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284 PRACTITIONERS GUIDE No. 12
complaints for breach of the African Charter and of any other
human rights instrument ratified by a State Party to the
Protocol establishing the Court. 696
iii) Territorial jurisdiction (“ratione loci”)
The jurisdiction ratione loci establishes the geographical reach
of the State’s human rights obligations. Most of the time, an
alien will have clearly entered the State’s jurisdiction when he
or she accesses its territory. It is indisputable that States must
guarantee, secure and protect the human rights of everyone
who is on their territory. 697 This also occurs when the alien is
present in an “international zone” or “zone d’attente” of an
airport. 698
However, States do not only have the obligation to secure and
protect human rights to everyone that is present on their
territory, but also to all persons under their jurisdiction. The
term “jurisdiction” has a wider reach than the national territory
of the State. It applies to all persons who fall under the
authority or the effective control of the State’s authorities or of
other people acting on its behalf, and to all extraterritorial
zones, whether of a foreign State or not, where the State
exercises effective control. 699 Furthermore, where persons or
groups acting under State authority act outside their State’s
territory, so as to bring victims of violations under their
authority, bring the person or the property concerned by the
acts within the State’s jurisdiction, regardless of the territory in
696
Article 3, Protocol to the African Charter on Human and Peoples’
Rights on the Establishment of an African Court on Human and
Peoples’ Rights (P-ACHPR on African Court).
697
Article 2.1 ICCPR; Article 2.1 CRC; Article 7 ICRMW; Article 1
ECHR; Article 1.1 ACHR; Article 3.1 ArCHR.
698
Amuur v. France, ECtHR, op.cit., fn. 45, paras. 52-53.
699
See, fn. 46.