Impunity for torture committed during armed conflict is not an option, OSCE human rights head says
WARSAW, 24 June 2022 – Ensuring accountability is the most effective means of ending the use of torture and ill-treatment committed during armed conflicts, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) said ahead of the International Day in Support of Victims of Torture on 26 June.
“The importance of holding perpetrators of torture to account is crucial if we are to prevent it taking place in the future,” said ODIHR Director Matteo Mecacci. “This also makes accountability an important factor in any peacebuilding efforts. And where impunity is tolerated, efforts to prevent torture cannot succeed.”
While torture and other ill-treatment are prohibited by international law, they remain widespread during armed conflict. The fact that prisoners of war are associated with enemy forces means that they are particularly at risk, even though torture or inhuman treatment of POWs are considered grave breaches of the Geneva Convention.
Women and girls are disproportionately vulnerable to sexual violence during armed conflict, which often amounts to torture and may be considered a war crime or crime against humanity under international humanitarian law. However, many victims are unwilling to report these crimes, often due to a sense of stigma and shame. Beyond the long-term consequences for survivors, sexual violence has an impact on the entire community, and failing to prosecute perpetrators can contribute to normalizing sexual violence and increase gender inequalities even after conflicts have ended.
At the same time, ensuring accountability for allegations of torture and other ill-treatment during armed conflict presents major challenges. These range from access to victims, through the ability to document allegations and preserve evidence, to the capacity and political will of states to adequately investigate these violations.
Torture or cruel, inhuman or degrading treatment or punishment are prohibited worldwide, and ODIHR works closely with its partners to move towards eradicating them entirely. All OSCE participating States have emphasized that no circumstance whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency can justify torture. In 2020, all the 57 states of the OSCE recognized that a special focus should be made on preventing torture and other cruel, inhuman, or degrading treatment or punishment during armed conflicts.