Subjective Scope of Application of the Customary Standard of ‘Full Protection and Security’
Two elements define the subjective scope of application of the FPS standard in customary international law. The first element corresponds to the beneficiary of the security obligation. As an institution of the law of aliens, the FPS standard entails a foreignness requirement and thus protects only foreign natural and juristic persons. The second element refers to the provider of security. As a rule, the security obligation is imposed upon the state exercising territorial jurisdiction over foreign nationals. The FPS standard is however also applicable in respect of non-state entities, provided they are accountable under international law and exercise actual territorial control (e.g. de facto regimes).