The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was adopted by the United Nations General Assembly on December 10, 1984, and came into force on June 26, 1987. The Convention, to which the United States and 144 other nations are signatories, prohibits torture and requires parties to the Convention to take effective measures to prevent torture in any territory under its jurisdiction. The Convention defines torture in Article 1.1 as: "Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions."

The United States has incorporated certain international prohibitions against torture and mistreatment of persons in custody into its domestic law. A federal anti-torture statute (18 U.S.C. § 2340A) enacted in 1994 provides for the prosecution of a United States national or anyone present in the United States who, while outside the United States, commits or attempts to commit torture. Torture is defined as an "act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control." A person found guilty under the act can be incarcerated for up to 20 years or, if the torture results in the victim’s death, receive the death penalty.

The War Crimes Act of 1996 (18 U.S.C. § 2441) makes it a criminal offense for United States military personnel and United States nationals to commit war crimes as specified in the 1949 Geneva Conventions. War crimes under the act include breaches of the Geneva Conventions, including violation of Article 3 to the Geneva Conventions, which prohibits "violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; …outrages upon personal dignity, in particular humiliating and degrading treatment."

Military contractors working for the Department of Defense might also be prosecuted under the Military Extraterritorial Jurisdiction Act ("MEJA") of 2000 (Public Law 106-778). MEJA permits the prosecution in federal court of United States civilians who, while employed by or accompanying United States forces abroad, commit certain crimes. Generally, the crimes covered are any federal criminal offense punishable by imprisonment for more than one year. The MEJA remains untested because the Defense Department has yet to issue necessary implementing regulations required by the law.