Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-22dnz Total loading time: 0 Render date: 2024-04-27T08:21:37.068Z Has data issue: false hasContentIssue false

1 - Jurisdiction over Domestic Military Operations

Published online by Cambridge University Press:  04 April 2019

Stuart Wallace
Affiliation:
University of Cambridge
Get access

Summary

This chapter examines the consequences of losing control over domestic territory for a State’s obligations under the European Convention on Human Rights. It begins by explaining the nature of jurisdiction under Article 1 of the European Convention on Human Rights, exploring the link between a State’s own territory, de facto control and jurisdiction. It highlights how dependent human rights law is on functioning State institutions and the ingrained territorial bias of the European Convention on Human Rights. The chapter explores how the absence of de facto control over territory impacts upon the scope, content and application of the European Convention. It is argued that the consequences of losing control over territory are unclear. At times States are being forced to uphold vestigial positive obligations within territory that they no longer control. The exact scope of these obligations and how States are meant to realistically discharge these obligations are difficult to ascertain.
Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×