The Notion of “Jurisdiction” in Article 1: Future Scenarios for the Extra-Territorial Application of the European Convention on Human Rights

This article argues that it is only when there is evidence of effective control over a geographic area that the jurisdiction of a State party may be assumed, whether it be exercised in another State party or even within the territory of a State not party to the Convention. In other instances such as those of control and authority exercised over individuals, even in the absence of effective control over a geographic area, the exercise of jurisdiction under Article 1 cannot be assumed but rather it can only be ascertained if the involvement of the State party in the alleged violation can be demonstrated beyond a reasonable doubt, or based on concrete evidence.