All forms of torture and illtreatment of detainees, whoever and wherever they are and whatever their status, are prohibited under international human rights law ( which applies to states) and international humanitarian law (which applies to parties to a conflict, whether states or non-state actors). The prohibition is binding on all states, regardless of whether they have signed the relevant treaties, and cannot be suspended, whatever the circumstances Torture is normally defined as the purposeful inflicting of severe pain or suffering, whether physical or mental.

Courts have ruled that prohibited ill-treatment short of torture cruel, inhuman or degrading treatment includes sleep deprivation, withholding of food and drink, stress positions, hooding and subjection to bright lights or loud noise. However, US domestic law appears to set a higher tolerance threshold International law not only bans torture but requires detainees to be humanely treated at all times. This includes adequate living conditions and respect for their persons, honour, family rights, religious convictions and practices, and their manners and customs, as well as protection against all acts of violence or threats thereof and against insults and public curiosity. Torture and cruel or inhuman treatment count as grave breaches of the Geneva Conventions or war crimes.