As of May 23, 2014, 155 states are parties to the Convention against Torture.
Rome Statute of the International Criminal Court
Main article: International Criminal Court
The Rome Statute, which established the International Criminal Court (ICC), provides for criminal prosecution of individuals responsible for genocide, war crimes, and crimes against humanity. The statute defines torture as "intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions". Under Article 7 of the statute, torture may be considered a crime against humanity "when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack".[59] Article 8 of the statute provides that torture may also, under certain circumstances, be prosecuted as a war crime.
Geneva Conventions
The four Geneva Conventions provide protection for people who fall into enemy hands. The conventions do not clearly divide people into combatant and non-combatant roles. The conventions refer to:- "wounded and sick combatants or non-combatants"
- "civilian persons who take no part in hostilities, and who, while they reside in the zones, perform no work of a military character"[66]
- "Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces"
- "Members of other militias and members of other volunteer corps, including those of organized resistance movements"
- "Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power"
- "Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces"
- "Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units".[67]
GCI covers wounded combatants in an international armed conflict. Under Article 12, members of the armed forces who are sick or wounded "shall be respected and protected in all circumstances. They shall be treated humanely and cared for by the Party to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria. Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments".