The indirect responsibility of States parties to Human Rights Treaties

Supervisory organs of international human rights treaties have recognised the extraterritorial effects of the prohibition of torture and recently also of the right to a fair trial. Special attention should be given when a State is held indirectly responsible with respect to actions which could be performed by public agents of third States if a person under the jurisdiction of a State is extradited or expelled to a third State. Examples of a list of questions that may be dealt with are: To what extent a State is entitled to protect its boarders and prevent foreigners to enter its territory? What does it imply e.g. for Frontex? Does anybody who desires to apply for asylum in a State fall within the jurisdiction of that State even if that person did not yet reach its territory? What are the limits to the extraterritorial application of the human rights treaty provisions?

 

Project leader(s):
  • Marc Bossuyt (Antwerp)

Leave a Reply