...trigger catastrophic radioactive releases requiring mass evacuations across hundreds of kilometers, potentially affecting neighboring countries. The IAEA’s Diplomatic Approach to Non-Compliance: A Pathway to Resolution The IAEA follows a clear escalation process when countries violate nuclear agreements. IAEA inspectors first identify violations and report them to the Director General, who presents findings to the 35-member Board of Governors. The Board initially asks the violating country to fix the problem. If diplomacy fails, the IAEA refers the case to the UN Security Council for potential sanctions. This process worked successfully in...
...or not any or each of the categories of international crimes of war crimes, crimes against humanity and genocide have been committed, but rather presents options for solutions for justice and accountability. Some solutions are the same for all three categories of crimes; other solutions apply only to one crime category. This paper will not repeat specific topics addressed elsewhere in this project that may also deal with war crimes, crimes against humanity or genocide, such as sanctions, children, and sexual violence, or the broader transitional justice options (e.g. truth-seeking...
...unlawful occupation of Palestinian lands since 1967 also needs to end, as the International Court of Justice reminded the world in an advisory opinion last year. Concerted pressure is needed beyond civil society. States need to support boycotts, divestments and full-spectrum sanctions, until the occupation ends, and the Palestinian state is independent. The UK has a special responsibility towards the Palestinian people given its colonial past. As a British citizen of Palestinian heritage, I was proud to have been asked to hand deliver a 433-page petition to HMG at 10...
...with state resistance in many forms including sanctions and criminal proceedings against the ICC judges and prosecutor, and even cyber-attacks. The Court has responded to previous attacks and arguably remained resilient. However, the political attacks from Israel and the US can differ from previous ones. The ICC is at risk of encountering extraordinary resistance as the narrative of Israeli and US criticism has transformed beyond merely denying jurisdiction to threats to target and sanction the ICC officials and efforts to prevent the functioning of the Court through intelligence activities. Potential...
...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...
...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...
...international efforts focus primarily on preventing the effects of such threats, rather than on addressing the threats themselves or sanctioning them. There may be an implicit understanding that deviates from the stricter conclusions of the Nuclear Weapons Advisory Opinion. Specifically, the threat of force in response to the extrajudicial and extraterritorial killing of a high-ranking individual within domestic settings (even if they are considered leaders of terrorist organizations, such as Hamas, which is designated as a terrorist organization by the US and the EU) might be viewed as a proportionate...
...criteria for statehood (Montevideo Convention, 1933), which requires (a) permanent population; (b) a defined territory; (c) government; and (d) the capacity to enter into relations with other states. Yet, it has been recognized (ICRC Commentary of 2016) that NIACs can involve extraterritorial aspects, when a foreign State – District 13 – joins one party to the conflict – the rebel groups from the other Districts, rendering the conflict non-international in nature, as long as the State does not exercise effective control of the groups, which is not the case. Having...
...of Volume 35(2), the National Law School of India Review (‘NLSIR’) is releasing a Special Issue focusing on the interactions of TWAIL with ideas of jurisdiction, extraterritoriality, statehood, and sovereignty. The vision behind the Issue owes its origins to Prof. B.S. Chimni’s path-breaking article titled “The International Law of Jurisdiction: A TWAIL Perspective”. In his work, Prof. Chimni highlights the need to critically (re)view the categories of ‘territory’ and ‘extraterritorial. Prof. B.S. Chimni will provide an Afterword, with general reflections and takeaways from the Special Issue. Keeping with our aim...
...than what is already available from non-US providers, so for years global platforms like Google Earth displayed only low-resolution imagery of the area. This is a remarkable example of the extraterritorial reach of a US legislation that with a domestic statute could effectively project one state’s security interests into the global infrastructure of witness Earth from above. This exceptional censorship regime hid evidence of expanding settlements, leveled villages, and military deployments, hindering both science and human rights monitoring for decades. The accountability costs were real. Through the Second Intifada and...
...the political context and other advocacy objectives. Understanding these considerations could explain the deployment of universal jurisdiction within the region. What is the law? Civil society actors deciding where to file universal jurisdiction case must begin by assessing the applicable domestic law. States, through their domestic statutes have adopted different approaches toward prosecuting extraterritorial mass atrocities. In recent years, several states have adopted laws requiring the consent of the Attorney-General or some other government official, the presence of the accused person, and/or some other connection to the state to activate...
...distinct and separate obligation imposed on States. Such an obligation, with respect to genocide, has extraterritorial application as confirmed by the International Court of Justice (ICJ) in The Gambia v. Myanmar, and is mutatis mutandis applicable to CAH. Modelled on the Convention Against Torture (CAT), the Draft Articles impose a binding legal obligation upon States to not commit CAH (Draft Article 3(1)), whether directly or indirectly. In other words, any act or omission by a State could give rise to state responsibility if it contributes to or constitutes CAH. This...