Search: extraterritorial sanctions
16 Jan Sanctions On the Upswing by Regional Bodies in Africa
(ii) porous borders blunting the impact of sanctions, and (iii) the difficulty of reaching targeted individuals who operate outside formal financial systems. Exclusion from membership of a respected regional organization may therefore have a greater impact than multilateral sanctions imposed by distant bodies, due to the stigmatizing effects and loss of participation in local economic and security communities. Another difference between UN and regional sanctions is duration. Whereas UN Security Council sanctions often linger on for years, and some would argue, far beyond their natural lifespan, sanctions applied by the...
22 Apr ICC Sanctions Symposium: Implications of Trump Administration’s Sanctions on International Criminal Court Officials
...Trump Administration levied sanctions against two staff members of the ICC pursuant to an executive order issued by President Trump. The world responded with outrage. The administration demonstrated clear disdain for accountability, but the two individuals chosen for sanctions were highly visible African staff members of the ICC. The sanctions came after a determination by the Court’s Office of the Prosecutor (OTP) that war crimes and crimes against humanity were committed in Afghanistan. In November 2017, the OTP filed a request with the Pre-Trial Chamber to open an investigation in Afghanistan, based...
20 Apr ICC Sanctions Symposium: Sanctions and Exceptionalism
...However, if the international system makes common cause of accountability then it is incumbent on everyone to demand of the United States what it demands of other nations—clear proof, not only from government sources but from victims too, of the sanctity of the systems tasked with delivering this justice. The microscopic scrutiny extended to others should equally apply even where countries like the USA with a robust public diplomacy machinery are involved. The USA Pulls Out the Sanctions Card and Other Tactics The reverberations from the infamous sanctions across the...
04 Mar Blocking SWIFT in Russia
violated the US sanctions. SWIFT was no exception, with then US Treasury Secretary Steven Mnuchin warning, “We have advised SWIFT that it must disconnect any Iranian financial institution that we designate as soon as technologically feasible to avoid sanctions exposure.” Like other entities involved in international transactions, this placed SWIFT in the uncomfortable position of navigating sanctions compliance during an awkward period of disharmonized objectives among traditional allies. SWIFT ultimately chose to comply with the US sanctions, snapping back the ban applied to Iranian banks, although it issued a statement...25 Jul Jurisdictional Overlap: Security Council Sanctions and the ICC
A background paper for a High Level Review of Sanctions currently underway at the UN raises some important and interesting questions about the increasing “jurisdictional overlap” between individuals designated on targeted sanctions lists and international criminal courts. In relevant part, the paper states: Increasingly, the reach of sanctions has gone beyond those responsible for initiating and supporting threats to, or breaches of, international peace and security, to include perpetrators of conduct that could be crimes within the jurisdiction of the ICC (especially violations of international humanitarian law, human rights, attacks...02 Dec Extraterritorial Application of Human Rights Treaties: An Overview
human rights treaties, explains that the law of treaties sets no general rules on extraterritorial application, and outlines the basic normative framework of the human rights treaties which are the object of the study, looking in particular at the various types of state jurisdiction clauses that one finds in these treaties, and their relationship with other relevant provisions, such as the colonial clauses. Whether a human rights treaty protects a particular individual in an extraterritorial context is legally a matter of treaty interpretation, and this chapter sets the stage for...
03 Sep What Happens Next? Looking Into Enforcement Solutions Over Hungary’s Human Rights Abuses
...the sanction process, a member of the UN Security Council must propose the sanctions to the Security Council. In order for the sanctions to pass, nine of the fifteen members of the UN Security Council must support the sanctions and the sanctions cannot be vetoed by any of the five permanent member nations of the Security Council. The five permanent member nations’ veto power creates an issue for sanctions against Hungary because one of the permanent members is Russia, who has developed a close relationship with Hungary. Russia has vetoed...01 Aug Emerging Voices: Promoting Threat? Assessing the Role of the European Union as an Enforcer of International Law in the Ukrainian Crisis
this to be the case, the measures need to be successful in convincing (or pressuring) Russia to change its policy in east Ukraine and cease its wrongful act. Although the effectiveness of sanctions is generally an issue addressed by political scientists, it is an equally important question for international lawyers who are interested in ensuring compliance with international legal obligations. Can sanctions such as those imposed by the EU change Russia’s behaviour? We are therefore interested in these measures’ coercive effect (see Francesco Giumelli ‘How EU sanctions work. A new...06 Feb What Exactly Is the ICRC’s Position on Detention in NIAC?
...a “common occurrence in armed conflict,” but it is common in both traditional and extraterritorial NIACs. Common Article 3 does not prohibit detention in either traditional or extraterritorial NIAC. And Additional Protocol II is capable of applying to some traditional NIACs and of not apply to some extraterritorial NIACs. In fact, it is probably more likely to apply in a traditional NIAC. To be clear, I’m skeptical the Opinion Paper is correct even concerning extraterritorial NIAC. Nothing in conventional IHL suggests an inherent power to detain in any kind of...