Extraterritorial Application of (Human Rights) Treaties | Samuel Moyn | June 28, 2016

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Extraterritorial Application of (Human Rights) Treaties

by Samuel Moyn Show/Hide
  1. 2 Show/Hide More ECtHR, Bankovic v. Belgium, Grand Chamber, App. No. 52207/99 (2001), excerpt
    [The applicants were citizens of the Federal Republic of Yugoslavia who either were injured or lost family members as a result of a NATO missile strike against the Serbian Radio and Television buildings in Belgrade in 1999. The application was brought against European states that were members of NATO, and alleged violations of the European human rights convention, although Serbia had not yet become a member of the Council of Europe, and so was not eligible to ratify the Convention. The respondent governments argued that the applicants were not covered by the Convention, because Article 1 required states parties to secure rights and freedoms only “to everyone within their jurisdiction.”]
  2. 3 Show/Hide More ECtHR, Al-Skeini v. United Kingdom, Grand Chamber, App. No. 55721/07 (2011), excerpt
    [The case involved six Iraqi civilians killed in Basrah during the British military occupation in 2003. Some were allegedly killed by British troops on patrol; one may have died in cross-fire between British troops and insurgents; and one was arrested and died as a result of abuse in custody on a British military base in Basrah. Their relatives challenged the adequacy of the investigations of their deaths by the British military authorities under Article 2 of the European Convention. The House of Lords had held that only the victim who died in custody had been within the jurisdiction of the United Kingdom for purposes of the European Convention.]
  3. 4 Show/Hide More ECtHR, Bankovic v. Belgium, Grand Chamber, App. No. 52207/99 (2001), excerpt
    [The applicants were citizens of the Federal Republic of Yugoslavia who either were injured or lost family members as a result of a NATO missile strike against the Serbian Radio and Television buildings in Belgrade in 1999. The application was brought against European states that were members of NATO, and alleged violations of the European human rights convention, although Serbia had not yet become a member of the Council of Europe, and so was not eligible to ratify the Convention. The respondent governments argued that the applicants were not covered by the Convention, because Article 1 required states parties to secure rights and freedoms only “to everyone within their jurisdiction.”]
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June 28, 2016

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Samuel Moyn

Harvard Law School

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