§ 1. General provisions
Section 1
1. For the purposes of this Act:
(d) ‘torture’ as referred to in section 4, subsection 1 (f), section 5, subsection 1 (b) and section 6, subsection 1 (a) means the intentional infliction of severe physical or mental pain or suffering upon a person who is in the custody or under the control of the accused, subject to the proviso that the pain or suffering does not result solely from, and is not inherent in or incidental to, lawful sanctions;

§ 1. General provisions
Section 1
1. For the purposes of this Act:
(e) ‘torture’ as referred to in section 8 means the torture as defined in (d) – by or on behalf of a government authority – of a person with a view to extracting information or a confession from him or from a third person, punishing him for an act he or a third person has committed or is suspected of committing, or intimidating him or a third person, or coercing him to do or permit something, or for any reason based on discrimination on any ground whatever;

§ 2. Crimes
Section 6
1. Anyone who, in the case of an armed conflict not of an international character, commits a violation of article 3 common to all of the Geneva Conventions, namely the commission against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those who are placed hors de combat by sickness, wounds, detention, or any other cause, of one of the following acts:
(a) violence to life and person, in particular killing of all kinds, mutilation, cruel treatment and torture (as defined in section 1 (1) (d));
shall be liable to life imprisonment or a term of imprisonment not exceeding thirty years or a sixth category fine.

§ 2. Crimes
Section 8
1. Torture committed by a public servant or other person working in the service of the authorities in the course of his duties shall carry a sentence of life imprisonment or a term of imprisonment not exceeding twenty years or a fifth category fine.
2. The following shall be liable to similar sentences:
(a) a public servant or other person working in the service of the authorities who, in the course of his duties and by one of the means referred to in Article 47, paragraph 1 (ii), of the Criminal Code, solicits the commission of torture or intentionally permits another person to commit torture;
(b) a person who commits torture, if this has been solicited or intentionally permitted by a public servant or another person working in the service of the authorities, in the course of his duties and by one of the means referred to in Article 47, paragraph 1 (ii), of the Criminal Code.

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:
(i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture

This provision follows the ICC Statute.

The International Crimes Act 2003 adopts the definition of torture as a crime against humanity under Article 7 of the Rome Statute. The definition in the International Crimes Act 2003 does not require the act to be committed with a particular purpose. A list of purposes for which the act of torture must be committed under the Rome Statute is found in the Elements of Crimes. The customary definition of torture allows the act to be committed for a number of purposes, which have been outlined by the ICRC (Jean-Marie Henckaerts and Louise Doswald-Beck, Customary International Humanitarian Law, Vol. 1: Rules, Cambridge: Cambridge University Press, 2005, pp. 317-318). This list of purposes is not exhaustive. Intimidation and coercion are inherent in every form of torture, so these would be punishable even if inflicted for other puposes. (Éric David, Principes de Droit des Conflits Armés, Bruxelles: Bruylant, 2002, p. 681). When committed not as a war crime or crime against humanity, the International Crimes Act 2003 requires the act to be committed with one of the listed purposes, and requires the presence of a State official.