Extraterritorial military action and human rights: accountability and its challenges

Leander Beinlich

Chapter 32 in Research Handbook on Accountability for Human Rights Violations, 2025, pp 574-590 from Edward Elgar Publishing

Abstract: Military action brings human rights law and the existing accountability mechanisms to their limits – all the more so when taking place abroad. The chapter identifies and outlines the most pertinent legal, practical and institutional hurdles that impair or altogether block accountability for human rights violations in this context. Using examples such as the Russian aggression against Ukraine and the conflict in Yemen, the chapter focuses on international legal accountability mechanisms. This chiefly means the various international human rights mechanisms and courts but also includes other avenues such as the International Court of Justice and international criminal courts. The chapter concludes that the various hurdles and limitations should neither blur the important role that these institutions can play nor discourage efforts to strengthen accountability mechanisms. Crucially, such efforts need to address the inequalities and double standards that plague the history – and present – of accountability in the context of extraterritorial military action.

Keywords: Extraterritorial applicability of human rights; Legal; Practical and institutional obstacles; International human rights mechanisms; International Court of Justice; International Criminal Court (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035306923
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