L’extraterritorialità nel diritto internazionale dei diritti umani

This comprehensive work meticulously explores the principle of extraterritoriality within international human rights law, examining its application and implications across various jurisdictions and circumstances. The text begins with a detailed exploration of how extraterritorial actions such as killings, torture, abductions, and derogations can infringe upon fundamental human rights. Each category is thoroughly analyzed to reveal the primary human rights affected and the frequent legal challenges encountered in these contexts. The study then delves into the intricacies of the extraterritorial applicability of human rights law, extensively discussing the International Covenant on Civil and Political Rights (ICCPR). It addresses the specific conditions under which human rights obligations are considered applicable beyond national borders, incorporating a detailed exploration of both treaty-based and non-treaty-based extraterritorial obligations. The manuscript evaluates various approaches to defining the scope and limits of such obligations, emphasizing a contextual approach that considers both legal precedents and practical enforcement issues. Furthermore, the work assesses the role of regional human rights systems in enforcing extraterritorial obligations, providing in-depth analyses of the European and Inter-American human rights systems. Each regional system is scrutinized to understand its unique approach to extraterritoriality, highlighting significant cases and judicial interpretations that have shaped current practices. This scholarly piece aims to provide a critical and comprehensive overview of extraterritoriality in human rights law, offering nuanced insights into the evolving legal frameworks, key judicial decisions, and ongoing debates that define this complex field. The study is designed to serve as an essential resource for legal scholars, practitioners, and policymakers engaged in the global effort to uphold human rights across borders.