The DOCTRINE OF EXTRA-TERRITORIAL APPLICATION of HUMAN RIGHTS treaties (per the ICJ Wall Advisory Opinion 2004 and HRC General Comment No. 31) applies:
Aonly to a State's own territory (cf. ICCPR Article 2; ICJ Wall Advisory Opinion 2004; HRC General Comment No. 31 (2004); Bankovic v Belgium (ECHR 2001))
Bonly to airspace (cf. ICCPR Article 2; ICJ Wall Advisory Opinion 2004; HRC General Comment No. 31 (2004); Bankovic v Belgium (ECHR 2001))
Conly to maritime areas (cf. ICCPR Article 2; ICJ Wall Advisory Opinion 2004; HRC General Comment No. 31 (2004); Bankovic v Belgium (ECHR 2001))
Dalso EXTRA-TERRITORIALLY — when the State exercises effective control over territory, persons or activities outside its borders (e.g. military occupation, detention abroad, embassy actions)
Answer & Solution
Correct answer: D. also EXTRA-TERRITORIALLY — when the State exercises effective control over territory, persons or activities outside its borders (e.g. military occupation, detention abroad, embassy actions)
1. ICCPR Article 2(1): each State Party undertakes to respect and ensure to all individuals WITHIN ITS TERRITORY AND SUBJECT TO ITS JURISDICTION the rights recognized in the present Covenant.
2. The 'within its territory AND subject to its jurisdiction' has been interpreted broadly:
3. (i) HRC General Comment No. 31 (2004): States Parties must respect and ensure Covenant rights to 'all persons who may be within their territory and to all persons subject to their jurisdiction. This means... anyone within the power or effective control of that State Party, even if not situated within the territory of the State Party.'
4. (ii) ICJ Wall Advisory Opinion (2004): ICCPR applies in occupied territories.
5. (iii) Lopez Burgos v Uruguay (HRC 1981): kidnapping in Argentina by Uruguay agents.
6. (iv) ECHR cases: Loizidou v Turkey (1995), Bankovic v Belgium (2001), Al-Skeini v UK (2011).
7. Hence option B is correct.
_Source: International HR Treaties + Indian Constitutional Jurisprudence — ICCPR Article 2; ICJ Wall Advisory Opinion 2004; HRC General Comment No. 31 (2004); Bankovic v Belgium (ECHR 2001)_
Related questions
The RIGHT TO FOOD under ICESCR Article 11 was elaborated in CESCR General Comment No. 12 (Article 13 ICESCR recognises the right to EDUCATION. Primary education shall be:Section 11A NHRC complaints are admitted on grounds of:The KAMPALA AMENDMENTS to the Rome Statute (2010) activated the CRIME OF AGGRESSION jurisdThe PRINCIPLE OF PROGRESSIVE REALIZATION in ICESCR (Article 2(1)) is balanced by the doctrIn NUREMBERG TRIALS 1945-46, the International Military Tribunal articulated the principleArticle 41 ICCPR provides for INTER-STATE COMPLAINTS — a State Party may complain to the HThe MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT 2007 implements obligations