Putovanje u putopis

Jurisdiction in International Human Rights Law: Application of the European Convention to Soldiers Deployed Overseas

“…106 It clarified, though, that this rule does not prevent application of the Convention beyond Council of Europe Member States' territories, and that it had never applied such a restriction in its case law. 107 Though the Convention is of 'essentially regional vocation', 108 that should not be understood as 'exclusively regional vocation'. 109 It has been argued that Banković was wrongly interpreted by the British judiciary, and that that judgment did nothing more than exclude aerial bombardment from the list of actions giving rise to effective control.…”

FreeingSoering: The ECHR, State Complicity in Torture and Jurisdiction

“…Leaving aside relatively rare cases where a state exercises effective control over territory abroad, 72 Banković stood for the proposition that member states to the Convention may commit human rights violations abroad that they may not commit at home. 73 Awareness of absurd results of this kind has driven an expansive interpretation of the jurisdiction clause of the ICCPR 74 and, in part, underpins the gradual embrace by the Court of a personal model of jurisdiction in Issa, Ocalan, Al-Skeini, and Jaloud. 75 Moving to the second, the absurdity of these distinctions is not based only on their inconsistency and lack of coherence; it is also based on the value-poverty of an interpretation of Article 1 that allows, at least with respect to negative obligations, state parties to a human rights treaty to commit human rights violations abroad.…”

The Relationship between Jurisdiction and Attribution after Jaloud v. Netherlands

“…165 It could be argued that the ECHR was an instrument of 'European public order' in which a unique set of standards applied because of the regional character of the ECHR, thus justifying a lower standard of control for establishing attribution than that required under general international law. 166 It follows that the ECtHR is not necessarily prohibited under international law from taking a different approach to the ICJ in the Bosnian Genocide case and to Article 8 ASR, so long as the ECtHR explicitly distinguishes and justifies its own approach using established techniques of interpretation.…”