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Part I, 3 The Extra-Territorial Applicability of International Human Rights Law

From: Practitioners' Guide to Human Rights Law in Armed Conflict

Daragh Murray
Edited By: Elizabeth Wilmshurst, Françoise Hampson, Charles Garraway, Noam Lubell, Dapo Akande

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 09 May 2021

Human rights remedies — Armed conflict, international — Armed conflict, non-international — International crimes — Armed forces

This chapter outlines the circumstances in which human rights law obligations are applicable extra-territorially. It sets out the different categories of extra-territorial jurisdiction that have been found by international and national courts applying human rights law, distinguishing between those cases where the State has human rights obligations because of its control of a territory and cases where State agents exercise authority and control over an individual such as to bring the person within the jurisdiction of the State. Finding that human rights law applies extra-territorially does not mean that all of the State’s human rights treaty obligations apply with respect to a particular situation. With the exception of operations within a State’s own territory and situations of occupation, human rights obligations can be ‘divided and tailored’, such that only those human rights obligations relevant to the situation are applicable.

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