Search: extraterritorial sanctions
08 Jun Institutional Design and Disciplinary Legality at the International Criminal Court
...the International Labour Organisation Administrative Tribunal (ILOAT) within its internal justice framework, particularly for the standard of proof in disciplinary matters. Within the Court’s broader internal legal environment, the jurisprudence of the ILOAT provides a substantial and difficult-to-ignore reference point, strongly supporting the view that disciplinary sanctions should rest on proof beyond a reasonable doubt. Yet ILOAT jurisprudence does not, by itself, resolve every issue arising under Articles 46 and 47 of the Rome Statute. The existing ICC framework does not specify with sufficient clarity how such a standard is...
09 Sep Contemporary International Criminal Law After Critique Symposium: Accountability for the Unaccountable? Article 15 Communications Beyond the ICC
...their view of complicity to include the active support, tacit support, and deliberate silences and inaction of other states and political leaders. By engaging in this form of advocacy, the authors of communications might be able to leverage the stigma of international criminal law to influence public opinion and generate sanctions against illegitimate conduct. Extralegal sanctions can include protests, boycotts, and the reputational damage that arises from being named as a person who has allegedly committed an international crime. For politicians, who rely on public support for re-election, the consequences...
07 Jun Complementarity in the Palestine Situation at the ICC: Could Article 70 Conduct Render Israel “Unwilling” to Investigate Genuinely?
...the US House of Representatives passed a bill to sanction ICC officials –‘the Illegitimate Court Counteraction Act‘– by a vote of 247 (including 42 Democrats) to 155. The sanctions would restrict entry into the US, revoke visas, and impose financial restrictions on anyone at the ICC involved in trying to investigate, arrest, detain or prosecute “protected persons,” or allies of the United States. It would also cover anyone who provides “financial, material or technological support” to those efforts. The bill is unlikely to pass the Senate and President Biden has...
07 Aug Symposium on The Principle of ne bis in idem in International Criminal Law: The Role of ne bis in idem in Transitional Justice – A Multi-level Approach to Justice, Truth, and Reconciliation
...criminal sanctions and thus do not trigger ne bis in idem concerns. However, the information they uncover can lead to subsequent prosecutions, raising questions about the interplay between truth-seeking and legal finality. Nuridzhanian’s framework suggests that while truth commissions operate outside the traditional judicial sphere, their findings must be carefully managed to respect the ne bis in idem principle when transitioning to formal prosecutions. Similarly, customary conflict resolution mechanisms, often rooted in local traditions, may resolve disputes and impose sanctions within communities. The recognition of these resolutions by formal legal...
16 Dec Gaza, Genocide, and the UN General Assembly (Part 1)
...and legitimise UNGA actions. Part 2 asks what action the UNGA should take in light of this report. Specifically, whether the UNGA has the legal authority and should recommend UN Member States to issue sanctions against Israel until it fully complies with the ceasefire agreement, and whether states following those recommendations can do so legally. Independent Commission of Inquiry Report 2025 The Independent International Commission of Inquiry on the occupied Palestinian territory, including East Jerusalem, and Israel (“the Commission”) was established on 27 May 2021 by the Human Rights Council....
10 Oct Rethinking International Law After Gaza Symposium: A Thought Experiment – What if we Tried to Organise the “Rethinking International Law after Gaza” Conference in the UK?
...than those countries with statutory restrictions on free speech that I have worked and organised events at in the past (see here, here, and here, and this collection on Jerusalem that followed a workshop). I am aware this is quite an indictment. As I explain below, the ‘adoption’ of the IHRA definition of antisemitism by many British universities was ideologically driven by the previous Conservative government which threatened financial sanctions against those institutions that refused to adopt it or raised concerns about free speech and academic freedom. The result has...
11 Aug Symposium on Prosecuting Asia-Pacific Crimes: Victim Centrality and Accountability in Sri Lanka
...by Resolution 60/1 that was adopted in 2025, to be reviewed in September 2026 and September 2027. In addition to the UNHRC, attention has also been directed toward the use of sanctions and accountability. These have resulted in several cases where former heads of state and military officials faced travel sanctions, resulting in them and their families being unable to travel to countries such as Canada, the United Kingdom and the United States. These and other steps at the international level have occurred when no genuine steps towards addressing accountability...
12 Jun Prize Law Revisited: Between Permission and Regulation
...Venezuela and Iran, to seize enemy and neutral oil tankers and institute forfeiture proceedings against them on the basis of unilateral US sanctions. The blockade issue is complicated by, first, questions over whether some of these vessels qualified as stateless, and second, that the US claims to have imposed a ‘global blockade’, rather than a geographically defined one, as required by international law (San Remo Manual, Article 94). By bringing the issue under the remit of civil forfeiture, rather than the traditional law of prize, the US makes its own...
31 Mar Upholding International Law as a Public Interest: Case T-482/25 Association of Jurists for Respect for International Law (JURDI) v Council and Commission
...that an action on the basis of the procedure under Art. 265 TFEU was brought against the EU institutions for their inaction concerning Israel’s breaches of international law in the OPT. According to the applicant, the EU institutions unlawfully failed to act following its letter of 12 May 2025 in which the association requested: a) the suspension of the EU-Israel Association Agreement; b) the adoption of sanctions under Art. 29 TEU; c) a formal review of all co-operation activities with Israel; and d) the adoption of a clear public position,...
07 Sep Geltung Ohne Bedeutung in International Law: Agamben, the Veto Shield, and Bare Life in Gaza
...holds at the level of effect: the veto can empty legal norms of enforceable content without ever declaring an exception. At the international level, this suggests that the United Nations Security Council (UNSC) veto power functions as a modern, institutionalized iustitium. Under the UN Charter, the Security Council is vested with primary responsibility for the maintenance of international peace and security. Article 27(3), however, grants the five permanent members (P5) an absolute veto, allowing any single P5 state to block enforcement actions, sanctions, or military interventions under Chapter VII. When...