IV. Legal Framework 60 Non-state armed groups are also bound by international human rights law and customary international law and are subject to the laws of the country where they operate.307 Right to Life and Security The right to life and security is enshrined in the UDHR, ICCPR, and CAT, all of which Bangladesh is a party.308 Article 32 of the Constitution of Bangladesh states: “No person shall be deprived of life or personal liberty save in accordance with law.” In addition to the right to life and liberty, Article 3 of the UDHR and Article 9(1) of the ICCPR guarantee everyone “security of person.”309 Although there is no definition of arbitrary detention, Fact Sheet No. 26 of the Working Group on Arbitrary Detention set guidelines to identify situations that constitute arbitrary detention. These include situations where individuals are detained: Because, having been unable to benefit from the fundamental guarantees of the right to a fair trial, they have been imprisoned without an arrest warrant and without being charged or tried by an independent judicial authority, or without access to a lawyer; detainees are sometimes held incommunicado for several months or years, or even indefinitely.310 In General Comment 35, the U.N. Human Rights Committee further clarified the meaning of the terms, “security of person,” and “everyone” in the following terms: Security of person concerns freedom from injury to the body and the mind, or bodily and mental integrity. … Article 9 guarantees those rights to everyone. “Everyone” includes, among others, girls and boys, soldiers, persons with disabilities, lesbian, gay, bisexual and transgender persons, aliens, refugees and asylum seekers, stateless persons, migrant workers, persons convicted of crime, and persons who have engaged in terrorist activity.311 Therefore, the right to security of person applies to everyone regardless of their legal status and country of nationality or residence.312 Bangladesh also acceded to the ICERD. Article 5(b) of the treaty upholds the “right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by an individual group or institution.”313 Rohingya in Bangladesh have the right to life and security against violence and bodily harm committed by anyone, including non-state actors, under Bangladesh’s domestic laws. Article 32 of the Bangladesh Constitution provides that “No person shall be deprived of life or personal liberty save in accordance with law.”314 Members of militant groups have systematically and egregiously violated the rights of Rohingya to life and security by committing killings, abductions, torture, and other violations against Rohingya refugees in the camps as documented in this report. 307 Committee on the Elimination of All Forms of Discrimination against Women (CEDAW), General Recommendation No. 35 on Gender-Based Violence against Women, Updating General Recommendation No. 19, U.N. Doc CEDAW/C/GC/35, July 26, 2017, para. 25. 308 See, e.g., ICCPR, Art. 6(1): “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.” 309 UDHR, Art. 3; ICCPR, Art. 9(1). 310 OHCHR, “Fact Sheet No. 26, The Working Group on Arbitrary Detention,” February 14, 2024, https://www.ohchr.org/ sites/default/files/Documents/Publications/FactSheet26en.pdf. 311 Human Rights Committee, General Comment No. 35: Article 9 Liberty and Security of Person, para. 3. 312 Human Rights Committee, General Comment No. 15: The Position of Aliens Under the Covenant, CCPR/C/21/Rev.1/Add.9, 1999. 313 ICERD, Art. 5. 314 Constitution of the People’s Republic of Bangladesh, 1972, Art. 32.