Year: 2025
Type: article
Abstract: African states' participation in the United States programme ofextraordinary rendition and the creation of a similar approach among African states and other states have raised the question of the extraterritorial scope of the African Charter on Human and Peoples' Rights. The article seeks to address the question of whether the African Charter gives rise to extraterritorial obligations in case of extraordinary rendition. It evaluates the circumstances for extraterritorial application of international human rights law in the context of extraordinary rendition. The African Commission on Human and Peoples' Rights has received and entertained cases on extraterritorial obligations and extraordinary rendition. Thus, the article discusses the scenarios that need to be fulfilled for extraterritorial obligations and responsibilities of states to be called into question in cases of extraordinary rendition. Accordingly, even though the African Charter is devoid of a jurisdictional clause, based on article 60 of the Charter and teleological interpretation, the obligations imposed by African Charter arguably have extraterritorial reach.
Source: African Human Rights Law Journal
Author: Brook K Abebe
Institution: University of Gondar
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4407226830