Hostname: page-component-5c6d5d7d68-thh2z Total loading time: 0 Render date: 2024-08-10T07:17:42.868Z Has data issue: false hasContentIssue false

Franklin Guillermo Aisalla Molina (Ecuador-Colombia) Inter-State Petition IP-02 (Admissibility)

Inter-American Commission on Human Rights.  21 October 2010 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Human rights — Scope and extent — Jurisdiction — Whether persons outside the territory of the State nevertheless within its jurisdiction — Military operation by forces of one State in the territory of another — Individuals brought within the control of agents of the former State — Whether treatment of those individuals subject to requirements of human rights law — American Convention on Human Rights, 1969

Human Rights — Scope and extent — International humanitarian law — Relationship with international human rights law — Whether mutually exclusive — Significance of international humanitarian law as lex specialis — American Convention on Human Rights, 1969

International tribunals — Inter-American Commission on Human Rights — Jurisdiction — Inter-State cases — American Convention on Human Rights, 1969, Article 45

Claims — Local remedies rule — Purpose of rule — Burden of proof — Respondent State bearing burden of proving effective remedies available — Human rights

War and armed conflict — Applicable law — Counter-terrorist military operation by forces of Colombia in territory of Ecuador — Whether human rights law applicable

Type
Case Report
Copyright
© Cambridge University Press 2012

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)