Torture is illegal under both US and international law. Several international agreements ban torture, all ratified by the US. The majority of these treaties and declarations do not specifically define torture. One of the sole definitions comes from the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment [PDF], which defines torture as

severe pain or suffering, whether physical or mental, [that] 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 the 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 of or acquiescence of a public official or other person acting in an official capacity.

The oldest of these international agreements prohibiting torture is the Universal Declaration of Human Rights [PDF] (UDHR). The UDHR was adopted by the United Nations (UN) General Assembly in 1948. Article 5 is the only part of the UDHR to mention torture. It provides that “no one shall be subjected to torture or to cruel, inhumane or degrading treatment or punishment.”

The Geneva Conventions further expand on the illegality of torture under international law. Convention III relative to the Treatment of Prisoners of War [PDF], and Convention IV relative to the Protection of Civilian Persons in Time of War, are two of the four treaties that compromise the Geneva Conventions. Both entered into force on October 21, 1950 and were then ratified by the US on February 8, 1955. Convention III makes it illegal for member States to use torture on prisoners of war. Article 3 states that “violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture” are prohibited from being used against prisoners of war and persons who did not take part in the conflict. Article 17 prohibits the use of torture when questioning prisoners. Similarly, Article 87 forbids the use of torture to punish prisoners. Article 130 states the use of torture is a breach of Convention III. Convention IV similarly prohibits torture on civilians during times of war.

The International Covenant on Civil and Political Rights (ICCPR) is a 1976 UN treaty that the US ratified in 1992. This treaty establishes the civil and political rights of all individuals, and its foundation lies in the UDHR. Article 7 provides “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” The most recent international treaty banning torture is the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment [PDF]. This 1987 treaty was ratified by the US in 1994. Article 17 establishes a UN Committee Against Torture and grants it the power to investigate reliable claims of torture made against one of the convention’s member States.

The US has not ratified the Optional Protocol to the ICCPR and the Optional Protocol for the Convention against Torture. The Optional Protocol for the ICCPR establishes an individual complaint mechanism for people who claim their rights under the ICCPR have been violated. The Optional Protocol for the Convention against Torture creates a subcommittee to carry out regular visits to places of detention to prevent any forms of torture or other inhumane or degrading treatments.