The intentional infliction of severe physical or mental pain or suffering on a person, typically by or with the consent of a public official, for purposes such as obtaining information or a confession, punishment, intimidation or discrimination. It is prohibited absolutely under international law, including the United Nations Convention against Torture, with no exception permitted even in wartime or a declared national emergency, and is prosecutable as a war crime or crime against humanity when committed in the relevant context under the Rome Statute. Many domestic legal systems also criminalize torture as a standalone offense distinct from ordinary assault, reflecting the aggravated breach of trust involved when a perpetrator acts under color of state authority.
Facts
Classification CodeTorture is classified as both a war crime and a crime against humanity under the Rome Statute of the International Criminal Court when committed in the relevant context, in addition to being independently prohibited outright by the United Nations Convention Against Torture, which has been ratified by 174 states. 1 Typical PenaltyUnder 18 U.S. Code section 2340A, torture committed outside the United States is punished by a fine, up to 20 years imprisonment, or both, rising to death or life imprisonment when the victim dies as a result. 2 Elements of OffenseThe United Nations Convention against Torture defines torture in its Article 1 as any act intentionally inflicting severe physical or mental pain or suffering for a purpose such as obtaining information or a confession, punishment, or intimidation or discrimination, when that pain or suffering is inflicted by or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity; pain or suffering arising only from lawful sanctions is excluded. 3 Jurisdiction VariationUnited States federal law asserts extraterritorial jurisdiction over torture committed outside the United States whenever the offender is a US national or is simply present in the United States regardless of the victim's or the offender's own nationality, a broader jurisdictional reach than an ordinary domestic offense typically carries. 2 Classification
Offense GradeSerious or Indictable Offense 1 In the Other Atlases
Sources
1. Cornell LII Wex: Torture
Main definition paragraph
Torture refers to the infliction of severe pain and suffering, as punishment, as coercion, or for the purposes of obtaining information or a confession.
Wex entry, second and third sentences
Torture is prohibited by the United Nations Convention Against Torture, which has been ratified by 174 states. As codified in the Rome Statute for the International Criminal Court, torture is both a war crime and a crime against humanity.
View the Source2. 18 U.S. Code section 2340A (Cornell LII)
Cornell Law School, Legal Information InstituteSection 2340A(b) jurisdiction paragraph
There is jurisdiction over the activity prohibited in subsection (a) if, (1) the alleged offender is a national of the United States; or (2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.
Section 2340A(a) penalty clause
Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.
View the Source 3. Convention against Torture (Wikipedia)
Main provisions, Definition of torture section, Article 1.1 quotationQuote, Main provisions, Definition of torture section, Article 1.1 quotation
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 official or other person acting in an official capacity
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