The DOCTRINE OF EXTRA-TERRITORIAL APPLICATION of HUMAN RIGHTS treaties (per the ICJ Wall Advisory Opinion 2004 and HRC General Comment No. 31) applies:
Answer & Solution
Correct answer: D.
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)_
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