In a large majority of treaties on human rights, it is provided that the contracting States must respect and ensure to all individuals "within their jurisdiction" such rights and freedoms. According to a well settled judicial orientation, also extraterritorial violations of human rights (violations committed outside the territorial jurisdiction)may entail the international responsibility of these States. Does this orientation imply that the very idea of jurisdiction is to be considered as an outdated one in the legal framework of the said treaties? May we conclude that such an idea has been going overtaken - during the last 30 years - by the attribution of wrongful acts to the State? In this article, it is submitted that: a)the notion of jurisdiction has not been overtaken by events, in spite of the deep transformation it has undergone; b) the very concept of imputation of an human rights violation has been influenced by such a transformation to some extent.
De Sena, P., Juridiction étatique et imputation des violations extraterritoriales des droits de l’homme : Quelques observations, in Alland, D., De Frouville, O., Vinuales, J. (ed.), Unité et diversité du droit international/Unity and Diversity of International LawEcrits en l'honneur du Professeur Pierre-Marie Dupuy/Essays in Honour of Professor Pierre-Marie Dupuy, Brill, Leiden Boston 2014: 785- 801 [http://hdl.handle.net/10807/52572]
Juridiction étatique et imputation des violations extraterritoriales des droits de l’homme : Quelques observations
De Sena, Pasquale
2014
Abstract
In a large majority of treaties on human rights, it is provided that the contracting States must respect and ensure to all individuals "within their jurisdiction" such rights and freedoms. According to a well settled judicial orientation, also extraterritorial violations of human rights (violations committed outside the territorial jurisdiction)may entail the international responsibility of these States. Does this orientation imply that the very idea of jurisdiction is to be considered as an outdated one in the legal framework of the said treaties? May we conclude that such an idea has been going overtaken - during the last 30 years - by the attribution of wrongful acts to the State? In this article, it is submitted that: a)the notion of jurisdiction has not been overtaken by events, in spite of the deep transformation it has undergone; b) the very concept of imputation of an human rights violation has been influenced by such a transformation to some extent.
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