ICCPR is legally binding upon a state for acts occurring outside its territory, interpreting Article 2(1) of the ICCPR as applying to all persons who are within a state’s territory or otherwise subject to a state’s jurisdiction, including when outside of a state’s territory. The Human Rights Committee clearly stated that “a State party must respect and ensure the rights laid down in the Covenant to anyone within the power or effective control of that State party, even if not situated within the territory of the State Party”.68 Similarly, the ICJ concluded in its Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory that the ICCPR “is applicable in respect of acts done by a State in the exercise of its jurisdiction outside its own territory”.69 The Human Rights Committee has similarly specified that: “[t]his principle also applies to those within the power or effective control of the forces of a State Party acting outside its territory, regardless of the circumstances in which such power or effective control was obtained, such as forces constituting a national contingent or a State Party assigned to an international peace-keeping or peace-enforcement action”.70 122. In other words, a state, whenever exercising effective control over a person in another territory, has the same obligations to respect, protect and fulfil human rights as in “its own territory”. This applies to the situation at Guantánamo as a result of the international lease agreement between the United States and Cuba, which specifies that “the United States shall exercise complete jurisdiction and control over and within the said areas” during the period of occupation of these areas.71 The high level of US control over Guantánamo and the persons in it is further emphasized by the United States Supreme Court decisions that allowed detainees to challenge their detention in federal courts in the United States72 and that provided Guantánamo detainees with the right to habeas corpus under Article 1 Section 9 of the US Constitution.73 123. Similarly, Article 2(1) of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) requires that each State party take effective measures to prevent torture on its territory, as well as any territory under its jurisdiction.74 This requirement is extended to cruel, inhuman and degrading treatment or punishment under Article 1675 of the CAT.76 The United States has now clarified its position before the 68 UN HRC, General Comment No. 31, op. cit., note 36, para. 10. ICJ, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, op. cit., note 37, para. 111. 70 UN HRC, General Comment No. 31, op. cit., note 36, para. 10. 71 Agreement Between the United States and Cuba for the Lease of Lands for Coaling and Naval Stations, Havana, 23 February 1903, Art. III, <http://avalon.law.yale.edu/20th_century/dip_cuba002.asp>. 72 United States Supreme Court, Shafiq Rasul et al. v. George W. Bush, Case Nos. 03-344, 03-343, 28 June 2004, <https://supreme.justia.com/cases/federal/us/542/466/opinion.html>. 73 United States Supreme Court, Lakhdar Boumediene et al. v. George W. Bush, Case Nos. 06-1195 and 06-1196, 12 June 2008, <https://supreme.justia.com/cases/federal/us/553/06-1195/>. 74 “Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.” CAT, New York, 10 December 1984, Art. 2(1), <http://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx>. 75 “Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.” CAT, Art. 16(1). 76 UN Committee against Torture (UN CAT), General Comment No. 2: Implementation of Article 2 by States parties, CAT/C/GC/2, 24 January 2008, para. 3, <http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CAT%2fC%2fGC%2f2&Lang=en>. 69 47