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The European Convention on Human Rights and Jurisdictional Links during Military Operations
No full textThe European Convention on Human Rights
and Jurisdictional Links during Military Operations
Keywords: International law; International human rights law; European Convention on Human Rights; Jurisdiction
This paper intends to discuss the applicability of the European Convention on Human Rights (ECHR) to alleged violations which arise during the course of military operations conducted by Contracting Parties to the Convention.
The scope and application of the ECHR is restricted by Article 1 to events occurring ‘within the jurisdiction’ of a Contracting Party to the treaty. Although it is generally accepted that the treaty will apply to any alleged violation which occurs within the territory of a Contracting Party, the issue becomes much more complex when concerned with events which occur beyond a state’s borders. In the 2011 Al-Skeini and Others v United Kingdom judgment the European Court of Human Rights attempted to clarify this by stating that although jurisdiction was primarily territorial it could arise extraterritorially in two situations – where a Contracting Party exercised effective control of an area beyond its own territorial borders, and where a state’s agents exercised authority or control over individuals abroad.
Using as a basis for discussion an incident wherein a French Military helicopter attack is alleged to have killed six civilians in the town of Konna, Mali, in January 2013, this paper will discuss the possible applicability of the Convention to military operations abroad. Through a detailed analysis of recent case law which has largely emanated the Iraq War and northern Cyprus, this paper will consider whether the exceptions outlined in Al-Skeini, particularly the second exception of a state agent’s exercise of authority and control, would apply in a range of military activities. The piece concludes by attempting to formulate guidelines for when an individual will fall within a Contracting Party’s ‘jurisdiction’ for the purposes of Article 1 of the Convention
The potential impact of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on the realisation of socio-economic rights in the international arena: what can be learnt from the justiciability of socio-economic rights in South Africa?
No full textThe Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (the 'Optional Protocol' or the 'OP-ICESCR') has recently been adopted by the General Assembly of the United Nations. This document establishes a new complaints procedure for economic, social and cultural rights ('ESCR') within the United Nations human rights system. Hence, those rights ' as it is already the case for civil and political rights (CPR) ' will become quasi-justiciable at international level. Once the Optional Protocol will enter into force, individuals and groups victims of violations of any right contained in the International Covenant on Economic, Social and Cultural Rights (the 'Covenant' or the 'ICESCR') will have the possibility to submit communications to the United Nations Committee on Economic, Social and Cultural Rights (the 'Committee' or the 'CESCR'), as long as the state concerned is party to the OP-ICESCR
Agrarian Reform as a Human Rights Issue in the Activities of United Nations Human Rights Bodies and Specialised Agencies
No full text Agrarian reform is back on the political agenda. However, from a human rights perspective this notion is little developed. In international human rights law an individual right to land does not exist. The present article aims at establishing the link between human rights norms and agrarian reform issues, such as access to land as a productive resource. It argues that agrarian reform be characterised as a human rights obligation. The article also discusses whether, and if so in what way, UN human rights bodies and specialised agencies have dealt with agrarian reform as a human rights issue. It concludes that the UN Special Rapporteur on the Right to Food has contributed substantially to putting agrarian reform on the human rights agenda. However, the UN Committee on Economic, Social and Cultural Rights has failed to develop the notion agrarian reform in a progressive way. Modest and prudent efforts have been made by the FAO and IFAD to mainstream human rights in their policies and programmes on agrarian reform. Although the World Bank lacks an agrarian reform policy that is inspired by human rights, the Bank seems to be willing to give more attention to the social effects of land reform programmes on the living conditions of the rural poor. </jats:p
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
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