Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
The Congo’s Disciplinary Regulations (1986) prohibits torture and inhuman treatment of the wounded and sick, shipwrecked, prisoners of war and civilians.
Under the Congo’s Genocide, War Crimes and Crimes against Humanity Act (1998), “causing serious bodily or mental harm” to the members of an ethnical, racial or religious group, as such, with intent to destroy the group, in whole or in part, constitutes a crime of genocide.
Moreover, under the Act, “torture”, when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack, is a crime against humanity.
The Act further defines war crimes with reference to the categories of crimes defined in Article 8 of the 1998 ICC Statute.