35. More generally, the prohibition on arbitrary detention is so well-attested in international law that it forms part of customary international law17 – those norms of international behaviour which have become generally accepted as binding legal standards. Certain norms – of which arbitrary detention is one – are so absolutely fundamental to international law that they are known as jus cogens norms, meaning that all actors, both State and nonState, must abide by them and cannot depart from them in any circumstances, even security emergencies. For detention to be acceptable, it must take place in accordance with a predictable legal framework,18 with a legitimate justification,19 extend no longer than is strictly necessary,20 and must allow for the detained person to have the legality of their detention reviewed.21 3 6. Another jus cogens norm governing the detention of the women and children in North East Syria is the prohibition against torture, which is generally understood in international law22 as entailing the infliction of severe physical or mental pain or suffering for a purpose such as punishment by a person acting in an official capacity (including an official capacity as part of an organized non-State armed group).23 37. As a matter of international law, all detainees are entitled, during any period of detention, to certain minimum guarantees as to their treatment and conditions. Under Common Article 3 of the Geneva Conventions – which applies during a NIAC and, some argue, in the period immediately following cessation of hostilities – all persons detained are entitled to be treated humanely24 and to be free from ‘outrages upon personal dignity.’25 Further, under customary international humanitarian law detainees must be held in premises which safeguard health and hygiene,26 and detainees must be released as soon as the reasons for the deprivation of their liberty cease to exist.27 Further, the specific protection, health, and assistance needs of female detainees must be respected,28 and children are also entitled to special respect and protection.29 38. Detainees are also provided protections under international human rights law. There is a good legal argument that non-State actors, such as the AANES, are bound by international human rights law, despite not being signatories to international treaties, particularly when those non-State actors control territory and operate as a de facto regional government aspiring to Statehood. But in any event the AANES – and its military organ, the SDF – have voluntarily accepted the obligation to uphold human rights standards within the territory under their control, and Article 21 of the Constitution of the AANES incorporates and guarantees the standards set out in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social, and Cultural Rights and ‘other internationally recognized human rights conventions.’ International human rights law itself contains prohibitions on arbitrary detention30 (with the detention of children prohibited except as a last resort),31 torture and cruel or inhumane treatment,32 and guarantees rights to life,33 food and water,34 health,35 and education.36 18 RIGHTS & SECURITY INTERNATIONAL