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The Age Of Interventionism : The Extraterritorial Reach Of The European Convention On Human Rights

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Chapter Summary

This chapter addresses whether a country may be held responsible under the European Convention on Human Rights (ECHR) for violations committed by its forces taking part in operations abroad. A chronological approach to the jurisprudence might lead one to believe that there is a logical development inherent within the jurisprudence. The principle of evolution has ensured that interpretation has varied significantly over time and across cases. The chapter focuses on actual interpretation by the Court. An element of realism and recognition of the importance of extraterritorial jurisdiction is injected as relevant cases are reviewed since 1965. It becomes clear that jurisdiction is not merely an academic debate but is rather the lynchpin on which remedies to serious violations may be sought.

Keywords: European Convention on Human Rights (ECHR); extraterritorial jurisdiction; jurisprudence



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