36. 虽然在有些情况下，各国可能需要诉诸域外拘留，但此类措施很有可能在没有适当法律保护，特别是充分司法监督的情况下实施，而这会对司法系统的公正廉明产生相应的影响。无论是在反恐行动或其他执法行动和情报行动中，还是在武装冲突期间，域外拘留往往导致侵犯人权行为，如任意和非法剥夺自由、酷刑和其他形式的虐待。此外，一些在其境外开展活动的国家将其拘留的人移送至其他国家，而没有满足不推回原则的实质性和程序性要求，从而使这些人面临侵犯人权的实际风险。在其他情况下，各国在没有国际法要求的适当程序保障和
36. While there are situations that may require States to resort to extraterritorial detention, such measures bear a high risk of being implemented without the due protection of law, notably with respect to sufficiency of judicial oversight, with a commensurate impact on the integrity of the judiciary. Whether undertaken in the context of counter-terrorism or other law enforcement and intelligence operations, or during armed conflict, extraterritorial detention has often led to human rights violations such as arbitrary and unlawful deprivation of liberty, torture and other forms of ill-treatment. Furthermore, some States operating outside their borders have transferred to other States persons whom they detained without satisfying the substantive and procedural requirements of the principle of non-refoulement, thereby exposing these persons to real risks of human rights violations. In other cases, States 111 ICRC, Commentary on the First Geneva Convention, para. 164. 112 Ibid., para. 160. 113 Responsibility of States, art. 16; Application of the Convention on the Prevention and Punishment of the Crime of Genocide, para. 420. 114 Commentary on art. 16 of the articles on the responsibility of States for internationally wrongful acts (A/56/10, chap. IV.E.2); ICRC, Commentary on the First Geneva Convention, para. 160; Pacholska, Complicity and the Law of International Organizations, pp. 129–167; James Crawford, State Responsibility: The General Part (Cambridge University Press, 2013), p. 408; Stefan A.G. Talmon, “A plurality of responsible actors: international responsibility for acts of the coalition provisional authority in Iraq”, in The Iraq War and International Law, Phil Shiner and Andrew Williams, eds. (Hart Publishing, 2008); Marco Sassòli, “State responsibility for violations of international humanitarian law”, International Review of the Red Cross, vol. 84, No. 846 (June 2002), p. 413. 115 Human Rights Committee, general comments No. 29, paras. 11 and 16; and No. 35, paras. 66–68. 116 Responsibility of States, art. 41 (2); Commentary on art. 41 of the articles on the responsibility of