ABSTRACT

This section explores the jurisprudence relating to the extraterritorial application of human rights law with a focus on the right to life. In this way, the discussion attempts to overcome the theoretical and practical difficulties outlined in the critiques of the parallel applicability of humanitarian law and human rights law advanced by writers such as Modirzadeh and Dennis.1 In this regard the purpose of the discussion here is to examine the ways in which the recent jurisprudence on this topic can further inform the discourse relating to the sequenced and parallel applicability of human rights law and humanitarian law in what has been described as the full-spectrum operational environment wherein military forces of states can be seen to pursue multiple ‘lines of operations’ including, inter alia, law enforcement and combat operations outside of their sovereign territory.2