The Extraterritorial Application of Human Rights A Digest of Sources Prepared for the GlobalTrust Project By Tamar Ben-Artzi (Updated February 2015) … Read more . . .
In determining whether human rights treaties apply extraterritorially, it is necessary to analyze important provisions and terms in a particular agreement. However, as illustrated in The Vienna Convention on the Law of Treaties (the Vienna Convention), the analysis of a human rights instrument often hinges on semantics. Traditionally, the meaning of a provision was based on the definiteness of the language and the plain meaning of the terms. Recently, however, courts such as the ECtHR have been reluctant to settle with the “ordinary meaning analysis” of treaty interpretation (as suggested in Article 31 of the Vienna Convention) when there are “manifestly absurd” results from adherence to such an approach. Instead, many international courts have embraced the exceptions present in Article 32 of the Vienna Convention, allowing them to bring in subsequent state practice, context, purpose, and travaux preparatoires.Read more . . .
Clarifying the Extraterritorial Application of the European Convention on Human Rights Al-Skeini and others v United Kingdom App No 55721/07 (ECtHR, 7 July 2011) Cedric Ryngaert in MERKOURIOS: Utrecht Journal of International and European Law, Vol. 28, Issue 74 Abstract … Read more . . .
The book’s main focus is on case law, and most of the case-law that I examine is of fairly recent extraction. It appears that the problem of the extraterritorial application of human rights treaties has been growing progressively more acute in the past decade or so. It is indeed rather startling that such a fundamental issue regarding the scope of application of these treaties has not been definitively resolved much earlier during their life-span. One, almost trite response to this observation would be that in the age of globalization states are increasingly affecting the human rights of individuals outside their borders, and that this explains both the increase of litigated cases on extraterritorial application and the growing importance of the issue generally.Read more . . .
This Article proceeds in three parts. Part I summarizes the jurisprudence of foreign courts, specifically the Supreme Court and Fed eral Court of Appeal of Canada and the U. K. Supreme Court. Part II examines the approach taken by international courts, specifically the European Court of Human Rights, the Inter – American Court on Human Rights, and the International Court of Justice. Part III provides an overview of the positions of U. N. – linked human rights bodies, specifically the Committee Against Torture and the Human Rights Committee.
We conclude by noting that the U. S. executive branch’s consistent position against any extraterritoria l application of these human rights protections makes the United States an outlier in the international context. Nearly every other foreign and international body examined here concludes that countries that exert “effective control” over a territory, perso n, or situation must observe basic human rights obligations. It is our hope that by placing U. S. practice within an international context, we can open up a conversation about how the United States might — in this area as in so many others — once again be a lea der in the development and enforcement of human rights protections in the world.Read more . . .
On 28 September 2011, at a gathering convened by Maastricht University and the International Commission of Jurists, a group of experts in international law and human rights adopted the Maastrict Principles. Drawn from international law, these principles aim to clarify the content of extraterritorial State obligations to realize economic, social and cultural rights with a view to advancing and giving full effect to the object of the Charter of United Nations and international human rights.Read more . . .
According to a survey by The Reporters Committee for Freedom of the Press for this guide, federal courts and many state courts allow for “super-secret” cases, which never appear on the public docket or are hidden using pseudonyms, such as “Sealed v. Sealed” or “John Doe v. Jane Doe.” Courts that maintain these secret dockets will neither confirm nor deny the existence of such cases. As a result, these cases proceed through the court system undetected.Read more . . .
All the evidence we present in this report shows that Greece not only does not have the ability to pay this debt, but also should not pay this debt first and foremost because the debt emerging from the Troika’s arrangements is a direct infringement on the fundamental human rights of the residents of Greece. Hence, we came to the conclusion that Greece should not pay this debt because it is illegal, illegitimate, and odious.Read more . . .
We’re not satisfied with the land, the homes and the direct connection to the place that we stole from them and appropriated and destroyed, and that we continue to destroy and appropriate and steal. No. We also deny all the reasons, all the historical and social context of expulsion, dispossession and discrimination, that have led a very small handful of those Palestinians who are citizens of Israel to try to imitate us by taking up arms. They deluded themselves into thinking that weapons were the proper means of resistance, or reached a peak of fury and helplessness and decided to take lives.Read more . . .
Turkey’s neoliberalism culminated in the new millennium with the rise of the AKP, a party with an Islamist background. The party wedded Islamist populism to neoliberalism, which has been critically dubbed “neoliberalism with a Muslim face.”4 By winning over liberal intellectual and economic circles, the AKP has built a historic bloc with Islamic sentiments; İlhan Uzgel calls it “the new hegemonic bloc.” Thus, in order to alter Turkey, the AKP initially had to alter itself.Read more . . .
For more than 65 years – (applause) – since Israel’s founding during periods of war and peace, calm and crisis, U.S. administrations of all stripes have backed this staunch, unshakable commitment with concrete support. But no administration and no President has done as much for Israel’s security as President Obama. (Applause.) Don’t just take my word for it. Listen to another voice who called this Administration’s support for Israel’s security, and I quote, “unprecedented.” And that is the voice of Israel’s prime minister, Benjamin Netanyahu.
This is true in terms of our strategic and operational coordination. Simply put, it has never been stronger. Our nation’s armed forces have conducted more joint military exercises with Israel than ever before, including the largest exercises in our history. This work has strengthened our military capabilities and the security of both our countries. At every level of our relationship, we are engaging in more comprehensive and meaningful consultations than ever before – from our political leaders to our intelligence officers to our defense officials.Read more . . .
Far from promoting solidarity and peace, the OIC has shown itself to be a political instrument serving the geopolitical interests of Washington and its allies in the destruction of Syria and their designs for entrenching hegemonic control over the Middle East. That control is all about exploiting the resources of the region to enrich Western corporations and banks, paying off elite rulers and impoverishing the mass of people.Read more . . .
‘The danger we face is that the great majority of those children whose parents did not receive an education for generations will descend to the level of Arab children,” Israel’s first prime minister, David Ben-Gurion, declared at a July 1962 meeting. He was speaking with the head of a teachers federation on the question of whether to segregate “Mizrahi” children, whose parents came from Muslim countries, from “Ashkenazi” children in school.Read more . . .
Amnesty International supports intervention in Syria against international law. Is this an error of perspective or does it reflect Amnesty’s role to help imperialism?Read more . . .
Since seizing the West Bank in 1967, Israel has held full control over all planning matters for both Palestinians and Jewish settlers in an area covering over 60 percent of the territory.Read more . . .
It would be wonderful if the [Vietnam] war were critically studied and its glorification subjected to massive public opposition combined with teach-ins, multimedia presentations, marches, and demonstrations. These could be directly tied to the interminable and deadly war on terror and the ongoing conversion of the United States into a police state.Read more . . .
With its matrix of control, Israel has achieved an unparalleled and uniquely successful synergy of “bio” and “necro”-politics, controlling life and death at most every scale of Palestinian existence. The matrix is continuously adjusted with as much care as Israel has adjusted the caloric intake of Gazans during its periodic intensifications of the Gazan siege.Read more . . .
What raises particular concern are the attempts to artificially ratchet up the Sunni-Shiite disagreements and use religious differences to achieve political goals, among other things, by imposing schemes on the UN Security Council to approve outside interference.Read more . . .
Since 9/11, as Human Rights Watch and others have documented, the FBI has routinely used paid informants not to capture existing terrorists, but to cultivate them.Read more . . .
President Bashar al-Assad gave an interview to Russian media in which he hailed the Russian initiative for inter-Syrian dialogue as positive and denied any direct dialogue between Syria and the US, stressing that there has been no real change in the American or Western policies on Syria so far. Following is the text of the full interview.Read more . . .