The African Charter, as well as other human rights treaties, does not contain any provision about its application ratione loci. The African Court has never pronounced on this issue. However, the examination of the practice of the African Commission can be a starting point to address the problem. The paper focuses above all on the Commission’s report on the Armed Activities on the Territory of The Congo. Then, it analyzes the position of the African States on this issue. The most prominent decisions of the International Court of Justice on this matter are also considered. In the last section, the elements previously evaluated allow to shed light on the extraterritorial scope of the African Charter

Extraterritorial Applicability of the African Charter on Human and Peoples’ Rights

Pascale G
2014-01-01

Abstract

The African Charter, as well as other human rights treaties, does not contain any provision about its application ratione loci. The African Court has never pronounced on this issue. However, the examination of the practice of the African Commission can be a starting point to address the problem. The paper focuses above all on the Commission’s report on the Armed Activities on the Territory of The Congo. Then, it analyzes the position of the African States on this issue. The most prominent decisions of the International Court of Justice on this matter are also considered. In the last section, the elements previously evaluated allow to shed light on the extraterritorial scope of the African Charter
2014
9
File in questo prodotto:
File Dimensione Formato  
(2014) Extraterritorial Applicability of the African Charter on Human and Peoples’ Rights.pdf

non disponibili

Dimensione 151.57 kB
Formato Adobe PDF
151.57 kB Adobe PDF   Visualizza/Apri

I documenti in ARCA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10278/3724842
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact