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
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.
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