Abstract
This chapter addresses the question of whether the European Convention on Human Rights (ECHR) applies extraterritorially. Focusing on its jurisdictional clause, it looks mainly at the interpretation given by the European Court of Human Rights (ECtHR), which has to date provided the most prolific output on the subject. Where appropriate, reference is made to the practice of other mechanisms, especially of UK national courts concerning overseas military operations. Case law is analysed in chronological order and similar cases are clustered together. The chapter starts with the discussion of the travaux preparatoires. It provides an account of early developments in decisions by the ECommHR. The chapter investigates extraterritoriality under the ECHR, focusing on the development of the subject by the ECtHR. Bankovic is used as a place marker for the analysis of relevant cases.Keywords:Bankovic; case law; European convention on human rights (ECHR); European court of human rights (ECtHR); travaux preparatoires; UK national courts
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