On October 25, 2024, Mr. Paul Habsburg, Diplomatic Trainee, delivered a statement at the United Nations General Assembly Third Committee on the topic of “Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.”
Opening the session, Ms. Alice Jill Edwards, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, presented her report, calling for a fundamental rethink on how sexual violence in wartime and other crises is addressed. She described conflict-related sexual violence as a pervasive and relentless crime, noting that in the past year alone, she has received reports of sexual torture in nearly 30 armed conflicts, underscoring the need for a new approach.
Ms. Edwards highlighted that legal frameworks addressing torture and other cruelty offer significant advantages over current measures against sexual violence. She pointed out that the prohibition of torture, which is binding on all states, provides critical protections absent from sexual violence frameworks. Unlike domestic laws governing sexual offenses, international law does not allow for amnesty or time limits on prosecutions or rehabilitation for survivors of torture. She stressed that torture is unequivocally prohibited under international law, without exceptions for orders from superiors.
The Special Rapporteur warned of the widespread nature of torture, including sexual torture, in more than 120 conflicts globally. She specifically cited ongoing conflicts in Ukraine, Israel-Palestine, Sudan, Syria, and the Democratic Republic of Congo, where reports of torture, including sexual violence, have emerged. She noted that while sexual torture is not new, its prevalence and intensity in modern conflicts demand a reconsideration of prevention, investigation, and prosecution strategies to end impunity.
Ms. Edwards acknowledged the progress made under the Women, Peace, and Security (WPS) agenda and relevant UN Security Council Resolutions, particularly in recognising the role of women in peace processes. However, she emphasised that sexual torture affects all demographics—women, men, children, civilians, and soldiers alike—and that recognising all victims is essential to healing and preventing future conflicts. She called for clear protections for victims and harsh penalties for perpetrators.
The Special Rapporteur underscored that acts of sexual violence causing severe physical or mental pain to civilians or prisoners of war, for purposes such as interrogation, punishment, intimidation, or discrimination, constitute torture. She shared her experiences meeting survivors of sexual torture, who endure lasting physiological, psychological, reproductive, and socio-economic impacts. She stressed that these acts are designed to inflict deep, enduring pain and humiliation, while the stigma associated with them leads to underreporting and delays in investigations.
Ms. Edwards urged a shift in perspective—by framing sexual violence as torture, society can move focus from victims to perpetrators, reducing stigma and empowering leaders to support survivors. As she concluded, she acknowledged the 40th anniversary of the Convention against Torture, which has led to progress in many countries. Yet, she emphasised that much remains to be done, calling on all states to renew their commitment to eradicating torture.
In his statement, Mr. Habsburg condemned the ongoing practice of torture and cruel, inhumane treatment worldwide, highlighting it as a violation of human dignity that the international community must work to eradicate. Quoting Pope Francis, he emphasised the need to prioritise human dignity above all and criticised the persistence of torture as a failure of collective standards. Mr. Habsburg recognised the UN Convention Against Torture as a crucial framework for accountability, though stressing that its effectiveness depends on the commitment of member states to uphold its principles.
Mr. Habsburg outlined the Sovereign Order of Malta’s dedication to supporting torture victims, especially in conflict zones and refugee camps, where individuals are highly vulnerable and often lack representation. He specifically mentioned the Order’s work in Ukraine, where it provides essential medical and psychological support to displaced individuals. Through this work, Mr. Habsburg added, the Order encounters distressing cases of torture, reinforcing its resolve to combat these abuses. He urged for strengthened international cooperation and action to eliminate torture, calling on all nations to translate condemnation into tangible, on-the-ground impact.
