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Part II Admissibility Under the ICCPR, 4 Territorial and Jurisdictional Limits

From: The International Covenant on Civil and Political Rights: Cases, Materials, and Commentary (3rd Edition)

Sarah Joseph, Melissa Castan

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 21 October 2020

Subject(s):
Territory, dependent — Responsibility of states — Responsibility of non-state actors — Responsibility of international organizations
[4.01] Article 2(1) of the ICCPR stipulates that a State’s ICCPR responsibility is limited to ‘persons subject to a State’s jurisdiction and within its territory’. Article 1 of the Optional Protocol (OP) prescribes that the liability of a State thereunder is limited to ‘persons subject to its jurisdiction’. This chapter addresses the territorial and jurisdictional limits of State ICCPR and OP obligations. [4.02] A State has responsibility to all within its jurisdiction, regardless of a person’s citizenship.1 ¶10. …As indicated in General Comment 15 adopted at the...
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