Loizidou v. Turkey (Preliminary Objections)

Abstract

Human rights — State responsibility — Whether alleged violations capable of falling within the jurisdiction of respondent Government even when occurring outside its national territory — Meaning of jurisdiction under Article 1 of the European Convention on Human Rights — Responsibility arising from effective control over an area as a consequence of lawful or unlawful military action — Northern Cyprus

Recognition — Government — Effect of recognition of government by international community — Granting of locus standi as government of a High Contracting Party to the European Convention on Human Rights

Treaties — Interpretation — Validity of territorial restrictions attached to declarations accepting competence of Commission and Court — Special character of European Convention on Human Rights — Interpretation in light of present-day conditions and so as to make safeguards effective — Ordinary meaning of optional clauses in their context and in light of their object and purpose — Expressly permitted restrictions — Subsequent practice of Contracting Parties — Fundamental differences in the roles and purposes of the International Court of Justice and the European Court of Human Rights

Treaties — Interpretation — Validity of remaining parts of declarations accepting competence of Commission and Court — Severability of invalid restrictions — Relevance of government’s statements subsequent to filing of declarations — Government’s awareness of consistent State practice