Cox v. Canada – UN HRC – 1994 (452) – unconscionable to let state violate covenant on territory of another state that it couldn’t do in its own state
Compare to ECHR – Bankovic and Others v. Belgium– 2001 (453) – ECHR applies extraterritorially only in exceptional circumstances, doesn’t apply to claim that NATO members violated right to life in bombing FRY radio station during Kosovo conflict. (didn’t have control over area)
Argument that this is too narrow – NATO does have jx over aircraft/decision to bomb
Al Skeini v. Sec. of State for Defence – British Court – 2003 (453) – Bankovic exceptional circumstances did not apply – took place in Iraw, outside area of “effective control.” But British military prison operating in Iraq falls within the exception.
Article 4 – DEROGATION
In times of (officially proclaimed emergency), can derogate from some obligations
Not all obligations (certain rights are non-derogable)
Right to life, ban on torture, slavery, etc.