“I May Be Killed Any Moment” IV. Legal Framework This report considers treaty-based and customary international law frameworks concerning human rights law, international humanitarian law, and international criminal law, as well as domestic Bangladeshi law to examine the legal implications of the violence perpetrated by militant groups against Rohingya refugees in Bangladesh. International Human Rights Law International human rights law primarily governs States, especially how States treat and govern individuals. Individuals are granted certain human rights under international law, but the obligation under human rights law falls to the States to ensure those rights are upheld. Under international human rights law, Bangladesh is obligated to uphold rights guaranteed under customary international law as well as core human rights treaties to which Bangladesh is a party, including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD), and the Convention against Torture and Other Cruel or Degrading Treatment or Punishment (CAT).304 Bangladesh is also a signatory to the Universal Declaration of Human Rights (UDHR), “parts of which have clearly become customary international law.”305 The U.N. Human Rights Committee has recognized that the ICCPR should apply “without discrimination between citizens and aliens,” including to refugees.306 In line with its commitments under international human rights law, Bangladesh has a responsibility to ensure rights to life and liberty, security, non-discrimination, protection from torture or ill-treatment, freedom of movement, access to justice, and an adequate standard of living. 304 International Covenant on Civil and Political Rights (ICCPR), adopted December 16, 1966, G.A. Res. 2200A (XXI), U.N. Doc. A/6316, acceded by Bangladesh on September 6, 2000; International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted December 16, 1966, G.A. Res. 2200A (XXI), U.N. Doc. A/6316, acceded by Bangladesh on October 5, 1998; Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted December 18, 1979, G.A. Res. 34/180, U.N. Doc. A/34/46, acceded by Bangladesh November 6, 1984; International Convention on the Elimination of all Forms of Racial Discrimination (ICERD), adopted on December 21, 1965, G.A. Res. 1514 (XV), U.N. Doc. A/RES/2106, ratified by Bangladesh on June 11, 1979; Convention against Torture and Other Cruel or Degrading Treatment or Punishment (CAT), adopted December 10, 1984, G.A. Res. 3452 (XXX), U.N. Doc. A/RES/44/144, acceded by Bangladesh on October 5, 1998. 305 Universal Declaration of Human Rights (UDHR), adopted December 10, 1948, G.A. Res. 217A(III), U.N. Doc. A/810, voted in favor by Bangladesh; Philip Alston and Ryan Goodman, International Human Rights: The Successor to International Human Rights in Context (Oxford: Oxford University Press, 2012), p. 532. 306 Human Rights Committee, General Comment 15: The Position of Aliens under the Covenant, U.N. Doc. HRI/GEN/1/Rev.6, April 11, 1986.

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