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Max Planck Encyclopedia of Public International Law [MPEPIL]

Torture, Prohibition of

David Kretzmer

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 24 September 2022

Torture — Detention — Derogations — Non-refoulement

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 The antecedents of the modern prohibition of torture in international law lie in the prohibition of mistreatment of prisoners of war. The first express mention of torture in this context appears in Art. 16 Instructions for the Government of Armies of the United States in the Field of 1863—the so-called Lieber Code—which states that military necessity does not admit cruelty, including ‘torture to extort confessions’. The Hague Convention respecting the Laws and Customs of War on Land of 1907, while not expressly mentioning torture, demands in its Art. 4 that...
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