Communication 431/12 – Thomas Kwoyelo v. Uganda 200. Freedom from torture is one of the cardinal rules in international law that cannot be derogated from at any time and under any conditions and circumstances including in times of war and emergency. In line with this understanding, Common Article 3 of the Geneva Conventions of 1949 and Article 4(1) and 2(a)(e), (e) & (f) of the Additional Protocol II guarantee absolute freedom from torture, inhuman, and degrading treatment. 201. These rules under Common Article 3 and Additional Protocol II of the Geneva Conventions of 1949 make up what are known as ‘rules on the treatment of detainees’. These are norms that aim to protect the physical and mental integrity and well-being of persons deprived of liberty, whatever the reasons may be. As stipulated in Common Article 3 of the Geneva Conventions of 1949 and Articles 4 of Protocol II to the Geneva Conventions, the protection these IHL rules provide include the prohibition of murder, torture, cruel, inhuman or degrading treatment, mutilation, medical or scientific experiments, as well as other forms of violence to life and health. Clearly, there is substantive overlap in the acts prohibited in the IHL rules under Common Article 3 of the Geneva Conventions and Article 4 of Protocol II to the Geneva Conventions on the one hand and Article 5 of the African Charter. All of the acts listed are prohibited under both IHL and human rights law.49 These prohibitions apply at any time and in any place whatsoever.50 Irrespective of the circumstances, there is an absolute prohibition of torture, inhumane and degrading treatment. ICRC, n 34 above, pp. 15-16. The absolute character of these obligations is the same as that of a large number of rules in the Protocols and in international humanitarian law in general. In considering the nature of absolute obligations, the International Law Commission stated that: neither juridically, nor from the practical point of view, is the obligation of any party dependent on a corresponding performance by the others. The obligation has an absolute rather than a reciprocal character." It also means that no derogation is allowed, in line with the rule on derogations in the ICCPR, in particular with regard to arbitrary deprivation of life (Art. 6), torture and cruel, inhuman or degrading treatment or punishment (Art. 7) and slavery (Art. 8). International Committee of the Red Cross, Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) 8 June 1977, Commentary of 1987 – Fundamental Guarantees, available at https://ihldatabases.icrc.org/applic/ihl/ihl.nsf/Comment.xsp?action=openDocument&documentId=5CBB47A 6753A2B77C12563CD0043A10B 49 50 54 62nd Ordinary Session, 25 April – 9 July 2018