2 | P age b Rights (IACHR) 7 , the 1981 African Charter on Human and Peoples' Rights (ACPHR) 8 , the 1984 Convention against Torture or Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) 9 , and the 1990 Convention on the Rights of the Child (CRC). 10 Except UNCAT, none of these international human rights instruments clearly provide a definition for the term “torture”. 11 But this definition is neither full-bodied nor acceptable in other sphere of international law. 12 In one instance International Criminal Tribunals for the Former Yugoslavia (ICTY) held that the definition of torture under article 1 of UNCAT cannot be regarded as binding in every context since it is not definition of torture under international customary law. 13 However the broad convergence of the main international instrument and international jurisprudence suggests the general acceptance of the main elements contained in the definition set out under article 1 of UNCAT, which can be deduced from reference made to the UNCAT definition by different human rights bodies and criminal tribunals. 14 Though the application and acceptance of the definition of torture in other international law is remained to be debatable, most international American Convention on Human Rights, (adopted in 22 November 1969, entered into force 27 August 1978) O.A.S.T.S. No. 36 hereinafter ACHR) Art. 5. 8 African Charter on Human and Peoples' Rights (adopted27 June 1981, entered into force 21 October 1986) 21 ILM 58 hereinafter ACHPR) Art. 5. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (adopted 10 December 1984, entered into force in June 26, 1987) 1465 U.N.T.S. 85 Hereinafter UNCAT). Convention on the Rights of the Child (adopted in Nov. 1989, entered into force 2 Sept. 1990) 1577 U.N.T.S. 3 Hereinafter CRC) Art. 37. 11 UNCAT article 1/1 defines Torture as For the purpose of this Convention, the term torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a 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 officials or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanction. R. Nigel, The Definition of Torture under International Law (Oxford Oxford University Press 2002) 468-493. R. Lord, note 3, 26-27. The author concluded that the international ad hoc criminal court for the former Yugoslavia (ICTY) propose some change in the definition of torture provided under the UNCAT, stating that this definition is not representative of definition of torture under international customary law, rather it is definition for the purpose of the convention. See for instance the following cases before ECt.HR and ICTY, respectively, Selmouni v France Application No. 25803/94, ECtHR, July 1999; Prosecutor v Delalic et al. (Judgment) ICTY-96-21-TC (16November 1998).
