Banković v. Belgium and Others

Abstract

Human rights — Nature and scope of human rights treaties — European Convention on Human Rights, 1950 — Article 1 — Duty of parties to secure the rights and freedoms under the Convention to persons within their jurisdiction — Extent of jurisdiction — Persons outside the territory of a Contracting State — Whether within its jurisdiction — Interpretation of the Convention — Requirement that Convention be interpreted in accordance with international law — Convention as part of the system of international law

Human rights — Protection in time of armed conflict — Relationship between human rights and international humanitarian law — Right to life — Bombardment of target in foreign State during armed conflict — Whether capable of amounting to violation of the right to life — European Convention on Human Rights, 1950, Article 2

Jurisdiction — Concept of jurisdiction in international law — Jurisdiction primarily territorial — Circumstances in which jurisdiction of State extends beyond its borders — Whether persons affected by military action taken by one State in the territory of another fall within the jurisdiction of the former State

Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969, Articles 31 and 32 — Applicability to interpretation of the European Convention on Human Rights, 1950 — Ordinary meaning of words used — Subsequent practice — Relevance of travaux préparatoires — Convention as a living instrument

War and armed conflict — Law applicable to armed conflict — Human rights law — Relationship with international humanitarian law