Solving the “Life of the Nation” Conundrum – Extraterritorial Derogations in International Military Operations
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Solving the “Life of the Nation” Conundrum – Extraterritorial Derogations in International Military Operations. / Wiesener, Cornelius.
Human Rights and International Humanitarian Law: Challenges Ahead. red. / Andreas Zimmermann; Norman Weiß. Edward Elgar Publishing, 2022. s. 76-94.Publikation: Bidrag til bog/antologi/rapport › Bidrag til bog/antologi › Forskning › fagfællebedømt
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TY - CHAP
T1 - Solving the “Life of the Nation” Conundrum – Extraterritorial Derogations in International Military Operations
AU - Wiesener, Cornelius
PY - 2022
Y1 - 2022
N2 - In recent years, human rights bodies, such as the European Court of Human Rights, have shown greater willingness to extend the reach of their human rights treaties to a broad range of actions that states may undertake abroad, including overseas military missions. What remains much less clear is whether states can also derogate from their human rights obligations in response to the challenging security situations they may face abroad. In fact, both the ECHR and the ICCPR allow states to take emergency measures only if the ‘life of the nation’ is at risk. It is therefore debatable whether derogations can be invoked where the emergency in question takes place exclusively abroad (e.g. in Mali), without posing a real threat to the ‘home nation’ (e.g. Denmark). This chapter seeks to solve this ‘life of the nation’ conundrum and examines three possible models of extraterritorial derogations.
AB - In recent years, human rights bodies, such as the European Court of Human Rights, have shown greater willingness to extend the reach of their human rights treaties to a broad range of actions that states may undertake abroad, including overseas military missions. What remains much less clear is whether states can also derogate from their human rights obligations in response to the challenging security situations they may face abroad. In fact, both the ECHR and the ICCPR allow states to take emergency measures only if the ‘life of the nation’ is at risk. It is therefore debatable whether derogations can be invoked where the emergency in question takes place exclusively abroad (e.g. in Mali), without posing a real threat to the ‘home nation’ (e.g. Denmark). This chapter seeks to solve this ‘life of the nation’ conundrum and examines three possible models of extraterritorial derogations.
U2 - 10.4337/9781839108273.00012
DO - 10.4337/9781839108273.00012
M3 - Book chapter
SN - 9781839108266
SP - 76
EP - 94
BT - Human Rights and International Humanitarian Law
A2 - Zimmermann, Andreas
A2 - Weiß, Norman
PB - Edward Elgar Publishing
ER -
ID: 336822320