The extraterritorial application of international human rights law in cases of belligerent occupation

Abstract

Over the last decade, one of the most controversial issues in international protection of human rights is the extraterritorial application in situations where a State occupies the territory of another State for belligerent reasons. The practice and the international case law -within the United Nations and the Council of Europe- have recognized the extraterritorial applicability of international texts on protection of human rights but with subtle differences. This article pays particular attention to the development of the case law of the European Court of Human Right (ECHR). As for the latter, when a State is exercising effective control over a foreign territory, its responsibility is compromised by the acts committed by its armed forces, as well as by the local authorities supported thereby.