E/CN.4/2006/120 page 32 46 Articles 6 (b) and (c) of the 1945 Charter of the Nuremberg International Military Tribunal; Principle IV (b) and (c) of the Principles of International Law Recognized in the Charter of the Nürnberg Tribunal and the Judgement of the Tribunal; articles 2 (b) and 5 (f) of the 1993 Statute of the International Criminal Tribunal for the Former Yugoslavia; articles 7 (1) (f) and 8 (2) (a) (ii) of the 1998 Rome Statute for the International Criminal Court. 47 See Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 2004. Vol. 1, 183 and vol. 1, 286. Reservations to ICCPR at http://www.ohchr.org/english/countries/ratification/4_1.htm “(3) That the United States considers itself bound by article 7 to the extent that ‘cruel, inhuman or degrading treatment or punishment’ means the cruel and unusual treatment or punishment prohibited by the Fifth, Eighth, and/or Fourteenth Amendments to the Constitution of the United States.” Reservations to ICCPR at http://www.ohchr.org/english/countries/ratification/9.htm#reservations (1) That the United States considers itself bound by the obligation under article 16 to prevent “cruel, inhuman or degrading treatment or punishment”, only insofar as the term “cruel, inhuman or degrading treatment or punishment” means the cruel, unusual and inhumane treatment or punishment prohibited by the Fifth, Eighth, and/or Fourteenth Amendments to the Constitution of the United States. See Multilateral Treaties deposited with the Secretary-General, Status as at 31 December 2004. Vol. 1, 183 and vol. 1, 286. 48 Conclusions and Recommendations of the Committee against Torture: United States of America. 15/05/2000 A/55/44, paras. 175-180. “179. The Committee expresses its concern about: (a) The failure of the State party to enact a federal crime of torture in terms consistent with article 1 of the Convention; (b) The reservation lodged to article 16, in violation of the Convention, the effect of which is to limit the application of the Convention; [...] 180. The Committee recommends that the State party: (a) Although it has taken many measures to ensure compliance with the provisions of the Convention, also enact a federal crime of torture in terms consistent with article 1 of the Convention and withdraw its reservations, interpretations and understandings relating to the Convention;” and Concluding Observations of the Human Rights Committee: United States of America. 03/10/95. CCPR/C/79/Add.50; A/50/40, paras. 266-304. “279. The Committee regrets the extent of the State party’s reservations, declarations and understandings to the Covenant. It believes that, taken together, they intended to ensure that the United States has accepted only what is already the law of the United States. The Committee is also particularly concerned at reservations to article 6, paragraph 5, and article 7 of the Covenant, which it believes to be incompatible with the object and purpose of the Covenant. […] 292. The Committee recommends that the State party review its reservations, declarations and understandings with a view to withdrawing them, in particular reservations to article 6, paragraph 5, and article 7 of the Covenant.” 49 E.g. US President in a February 2002 memorandum reiterated the standard of “humane treatment” (see Church report, p. 3); also: During a visit to Panama on 7 November 2005 President Bush said: “Our country is at war, and our government has the obligation to protect the American people. […] And we are aggressively doing that. […] Anything we do to that effort, to that end, in this effort, any activity we conduct, is within the law. We do not torture.”