Attribution, Responsibility and Jurisdiction in International Human Rights Law

• Autores: Lucius Caflisch
• Localización: ACDI - Anuario Colombiano de Derecho Internacional, ISSN 2027-1131, ISSN-e 2145-4493, Vol. 10, 2017 (Ejemplar dedicado a: Especial 10 años), págs. 161-203
• Idioma: inglés
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• Resumen

  • This paper deals with the attribution of responsibility to StatesParties for violations of selected multilateral human rights treaties outside their territory, and the jurisdiction of the treaty organs over such violations. Jurisdiction over human rights violations may result from territorial sovereignty, but also from quasi-territorial domination (occupation and similar situations, jurisdiction over marine spaces) or from the exercise of personal jurisdiction such as activities by consular, diplomatic, or intelligence agents in foreign countries, acts by or on vessels on the high seas, or on air or space craft. For each of the treaty systems examined (African Charter of Human and Peoples’ Rights, American Convention on Human Rights, United Nations Covenant on Civil and Political Rights, European Convention on Human Rights), this contribution describes the system’s general features, its provisions on jurisdiction, and most importantly, the practices it generates. This allows for a number of conclusions: that all the mechanisms examined contain some compulsory elements, that all ofthem except the African system contain pertinent rules, and that all of these  mechanisms apply the classical rules of international law on the exercise of quasi-territorial and personal jurisdiction. States are responsible for the breaches of human rights standards committed by their agents and organs in the exercise of such jurisdiction, and treaty organs are entitled to deal with such breaches.