Application of Human Rights Treaties Extraterritorially in Times of Armed Conflict and Military Occupation
Bibliographic Data
| ID | 9545347 |
|---|---|
| Authors | Michael J Dennis (0000-0002-8175-5311, United States Department of State, corresponding author) |
| Year | 2005 |
| Volume | 99 |
| Issue | 1 |
| Pages | 119-141 |
| Publication date | 2005-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/3246094 |
| OpenAlex | W1977719834 |
| Language | EN |
| Citations received | 24 |
| References cited | 19 |
Are obligations assumed by states under international human rights treaties applicable extraterritorially during periods of armed conflict and military occupation? This was one of the issues addressed by the International Court of Justice (ICJ) in its advisory opinion Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory . The Court indicated that the obligations assumed by Israel under the International Covenants on Civil and Political Rights (ICCPR) and on Economic, Social and Cultural Rights (ICESC), and the Convention on the Rights of the Child (CROC) applied in the occupied territories and that the construction of the security barrier constituted “breaches” by Israel of various of its obligations under these instruments
Advisory opinion · Armed conflict · Covenant · Cultural rights · Human rights · International court · International Covenant on Civil and Political Rights · International human rights law · International law · Political science · Politics · Public international law · Right to property · Human Rights and Development · International Law and Human Rights · Law · Middle East Politics and Society
Human Rights and Humanitarian Law
Privatizing War
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004)
Torture, Power, and Law
The Treatment of Foreign Terror Suspects
The Relationship between IHL and IHRL in Peacekeeping Operations
The law of military occupation put to the test of human rights law
A brief overview of legal interoperability challenges for Nato arising from the interrelationship between IHL and IHRL in light of the European Convention on Human Rights
The interrelation of the law of occupation and economic, social and cultural rights
The relationship between international humanitarian law and human rights law from the perspective of a human rights treaty body
Transformative occupation and the unilateralist impulse
Challenges in applying human rights law to armed conflict
Use of force during occupation
Human rights obligations in military occupation
Elective affinities? Human rights and humanitarian law
US military legal doctrine and the emerging wartime cyber environment
The end of military justice in Europe
Military Necessity and the Cultures of Military Law
Title to Territory and Jurisdiction in International Human Rights Law
Transformative Military Occupation
International Humanitarian Law, International Human Rights Law, and Fragmentation of International Law
Iii. Assassination and Targeted Killing—the Killing of Osama Bin Laden
Treaty Succession in Annexed Territory
A Presumption Against Extrajurisdictionality
The Convention on the Rights of the Child
The relationship between international humanitarian law and human rights law
International humanitarian law and the Advisory Opinion of the International Court of Justice on the legality of the threat or use of nuclear weapons
The International Committee of the Red Cross and human rights
The Advisory Opinion on nuclear weapons and the contribution of the International Court to international humanitarian law
The Nature and Scope of States Parties' Obligations under the International Covenant on Economic, Social and Cultural Rights
The Occupation of Enemy Territory. A Commentary on the Law and Practice of Belligerent Occupation
The Effectiveness of International Supervision
The Opinions of the International Court of Justice on the Threat or Use of Nuclear Weapons
Controlling the Use of Force
The Advisory Opinion
The Humanization of Humanitarian Law
Extraterritoriality of Human Rights Treaties
Applicability of Multilateral Conventions to Occupied Territories
Justiciability of Economic, Social, and Cultural Rights
The “Wall” Decisions in Legal and Political Context
Beyond Occupation Law
Prolonged Military Occupation
| Unique citing works | 24 |
|---|---|
| Citations per year | 1,14 |
| Citation span | 2005 - 2024 (20) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 24 |