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This article explores the element of pain or suffering in the crime against humanity of torture from the perspective of international criminal law. It identifies the characteristics and requirements of this element through the study of the jurisprudence of ad hoc Tribunals and the ICC.

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This article identifies the characteristics of pain or suffering in the crime against humanity of torture within international criminal law while also defining the contribution of the European Court for Human Rights and human rights law to the definition of torture within international criminal law.

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This page is a summary of: Pain as the Essence of Torture: Exploring the Characteristics and Requirements of the Element of “Pain or Suffering” in the Crime Against Humanity of Torture, International Criminal Law Review, February 2024, Brill,
DOI: 10.1163/15718123-bja10174.
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