The law of interrogations : Issue of torture and ill-treatment

Defence nationale THE LAW OF INTERROGATIONS THE ISSUE OF TORTURE AND ILL-TREATMENT OFFICE OF THE JUDGE ADVOCATE GENERAL STRATEGIC PAPER SERIES – ISSUE 1 (BILINGUAL) Issued on Authority of the Chief of the Defence Staff. [...] The Strategic Legal Analysis Papers do not therefore necessarily represent the views of the Office of the Judge Advocate General, the Canadian Forces, the Department of National Defence or the Government of Canada and should not be taken to do so. [...] The GCs do not explicitly define humane treatment or inhumane treatment.20 A sense of the meaning of these terms, however, is developed through reference to positive and negative obligations relating to the treatment and interrogation of persons.21 In this respect, the specific provisions of the GCs and Additional Protocols I22 (API) and II23 (APII) further particularize the content and scope of t [...] As is discussed below, both the GCIII, relative to prisoners of war,24 and GCIV, relative to the protection of civilian persons in time of war,25 elaborate on the principle of humane treatment and explicate the standard of treatment and concomitant prohibited conduct. [...] In the prisoner of war (PW) context, the general obligation is simply stated: “Prisoners of war must at all times be humanely treated.”27 The ICRC Commentary to the GCs explains that the drafters added “at all times” to prevent any derogation from the principle of humanity by reference to the exigencies of the conflict.28 Simply put, the notion of “military necessity” cannot be invoked to modify t