Taking Human Rights Obligations (More) Seriously

ABSTRACT: When states become a party to an international human rights treaty, they obligate themselves to do everything in their power to prevent a substantive wrong (i.e., torture, genocide)—no matter where these wrongs take place. Unfortunately, most states have avoided this reading of international human rights law. Yet, recent interventions under the Genocide Convention brought before the International Court of Justice (South Africa v. Israel; Gambia v. Myanmar) provide evidence of a growing recognition of states' extraterritorial obligations. However, one major impediment has been international law itself, which continues to give states license to engage in harmful policies outside their own national territory, while at the same time ignoring the degree to which states have contributed to violations of human rights standards.