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Freeing Soering: the ECHR, state complicity in torture, and jurisdiction

Abstract:

Over the last 10 years, there have been numerous cases of ECHR-state party complicity in torture carried out by foreign states. Some of these cases have been entirely extraterritorial – that is, the victim was never within the territory of the complicit state. Applying the orthodox rules of attribution in international law and the current understanding of jurisdiction under Article 1 of the ECHR, these cases of extraterritorial complicity appear not to lead to the responsibility of the compli...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Accepted manuscript

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Publisher copy:
10.1093/ejil/chw038

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Institution:
University of Oxford
Department:
Oxford, SSD, Law, Law Faculty
Publisher:
Oxford University Press Publisher's website
Journal:
European Journal of International Law Journal website
Volume:
27
Issue:
3
Pages:
817–830
Publication date:
2016-10-05
Acceptance date:
2015-01-19
DOI:
ISSN:
1464-3596
URN:
uuid:fff2174f-cf95-4fbf-a8de-a03a924795de
Source identifiers:
624870
Local pid:
pubs:624870
Keywords:

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