Investigating the extraterritorial application of the International Covenant on Civil and Political Rights as well as the International Covenant on Economic, Social and Cultural Rights

The territorial scope of the application human rights treaties has been a core discussion when dealing with enforcement obligations imposed by on State Parties. In particular, this is because conduct may affect people situated outside State's borders. Accordingly, to afford protection affected States, most international instruments contain so-called jurisdictional clause which aims identify range whom States owe their under treaty. However, term "jurisdiction" not achieved an undoubted definition as yet and remains continued area contention. subject matter article extraterritorial International Covenant Civil Political Rights (ICCPR) Economic, Social Cultural (ICESCR). It concerns therefore, applicability these affects its borders results in lack full enjoyment recognised Covenants, would be qualified violation treaty had it undertaken Party's own territory. Although literature topic relates specifically armed conflict military occupation, author applies tests established for determination exterritoriality circumstances inclusive beyond occupation.