10. Both the International Court of Justice (ICJ) and the UN Human Rights Committee have clarified that international human rights obligations contained in the ICCPR do apply to anyone who is under the power or effective control of a State party, even if situated outside its territory. This applies to the situation at Guantánamo and the United States has therefore the same obligations to respect, protect and fulfil human rights in Guantánamo as in its own territory. In addition, United States did not notify any derogation from the ICCPR. Similarly, the United States’ obligations under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment (CAT) apply to any territory under its jurisdiction. 11. The Guantánamo detainees captured in the context of the international armed conflict in Afghanistan were therefore entitled, until the end of the conflict, to protections under both international human rights law and international humanitarian law. International human rights standards alone should govern the arrest and detention of the many Guantánamo detainees apprehended outside and/or unconnected to any armed conflict. 12. ODIHR has not sought to carry out an individual analysis of the status of the detainees. The US concepts of “unlawful enemy combatant” and “unprivileged enemy belligerent” appear to encompass individuals that never directly participated in hostilities. ODIHR underlines that such concepts do not create a separate status that justifies placing the Guantánamo detainees outside the protections of international humanitarian law. Both combatants and civilians are entitled to the protections provided for in the Geneva Conventions. With regard to the rights, status and protections of detainees, the definition of civilian includes all detainees who do not fall within the definition of combatant (applicable to international armed conflict only and under strict criteria under international humanitarian law) as well as detainees who were not arrested in the context of an armed conflict. The “global war against terrorism” is not capable of conferring the status of combatant on persons detained for conduct outside of an armed conflict. Therefore, detainees at Guantánamo, including those charged before the military commissions, do include civilians. HUMAN RIGHTS ISSUES IN THE DETENTION OF INDIVIDUALS AT GUANTÁNAMO Prohibition of arbitrary detention 13. Detention at Guantánamo. While the United States likely had authority to detain some of the Guantánamo detainees based on their direct participation in hostilities, a significant proportion of the detainees were apprehended outside any armed conflict involving the United States at the time of their arrest. The prohibition of arbitrary arrest and detention as guaranteed under international human rights law should have unquestionably and fully applied to these individuals throughout their detention. Acts of terrorism committed outside an armed conflict are to be treated as criminal, requiring law enforcement responses in line with international human rights standards and OSCE commitments. 14. The detention of individuals directly involved and apprehended in the context of the international armed conflict in Afghanistan (7 October 2001-19 June 2002) was to be 9