D. DIFFERENT CATEGORIES OF HUMAN RIGHTS AND HUMANITARIAN LAW VIOLATIONS Under restricted circumstances, such as during periods of ‘public emergency’ (which may be declared in situations of armed conflict), States are allowed to impose some limitations on the rights afforded to individuals under international human rights law.32 However, even in those circumstances, certain fundamental rights may not be suspended. These include the right not to be arbitrarily deprived of life; freedom from torture and other ill-treatment; and freedom of thought, religion, or conscience.33 Further, in the context of a non-international armed conflict, the protections provided by international humanitarian law will apply. These include protection from inhumane or degrading treatment; violence; unfair trials; and restrictions on methods of warfare. The following table sets forth the elements that the documentation team must document in order to prove violations of international human rights and/or humanitarian law. Type of violation Torture by a State actor Elements that need to be In violation of In violation proven international of human rights law? international humanitaria n law? Yes—note that Yes  Infliction of severe mental or physical pain or human rights law does not permit suffering  Consent or acquiescence of torture even in periods of public state authorities  For a specific purpose, e.g. emergency.  Torture by a nonState actor (e.g. Syrian opposition forces)   gaining information, punishment, intimidation, humiliation This includes rape and other forms of sexual violence. Infliction of severe mental Not covered (when Yes or physical pain or committed by a non-state actor) suffering For a specific purpose, e.g. gaining information, punishment, intimidation, 21

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