The crime of torture:the involvement of a public official or other person acting in an official capacity

Nowadays, the prohibition of torture is a cornerstone norm in international human rights law. Aside from being inserted in various international legal instruments, the Convention against Torture and Other Cruel, Inhuman or Degrading Punishment or Treatment (hereafter UNCAT or UN Convention against Torture) is the main legal instrument specifically designed to deal with the prohibition of torture at the international level. According to the Committee against Torture, the UN Convention against Torture also provides the criminal definition for the discrete crime of torture. This thesis aims to shed light on the interpretation of one of the elements of the definition of the discrete crime of torture, i.e. the requirement that the severe pain and suffering be 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". This is done with reference to 1) preparatory works of various international legal instruments displaying similar expressions, 2) domestic debates and jurisprudence clarifying the meaning of these terms and 3) the regime of state responsibility. The thesis concludes by providing meaningful interpretations for the terms 'public official' and 'other person acting in an official capacity'. Moreover, this thesis discusses the notions 'instigation', 'consent' and 'acquiescence' to understand the role these terms play in the ascription of individual criminal responsibility. Overall, this thesis contributes to clarifying who can be held criminally responsible for the discrete crime of torture and how far this crime can be 'privatised' in accordance to the UNCAT's definition.