Chapter

International humanitarian law and extraterritorial state conduct

Emanuela-Chiara Gillard

Extraterritorial application of human rights treaties

Antwerp ; Oxford : Intersentia, 2004

p. 25-39

978-90-5095-394-8

English

The author considers the scope of the application of IHL and its limitations. She examines the interaction between IHL and human rights law and raises the question of whether there exists a gap in protection between the two. She argues that human rights norms should be interpreted in a manner consistent with IHL. This ensures the greatest protection to individuals, which is line with what the author defines as the object and purpose of both IHL and human rights law. She identifies one substantive gap within IHL: the use of extraterritorial force in a situation where there is no armed conflict. This gap is illustrated by the U.S.’s use of a drone to kill alleged al-Qaeda members in Yemen. The author argues that in these situations human rights law should be applicable extraterritorially, as holding the host state responsible is not an adequate approach. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]