The Status of White Torture in International Criminal Law: A Comparative Analysis of the Rome Statute and the Convention against Torture

Abstract

White torture constitutes a systematic set of psychologically destructive techniques that directly target the psyche and personal identity of the victim without leaving overt physical traces. Methods such as prolonged solitary confinement, sensory deprivation, manipulation of temporal and spatial perception, and continuous humiliation are among the principal manifestations of this form of torture. Owing to its hidden and intangible nature, white torture frequently remains outside the effective scope of many traditional legal systems. The present study examines the extent to which the Rome Statute of the International Criminal Court (1998) provides a legal framework capable of identifying and prosecuting perpetrators of white torture. This research adopts a descriptive–analytical methodology with a comparative approach. The findings indicate that the Rome Statute—particularly through its explicit reference to “severe mental suffering” in Article 7(2)(e), the omission of the “specific purpose” requirement (in contrast to the Convention against Torture of 1984), and the definition of conduct committed against persons “in custody or under the control” of the perpetrator—offers a theoretically favorable basis for the recognition of white torture. However, the absence of a clear standard for assessing the severity of psychological suffering, the inherent difficulty of proving such forms of torture due to the lack of physical evidence, and the heavy burden of proof imposed on victims and prosecutors together constitute serious practical obstacles to the criminal prosecution of perpetrators of white torture. The conclusion of the study is that the effective realization of the capacities embedded in the Rome Statute requires the formulation of a coherent and intelligent criminal policy, the establishment of transparent evaluative criteria, and the strengthening of international cooperation—measures that play a fundamental role in safeguarding human rights and protecting human dignity within the framework of international criminal law.