure effective investigations and prosecutions.

“War and civil conflicts can provide cover for torturers to behave with impunity”, said Alice Jill Edwards, the Special Rapporteur on Torture. “Today I am cautioning States and individuals that the use of torture is completely unacceptable and prohibited. Perpetrators must be held to account. Soldiers have a special duty to disobey orders to carry out torture or other ill-treatment and States must establish laws to protect them against prosecution for doing so. Everyone must stand up to torturers and those who condone it.”