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Global Law Working Paper Series GLWP 08/04

Author

Theodor Schilling, Global Emile Noel Fellow

Title

"Is the United States bound by the International Covenant on Civil and Political Rights in Relation to Occupied Territories?"

Abstract

The United States has ratified the ICCPR. The question is whether it is bound by that treaty also in occupied territories - the answer will be affirmative - and whether it is a valid defense against the reproach of having committed a human rights violation in occupied territory for it to claim that this violation was authorized by a Security Council resolution. On the basis of the international law principles forbidding a State to frustrate the objects of a treaty to which it is a party, and preventing a State from benefitting from its own wrongdoing, the latter question will be answered in the negative.

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thsch@web.de

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