The Impact- or Causality-Based Extraterritorial Obligation to Respect Human Rights: A Consistent and Humane Approach of the Inter- American Human Rights System

The main bodies of the Inter-American Human Rights System, namely the Commission and the Court, have been much more consistent than their European counterpart when it comes to the basis of extraterritorial jurisdiction and the responsibility of States in relation to the duty to respect human rights. We find evidence of this in its consistent case law, as reflected in precautionary measures regarding the rights of Guantanamo detainees, merits reports in contentious-jurisdiction cases, and reports, among other precedents. In turn, the Inter-American Court of Human Rights has held that human rights standards apply outside of the borders of States, which are bound by their respective obligations in these areas. While there may be some controversy concerning extraterritorial positive human rights obligations, we posit that the Inter- American approach to extraterritorial obligations to respect human rights is the most consistent for the protection of human dignity. We provide a comparative legal analysis of the developments in Inter-American case law and how it could provide inspiration in other systems.