Human Rights Protection During Extra-Territorial Military Operations: Perspectives at International and English Law

RESEARCH HANDBOOK ON CONFLICT AND SECURITY LAW, N. White, C. Henderson, eds., Edward Elgar, 2012

39 Pages Posted: 20 Apr 2012 Last revised: 15 Feb 2015

Date Written: April 19, 2012

Abstract

This contribution examines the scope of Article 1 of the European Convention on Human Rights. Before proceeding to specific questions of interpretation, section 2 examines the preliminary questions that share a common underlying theme, namely the possibility of legal obstacles restricting the effective extra-territorial application of human rights treaties: the applicability of humanitarian law in the same situation where human rights law applies and the question of the attribution of wrongful acts in situations where multiple entities are active. Section 3 then proceeds to identify the precise meaning of Article 1 and how it has been applied in judicial practice. Section 4 examines the implications for the English legal system when issues are raised under Article 1. Section 5 focuses on situations where human rights treaties apply extra-territorially in principle but a resolution adopted by the UN Security Council is invoked to supersede their effect. Section 6 focuses on further obstacles to the effective application of human rights treaties presented by litigation in England, such as Act of State and justiciability. Section 7 then offers general conclusions.

[This draft version is posted here with the publisher's consent and will be taken off when the final version is in print.]

Suggested Citation

Orakhelashvili, Alexander, Human Rights Protection During Extra-Territorial Military Operations: Perspectives at International and English Law (April 19, 2012). RESEARCH HANDBOOK ON CONFLICT AND SECURITY LAW, N. White, C. Henderson, eds., Edward Elgar, 2012. Available at SSRN: https://ssrn.com/abstract=2042635

Alexander Orakhelashvili (Contact Author)

University of Birmingham - Law School ( email )

Birmingham Law School
Edgbaston
Birmingham, B15 2TT
United Kingdom

HOME PAGE: http://www.law.bham.ac.uk/staff/profiles/orakhelashvili.shtml

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