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International laws prohibiting torture are jus cogens. They're higher, compelling laws. No nation may pass laws permitting it. No courts may justify it. Jus cogens prohibitions allow no immunity from criminal liability.
Fourth Geneva's Article 27 states:
Protected persons "shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof...."Articles 31 and 32 say:
"No physical or moral coercion shall be exercised against protected persons."
"This prohibition applies to....torture (and) to any other measures of brutality whether applied by civilian or military agents."
Fourth Geneva's Article 147 calls "willful killing, torture or inhuman treatment....grave breaches" under the Convention and are considered "war crimes."
All four Geneva Conventions have a Common Article Three. It requires humane treatment for non-combatants at all times.
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