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Extraterritorial Use of Force Against Non-State Actors$
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Noam Lubell

Print publication date: 2010

Print ISBN-13: 9780199584840

Published to Oxford Scholarship Online: September 2010

DOI: 10.1093/acprof:oso/9780199584840.001.0001

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Extraterritorial Applicability of Human Rights Law

Extraterritorial Applicability of Human Rights Law

Chapter:
(p.193) 8 Extraterritorial Applicability of Human Rights Law
Source:
Extraterritorial Use of Force Against Non-State Actors
Author(s):

Noam Lubell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199584840.003.0009

This chapter provides detailed analysis of the question of whether states are bound by human rights law when acting outside their borders. The background and objective of the International Covenant on Civil and Political Rights are examined, as is the concept of jurisdiction in the context of human rights treaties and cases of human rights bodies. The different types of actions by a state are examined in this context, including acts of diplomatic and consular agents, detention, and authority or control outside formally acknowledged detention facilities. The chapter raises the possibility of a contextual approach to obligations, and of non treaty-based extraterritorial human rights obligations.

Keywords:   human rights, jurisdiction, sovereignty, treaties, extraterritorial, obligations, abduction, detention

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