Extraterritorial Operations
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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: 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 therefore ins ...
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International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ...
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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 criminal ...
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Transnational Organized Crime
Transnational organized crime (TOC) is organized crime coordinated transnational crime, across national borders, involving groups or markets of individuals working in more than one country to plan and execute illegal business ventures. In order to achieve their goals, these criminal groups use systematic violence and corruption. Common transnational organized crimes include Illegal drug trade, conveying drugs, Arms trafficking, conveying arms, Sex Trafficking, trafficking for sex, toxic waste disposal, materials theft and poaching. History Prior to World War I, several organizations were created to formalize international police cooperation, but most quickly failed, primarily because public police institutions were not sufficiently detached from the political centers of their respective states to function autonomously as expert bureaucracies. In 1914, the First International Criminal Police Congress was held in Monaco, which saw police officers, lawyers and magistrates from 24 ...
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Military Law
Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodies of law, which respectively govern the conduct of civil society and the conduct of the armed forces; each body of law has specific judicial procedures to enforce the law. Among the legal questions unique to a system of military justice are the practical preservation of good order and discipline, command responsibility, the legality of orders, war-time observation of the code of conduct, and matters of legal precedence concerning civil or military jurisdiction over the civil offenses and the criminal offenses committed by active-duty military personnel. Military justice is different and distinct from martial law, which is the imposition of direct military authority upon a civilian population, in place of the civilian legal system of law ...
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Human Rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in Municipal law, municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being Universality (philosophy), universal, and they are Egalitari ...
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Law Enforcement
Law enforcement is the activity of some members of government who act in an organized manner to enforce the law by discovering, deterring, rehabilitating, or punishing people who violate the rules and norms governing that society. The term encompasses police, courts, and corrections. These three components may operate independently of each other or collectively, through the use of record sharing and mutual cooperation. 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 peace officer, or law enforcement officer, to include every person vested by the legislating state with police power or authority; traditionally, anyone sworn or badged, who can arrest any person for a violation of criminal law, is included under the umbrella term of law enforcement. Although law enforcement may be most concerned with the prevention and punishment o ...
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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 something like "claimed ETJ". 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 being ...
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Extraterritoriality
In international law, extraterritoriality 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, such as 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 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 certain persons being under the laws of countries in w ...
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International Humanitarian Law
International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war (''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 conduct and responsibilities of bell ...
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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 fr ...
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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 are 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 a state during armed conflict, although the two branches of law are complementary and in some ways overlap. A more systemic perspective explains that internati ...
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Council Of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it has 46 member states, with a population of approximately 675 million; it operates with an annual budget of approximately 500 million euros. The organisation is distinct from the European Union (EU), although it is sometimes confused with it, partly because the EU has adopted the original Flag of Europe, European flag, created 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. Being an international organization, the Council of Europe cannot make laws, but it does have the ability to push for the enf ...
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