Giuseppe Pascale

Extraterritorial Applicability of the African Charter On Human and Peoples' Rights

  • Abstract

Informations and abstract

Keywords: Extraterritorial Applicability of Human Rights Treaties; African Charter on Human and Peoples' Rights; African Commission on Human and Peoples' Rights; International Court of Justice; Jurisdiction; Effective Control.

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.

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