Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
Italy’s IHL Manual (1991) provides that, in occupied territories, civilians shall not be subject to brutality and torture. It also stipulates that the ill-treatment of prisoners of war is a war crime.
Italy’s Wartime Military Penal Code (1941) provides for the punishment of any member of the military who tortures or ill-treats prisoners of war while escorting, guarding or holding them in custody. It also punishes acts of violence or threats of injuries to prisoners of war, as well as forcing them to provide information which would compromise the interests of their country.
The Wartime Military Penal Code (1941), as amended in 2002, states:
Except when the fact constitutes a more serious offence, the serviceman who, for reasons associated with the war, is guilty of torture or inhuman treatment … against war prisoners, civilians or other persons protected by international conventions, is punished with two to five years military imprisonment.