Suchergebnisse

Human rights — Enforcement — European Convention on Human Rights, 1950, Article 1 — Article extending rights and freedoms under Convention to all persons within "jurisdiction" of contracting States — Scope of "jurisdiction" — Whether including foreign serviceman stationed in contracting State — Whether including persons situated outside territory of contracting StateJurisdiction — Territorial — Foreign armed forces — Criminal jurisdiction of receiving State — Concurrent jurisdiction of sending and receiving States — NATO Status of Forces Agreement, 1951, Article VII — Primary right of sending State to exercise jurisdiction — Crime committed by serviceman constituting capital offence in sending State — Imposition of death penalty by sending State violating obligations of receiving State under European Convention on Human Rights, 1950, Protocol No 6, Article 1 — Whether receiving State required to exercise jurisdiction over the offence — Whether receiving State required to ensure that sending State will not impose death penalty prior to release of serviceman into custody of sending State — Relevance of treaty practice of receiving State with regard to extraditionTreaties — Application — By municipal courts — Conflicting treaty obligations — Resolution of conflict by municipal courts — Obligations under NATO Status of Forces Agreement, 1951, Article VII — Conflict with obligations under European Convention on Human Rights, 1950, Protocol No 6, Article 1 — Whether European Convention taking precedence over NATO Status of Forces Agreement — Significance of whether Treaty possessing a direct effect in determining priority of treaty obligations384Treaties — Interpretation — Principles of interpretation — Object and purpose — Travaux préparatoires — Reference to decisions of the European Court of Human Rights — European Convention on Human Rights, 1950, Article 1Human rights — Criminal penalty — Freedom from condemnation to death penalty — European Convention on Human Rights, 1950, Protocol No 6, Article 1 — The law of the Netherlands