Convention Against Torture (CAT)
1984-12-10
1994-10-21
Summary
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment requires states to take effective measures to prevent torture, prohibits refoulement (deportation to countries where torture is likely), and establishes universal jurisdiction over acts of torture. The U.S. ratified with reservations limiting the definition of torture.
Parties
U.S. Implementing Legislation
Torture Victim Protection Act of 1991
28 U.S.C. § 1350 note
Provides a civil cause of action in U.S. courts for victims of torture and extrajudicial killing committed under authority of a foreign nation.
Foreign Affairs Reform and Restructuring Act of 1998
8 U.S.C. § 1231 note
Implements the non-refoulement obligation by prohibiting removal of persons to countries where they would face torture.
Key Cases
Filártiga v. Peña-Irala, 630 F.2d 876 (2d Cir. 1980) — Torture violates the law of nations
Arar v. Ashcroft, 585 F.3d 559 (2d Cir. 2009) — Extraordinary rendition claims and CAT obligations
Related Treaties
Charter of the United Nations
1945-06-26 · Ratified
International Covenant on Civil and Political Rights (ICCPR)
1966-12-16 · Ratified
International Covenant on Economic, Social and Cultural Rights (ICESCR)
1966-12-16 · Signed, Not Ratified
Convention on the Prevention and Punishment of the Crime of Genocide
1948-12-09 · Ratified
Convention on the Rights of the Child (CRC)
1989-11-20 · Signed, Not Ratified