Comparative Analysis of the Concepts of Torture and Inhumane Treatment in International Law: Perspectives from UN Human Rights Bodies, the European Court of Human Rights, and International Criminal Tribunals

This Saar Blueprint offers a comparative analysis of the legal concepts of torture and inhumane treatment under international law focusing on the interpretative frameworks developed by United Nations human rights bodies, the European Court of Human Rights, and international criminal tribunals. While the prohibition of torture is universally recognised as a jus cogens norm, its precise legal specificities vary across institutions. The study begins by identifying the core definitional elements of torture, including severity, intent, purpose, and official involvement. It then examines the jurisprudence of key international bodies highlighting divergent approaches to categorising acts of ill-treatment. Particular attention is paid to the treatment of mental and sexual violence, as well as the evolving thresholds for torture over time. The author reveals that although these regimes share a foundational commitment to the absolute prohibition of torture, their interpretations reflect different legal mandates and procedural contexts. The findings underscore the importance of a comparative perspective in understanding how international law evolves to protect human dignity in both peacetime and conflict.