321. These principles first require states to ensure that they do not enact discriminatory laws, and that their laws are not applied in an arbitrary and/or discriminatory manner.735 The term discrimination refers to “any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms”.736 However, not every differentiation of treatment amounts to prohibited discrimination. Discrimination under the ICCPR is found where the differential treatment is not justified by reasonable and objective criteria and does not aim to achieve a legitimate purpose under the ICCPR.737 322. While nationality is not explicitly listed among the prohibited grounds of discrimination in Articles 2 and 26 of the ICCPR, it falls under the category of “other status”.738 Furthermore, the vast majority of the rights protected under the Covenant, including the principles of equal protection by the law, equality before the courts and tribunals, and the right to a fair trial in general, are to be “guaranteed without discrimination between citizens and aliens”.739 It follows that they are applicable to citizens and non-citizens alike, and “may be qualified only by such limitations as may be lawfully imposed under the [ICCPR]”.740 323. The principle of equality before the courts and tribunals requires that “similar cases are dealt with in similar proceedings”.741 Reading Article 14 of the ICCPR in conjunction with Articles 2 or 26, the Human Rights Committee has held that “[p]rocedural laws or their application that make distinctions based on any of the criteria listed in article 2, paragraph 1 or article 26 (…) to the enjoyment of the guarantees set forth in article 14 of the Covenant, not only violate the requirement of paragraph 1 of this provision that ‘all persons shall be equal before the courts and tribunals,’ but may also amount to discrimination”.742 324. Discrimination in the application of international humanitarian law is also prohibited by Common Article 3, Articles 9(1) and 75(1) of API, and relevant provisions of the Third 734 These include, for instance, OSCE Copenhagen Document, op. cit., note 80, para. 5.9: “all persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law will prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground”. See, also, OSCE Helsinki 1975 Document, op. cit., note 502; OSCE Vienna Document, op. cit., note 90, para. 13.7; OSCE, “Brussels Declaration on Criminal Justice Systems”, op. cit., note 550. 735 UN HRC, General Comment No. 18, op. cit., note 733, para. 12; Nowak, CCPR Commentary, op. cit., note 93, pp. 606-607. 736 UN HRC, General Comment No. 18, ibid., para. 7. 737 Ibid., para. 13; Nowak, CCPR Commentary, op. cit., note 93, pp. 45-46. 738 UN HRC, Ibrahima Gueye et al. v. France, Communication No. 196/1985, 6 April 1989, para. 9.4, <http://www1.umn.edu/humanrts/undocs/session35/196-1985.html>; Nowak, CCPR Commentary, ibid., pp. 47, 55, 620. 739 Articles 13 (relating to procedural guarantees applicable to the expulsion of aliens) and 25 (relating to participation in public affairs and right to vote) of the ICCPR are the exception to this rule, as they are expressly applicable only to aliens and citizens, respectively. UN HRC, General Comment No. 15: The position of aliens under the Covenant, HRI/GEN/1/Rev.6 at 140, 30 September 1986, paras. 2, 7, <http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=8&DocTypeID=11>. 740 Ibid.; Nowak, CCPR Commentary, op. cit., note 93, p. 619. 741 UN HRC, General Comment No. 32, op. cit., note 648, para. 14. 742 Ibid., para. 65; Nowak, CCPR Commentary, op. cit., note 93, p. 308: “Establishing separate courts for the groups of persons listed in Art. 2(1) thus violates Art. 14.” 141