The definitions of genocide and torture are both highly contested, with various interpretations existing for each. When discussing the potentially problematic aspects of these two concepts, it is important to consider the differences between them and how they may be subject to different interpretations in different contexts.

First, when discussing genocide there is a great deal of debate surrounding its definition. The United Nations Convention on Genocide defines it as “any act committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group” (United Nations 1948). This suggests that only certain groups can be targeted under this definition – namely those based on nationality/ethnicity/race/religion – while other forms of violence against non-state actors such as political or gender-based violence could be overlooked. This could lead to some acts falling outside the scope of international legal protection which would leave victims vulnerable and result in impunity for perpetrators.