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Extraterritorial Operations
An extraterritorial operation in international law is a law enforcement or military operation that takes place outside the territory or jurisdiction of the state whose forces are conducting the operation, generally within the territory of another sovereign state. Under international law, these activities are generally highly restricted, and it is considered a violation of a state's sovereignty if any other state engages in law enforcement or military operations within another state without gaining that state's consent. Background Law enforcement The policing of transnational and international crimes is a challenge to state-based law enforcement agencies, as jurisdiction restricts the direct intervention a state's agencies can legally take in another state's jurisdiction, with even basic law enforcement activities such as arrest and detention "tantamount to abduction" when carried out extraterritorially. These explicit limits on extraterritorial law enforcement operations has ...
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International Law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, International organization, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, Trade, economic relations, and human rights. International law differs from state-based List of national legal systems, domestic legal systems in that it operates ...
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Protection Of Diplomats Convention
The Protection of Diplomats Convention (formally, the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents) is a United Nations anti-terrorism treaty that codifies some of the traditional principles on the necessity of protecting diplomats. Adoption The convention was adopted as a resolution of the United Nations General Assembly on 14 December 1973 in response to a series of kidnappings and murders of diplomatic agents, beginning in the 1960s. It was drafted by the International Law Commission (ILC), which began work on it in 1971. It was adopted within two years, which was exceptionally fast by ILC standards. Content Parties to the convention agree to criminalize the commission of murders or kidnappings of internationally protected persons as well as violent attacks against the official premises, private accommodation, or means of transport of such persons. Parties to the convention also agree to crimina ...
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Military Law
Military justice (or military law) is the body of laws and procedures governing members of the armed forces. Many nation-states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use civilian judicial systems. Legal issues unique to military justice include the preservation of good order and discipline, the legality of orders, and appropriate conduct for members of the military. Some states enable their military justice systems to deal with civil offenses committed by their armed forces in some circumstances. Military justice is distinct from martial law, which is the imposition of military authority on a civilian population as a substitute for civil authority, and is often declared in times of emergency, war, or civil unrest. Most countries restrict when and in what manner martial law may be declared and enforced. Canada All Comm ...
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Human Rights
Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human, regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass a broad range of civil, political, economic, social, and cultural rights, such as the right to life, freedom of expression, protection against enslavement, and right to education. The modern concept of human rights gained significant prominence after World War II, particularly in response to the atrocities of the Holocaust, leading to the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged t ...
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Law Enforcement
Law enforcement is the activity of some members of the government or other social institutions who act in an organized manner to enforce the law by investigating, deterring, rehabilitating, or punishing people who violate the rules and norms governing that society. The term encompasses police, courts and corrections. These three components of the criminal justice system may operate independently of each other or collectively through the use of record sharing and cooperation. Throughout the world, law enforcement are also associated with protecting the public, life, property, and keeping the peace in society. The concept of law enforcement dates back to ancient times, and forms of law enforcement and police have existed in various forms across many human societies. Modern state legal codes use the term law enforcement officer or peace officer to include every person vested by the legislating state with police power or authority; traditionally, anyone sworn or badged who can arrest ...
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Transnational Repression
Transnational repression is a type of political repression conducted by a state outside its borders. It often involves targeting political dissidents or critical members of diaspora communities abroad and can take the forms of assassinations and/or enforced disappearances of citizens, among others. Freedom House has documented its rise worldwide in recent years. Incidents that occur in the United States have been investigated by such agencies as the FBI. International relations scholar Laurie Brand asserts that autocracies face specific challenges and opportunities in the international sphere that affect authoritarian practices. Specifically, the rise of transnationalism and practices that transcend national borders have led autocracies to develop strategies aiming to manage their citizens' migration. According to political scientist Gerasimos Tsourapas, global autocracies engage in complex strategies of transnational repression, legitimation, and co-optation, as well as coopera ...
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Extraterritorial Jurisdiction
Extraterritorial jurisdiction (ETJ) is the legal ability of a government to exercise authority beyond its normal boundaries. Any authority can claim ETJ over any external territory they wish. However, for the claim to be effective in the external territory (except by the exercise of force), it must be agreed either with the legal authority in the external territory, or with a legal authority that covers both territories. When unqualified, ETJ usually refers to such an agreed jurisdiction, or it will be called "claimed ETJ" or similar terms. The phrase may also refer to a country's laws extending beyond its boundaries in the sense that they may authorise the courts of that country to enforce their jurisdiction against parties appearing before them in with respect to acts they allegedly engaged in outside that country. This does not depend on the co-operation of other countries, since the affected people are within the relevant country (or at least, in a case involving a person bein ...
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Extraterritoriality
In international law, extraterritoriality or exterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations. Historically, this primarily applied to individuals, as jurisdiction was usually claimed on peoples rather than on lands. Extraterritoriality can also be partly applied to physical places. For example, such is the immunity granted to diplomatic missions, military bases of foreign countries, or offices of the United Nations. The three most common cases recognized today internationally relate to the persons and belongings of foreign heads of state and head of government, government, the persons and belongings of ambassadors and other diplomats, and ships in international waters. Forms In the past, pre-modern states generally claimed sovereignty over persons, creating something known as personal jurisdiction. As people move between borders, this led, in the framework of a territorial jurisdiction, to cer ...
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International Humanitarian Law
International humanitarian law (IHL), also referred to as the laws of armed conflict or the laws of war, is the law that regulates the conduct of war (''wikt:jus in bello, jus in bello''). It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants. International humanitarian law is inspired by considerations of humanity and the mitigation of human suffering. It comprises a set of rules, which is established by treaty or custom and that seeks to protect persons and property/objects that are or may be affected by armed conflict, and it limits the rights of parties to a conflict to use methods and means of warfare of their choice. Sources of international law include international agreements (the Geneva Conventions), customary international law, general principles of nations, and case law. It defines the ...
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Article 1 Of The European Convention On Human Rights
Article 1 of the European Convention on Human Rights is the first article of the European Convention on Human Rights. It states that "The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention". Jurisdiction The "jurisdiction" of member states has been challenged several times at the Court, the principle question being to what extent jurisdiction is territorial in nature. The court has struck a path between recognising exceptions to the regional nature of the treaty and In '' Loizidou v Turkey (Preliminary Objections)'' (1995) 20 EHRR 99 the European Court of Human Rights stated: Bearing in mind the object and purpose of the Convention, the responsibility of a Contracting Party may also arise when as a consequence of military action - whether lawful or unlawful - it exercises effective control of an area outside its national territory. The obligation to secure, in such an area, the rights and f ...
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Human Rights Law
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law. Other international human rights instruments, while not legally binding, contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of ''political'' obligation. International human rights law, which governs the conduct of a state towards its people in peacetime is traditionally seen as distinct from international humanitarian law which governs the conduct of states and non-state armed groups during conflict, although the two branches of law are complementary and in some ways overlap. A more systemic perspective exp ...
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Council Of Europe
The Council of Europe (CoE; , CdE) is an international organisation with the goal of upholding human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, representing 46 member states from Europe, with a population of approximately 675 million ; it operates with an annual ordinary budget of approximately 500 million euros. The organisation is distinct from the European Union (EU), although people sometimes confuse the two organisations – partly because the EU has adopted the original Flag of Europe, European flag, designed for the Council of Europe in 1955, as well as the Anthem of Europe, European anthem. No country has ever joined the EU without first belonging to the Council of Europe. The Council of Europe is an official United Nations General Assembly observers, United Nations observer. Unlike the EU, the Council of Europe cannot make binding laws; however, the council has produced a numbe ...
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