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The Extraterritorial Application of Selected Human Rights Treaties
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In recent years, the question of whether and to what extent states are bound by human rights treaty obligations when they act abroad has given rise to considerable debate in academic circles, courtrooms and military operations. Focusing on treaties considerably jeopardized during the ‘war on terror’, namely the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the Convention against Torture,The Extraterritorial Application of Selected Human Rights Treaties takes stock of the key developments informing the discussion to date. Together with the wording of treaties, critical analysis is made of the ensuing interpretation of treaty provisions by monitoring bodies and states parties. A way forward in this debate is suggested, accommodating conflicting interests while preserving the effective protection of basic rights.
Karen da Costa, Ph.D. (2011) in International Relations (specialization in International Law), Graduate Institute of International and Development Studies / University of Geneva, is Visiting Lecturer at the University of Roehampton. Her interests relate to contemporary international human rights law.
INTRODUCTION
1. ORIGINS OF THE CURRENT DEBATE
2. OBJECT AND METHOD OF THE PRESENT INVESTIGATION
3. ARE STATES BOUND BY HUMAN RIGHTS TREATIES WHEN THEY OPERATE ABROAD?
A. MAIN ARGUMENTS SUPPORTING THE TERRITORIAL APPLICATION OF HUMAN RIGHTS TREATIES
B. MAIN ARGUMENTS SUPPORTING THE EXTRATERRITORIAL APPLICATION OF HUMAN RIGHTS TREATIES
CHAPTER 1: THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
PRELIMINARY CONSIDERATIONS ON THE INTERPRETATION OF INTERNATIONAL TREATIES
1. WORDING AND ORIGINS
2. HISTORY OF THE PROCEEDINGS
A. SPATIAL SCOPE OF THE COVENANT DURING THE INITIAL PHASE (1947-1948)
B. RELEVANT DEVELOPMENTS DURING THE DRAFTING PHASE (1949-1954)
C. RELEVANT DEVELOPMENTS DURING THE DELIBERATION PHASE (1954-1966)
CONCLUSION: EXTRATERRITORIALITY IN THE PREPARATORY WORK OF THE ICCPR
3. THE JURISDICTIONAL CLAUSE OF THE ICCPR INTERPRETED BY MONITORING BODIES
PRELIMINARY CONSIDERATIONS
A. QUASI-JUDICIAL BODIES: THE POSITION OF THE HUMAN RIGHTS COMMITTEE
B. JUDICIAL BODIES: THE POSITION OF THE INTERNATIONAL COURT OF JUSTICE
C. FURTHER INTERNATIONAL HUMAN RIGHTS MECHANISMS: UN SPECIAL PROCEDURES
CONCLUSION
CHAPTER 2: THE SPATIAL REACH OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS
INTRODUCTION
1. WORDING AND ORIGINS OF ARTICLE 1 ECHR
2. EUROPEAN COMMISSION OF HUMAN RIGHTS: ‘AUTHORITY AND CONTROL OVER PERSONS’
A. CASES RELATED TO DIPLOMATIC AND CONSULAR AUTHORITIES
B. CASES INVOLVING ARREST OR DETENTION OF PERSONS ABROAD
C. FURTHER EXERCISE OF PUBLIC POWERS ABROAD
D. CASES INVOLVING THE PRESENCE OF TROOPS ABROAD
CONCLUSION
3. CASES BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS
A. CASES BEFORE BANKOVIĆ
B. THE BANKOVIĆ CASE
C. FIRST CASES AFTER BANKOVIĆ
D. LATER CASES AFTER BANKOVIĆ
CHAPTER 3: THE CONVENTION AGAINST TORTURE
1. A DIFFERENT TREATY COVERING AN ABSOLUTE RIGHT
2. EXTENT OF STATES PARTIES’ OBLIGATIONS
A. STATES’ MAIN OBLIGATION UNDER THE CONVENTION AGAINST TORTURE
B. PREPARATORY WORK OF THE CONVENTION AGAINST TORTURE
3. DOUBTS RAISED ON THE GEOGRAPHICAL EXTENT OF APPLICATION OF THE CAT
A. THE POSITION OF THE UNITED KINGDOM
B. THE POSITION OF THE UNITED STATES
C. THE POSITION OF THE COMMITTEE AS REFLECTED IN ITS FURTHER PRACTICE
CONCLUSION
FINAL CONCLUSION
BIBLIOGRAPHY
TABLE OF CASES
TABLE OF TREATIES, LEGISLATION, AND OTHER RELEVANT INSTRUMENTS
1. ORIGINS OF THE CURRENT DEBATE
2. OBJECT AND METHOD OF THE PRESENT INVESTIGATION
3. ARE STATES BOUND BY HUMAN RIGHTS TREATIES WHEN THEY OPERATE ABROAD?
A. MAIN ARGUMENTS SUPPORTING THE TERRITORIAL APPLICATION OF HUMAN RIGHTS TREATIES
B. MAIN ARGUMENTS SUPPORTING THE EXTRATERRITORIAL APPLICATION OF HUMAN RIGHTS TREATIES
CHAPTER 1: THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
PRELIMINARY CONSIDERATIONS ON THE INTERPRETATION OF INTERNATIONAL TREATIES
1. WORDING AND ORIGINS
2. HISTORY OF THE PROCEEDINGS
A. SPATIAL SCOPE OF THE COVENANT DURING THE INITIAL PHASE (1947-1948)
B. RELEVANT DEVELOPMENTS DURING THE DRAFTING PHASE (1949-1954)
C. RELEVANT DEVELOPMENTS DURING THE DELIBERATION PHASE (1954-1966)
CONCLUSION: EXTRATERRITORIALITY IN THE PREPARATORY WORK OF THE ICCPR
3. THE JURISDICTIONAL CLAUSE OF THE ICCPR INTERPRETED BY MONITORING BODIES
PRELIMINARY CONSIDERATIONS
A. QUASI-JUDICIAL BODIES: THE POSITION OF THE HUMAN RIGHTS COMMITTEE
B. JUDICIAL BODIES: THE POSITION OF THE INTERNATIONAL COURT OF JUSTICE
C. FURTHER INTERNATIONAL HUMAN RIGHTS MECHANISMS: UN SPECIAL PROCEDURES
CONCLUSION
CHAPTER 2: THE SPATIAL REACH OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS
INTRODUCTION
1. WORDING AND ORIGINS OF ARTICLE 1 ECHR
2. EUROPEAN COMMISSION OF HUMAN RIGHTS: ‘AUTHORITY AND CONTROL OVER PERSONS’
A. CASES RELATED TO DIPLOMATIC AND CONSULAR AUTHORITIES
B. CASES INVOLVING ARREST OR DETENTION OF PERSONS ABROAD
C. FURTHER EXERCISE OF PUBLIC POWERS ABROAD
D. CASES INVOLVING THE PRESENCE OF TROOPS ABROAD
CONCLUSION
3. CASES BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS
A. CASES BEFORE BANKOVIĆ
B. THE BANKOVIĆ CASE
C. FIRST CASES AFTER BANKOVIĆ
D. LATER CASES AFTER BANKOVIĆ
CHAPTER 3: THE CONVENTION AGAINST TORTURE
1. A DIFFERENT TREATY COVERING AN ABSOLUTE RIGHT
2. EXTENT OF STATES PARTIES’ OBLIGATIONS
A. STATES’ MAIN OBLIGATION UNDER THE CONVENTION AGAINST TORTURE
B. PREPARATORY WORK OF THE CONVENTION AGAINST TORTURE
3. DOUBTS RAISED ON THE GEOGRAPHICAL EXTENT OF APPLICATION OF THE CAT
A. THE POSITION OF THE UNITED KINGDOM
B. THE POSITION OF THE UNITED STATES
C. THE POSITION OF THE COMMITTEE AS REFLECTED IN ITS FURTHER PRACTICE
CONCLUSION
FINAL CONCLUSION
BIBLIOGRAPHY
TABLE OF CASES
TABLE OF TREATIES, LEGISLATION, AND OTHER RELEVANT INSTRUMENTS
All those interested in current challenges regarding the application of international human rights law in a globalized world, particularly academics, practitioners, representatives of states, international organizations and non-governmental organizations.