Search: extraterritorial sanctions
27 Feb Dispute over the Panama Canal? Enter the U.N. Charter
...its protocol. Conclusion President Trump represents an existential threat to the international legal order. In facing such challenges, small States–who lack the economic weight to exert countermeasures and reprisals against potential sanctions, as is the case of Panama– must resort to international law and multilateral diplomacy, particularly when dealing with threats against their own territorial integrity and political independence. In situations such as this, time is of the essence. Photo attribution: “In the Panama Canal, 1994” from Family collection of Infrogmation of New Orleans is licenced under CC BY-SA 4.0...
07 Oct Rethinking Atrocity Justice: From Western Exceptionalism to True Universalism
...an unnamed senior leader in the context of arrest warrants being requested for Israeli leaders that “this court is built for Africa and for thugs like Putin.” Of course, the fact that the ICC ultimately did proceed to issue arrest warrants for Benjamin Netanyahu and Yoav Gallant demonstrates that occasionally the wheels of justice move forward even in the face of resistance from key players in the West. Doing so, however, can come with a heavy price for those involved (see here, here and here regarding US sanctions on ICC...
26 May Futureproofing Human Rights Symposium: When the Center Cannot Hold – Grey Zones in “The Age” of Accountability
...contrast, the notion of grey zones refers to settings where the very possibility and relevance of accountability is called into question. This piece therefore understands accountability to refer to criminal sanctions and adjudication mechanisms, as well as to the more normative and foundational idea that actors –especially those in positions of power—must bear consequences for their actions and omissions regarding both negative and positive human rights obligations. Accountability can take place in various forums, not just legal ones, with political arenas also playing a crucial role. This broader understanding foregrounds...
28 Jan Centering Survivors: The Imperative for Inclusive Justice in Crimes Against Humanity Treaty Negotiations
...our work were not there for a variety of reasons, including resources, sanctions, travel restrictions, and the limitations on non-ECOSOC-accredited civil society. Our perspectives matter because the world’s understanding of crimes against humanity is not confined to narrow legal frameworks or isolated examples over time. Rather, it has evolved through the lived experiences of victims, survivors, and affected communities. Our lives and experiences populate the understanding of these crimes that shock the conscience of humanity. However, we remain on the margins of such processes. One of us, Metra, is from...
11 Aug Symposium on Prosecuting Asia-Pacific Crimes: Universal Jurisdiction – A Platform to Hold the Taliban and Other Actors Accountable for International Crimes
...the many decades of conflict). A turning point for our shift of focus came in early 2022 when a Taliban delegation was officially invited to visit Norway. This incident generated urgent questions among members of the diaspora: what exactly is universal jurisdiction, and how can we be ready to act when opportunities present themselves? While it may be a common perception that Taliban members do not travel to countries where universal jurisdiction may be a possibility due to travel bans and sanctions, this is not the case. For example, the...
09 Sep The Case of the Istanbul Bar Association: Justice on Trial in Türkiye?
...can act effectively to defend the rights of others. The important role of bar associations in defending the rule of law and human rights is also attested to in international standards. The UN Basic Principles on the Role of Lawyers, the foundational international text on the protection of the legal profession, affirm that lawyers must be able to carry out their professional duties without interference or intimidation (Principle 16); to participate in public debate on legal and human rights issues without facing sanctions (Principle 23); and to operate self-governing institutions...
26 Mar Symposium on Prosecuting Heads of State for International Crimes: The Tangled Legal Terrain of the Maduro Cases – Crimes Against Humanity, Drug Trafficking and the Immunity of an Alleged President
...rejecting its claim that the crimes committed in Venezuela resulted from the imposition of U.S. sanctions, as this lacked evidentiary basis (para. 7). If the speculations on a sealed ICC warrant are correct, one may wonder what the prospects are of Maduro being surrendered to The Hague. The U.S. is not a party to the Rome Statute and the Court can only invite non-state parties to collaborate (para. 32) through an arrest warrant referral, but cannot oblige execution (Article 59 of the Rome Statute). It is also safe to suppose...29 Sep Events and Announcements: 29 September 2024
...to come. Afterwards, a panel of counter-terrorism experts will examine the relevance of transitional justice for counter-terrorism. Register here. Panel Discussion: The T.M.C. Asser Instituut is hosting the free event “Secondary Sanctions and the International Legal Order” at 18:00 CET on 5 November 2024 in The Hague, the Netherlands. Register here. The Law of International Society: A Road Not Taken: The Center for Critical Democracy Studies at the American University of Paris is pleased to invite you to a lecture by Martti Koskenniemi (University of Helsinki) on: “The Law of...
05 Nov Justice Under Pressure: Strategic Litigation of Judicial Independence in Europe
...which judicial independence has been, or is being, eroded across the EU. Illustrating the Range of Judicial Independence Issues Adjudicated Litigation has commonly responded to frontal attacks on judges’ independence, such as arbitrary dismissals, unfounded disciplinary sanctions, or even the growing criminalization of the judicial role, often as reprisals against judges exercising independence or opposing powerful actors abuse of power. Many cases involving Poland, such as Dolińska-Ficek and Ozimekf v Poland, challenged the arbitrary removal of Polish judges and their replacement by ‘neo judges’ on the judicial council, which meant...
02 Sep We Need to Talk About Genocide
...reaches 40. This means that many Israelis, if not themselves suspected of criminal acts, are potential sources of information regarding events in Gaza and the West Bank – whether a bomb dropped on a café, or tank and rifle fire directed at Palestinians seeking food or medical assistance. Israelis, understandably, want and like to travel – whether to Australia, Canada, the United Kingdom, Africa, Europe or Latin America. If governments were serious about sanctions and about their international duty to prevent and to punish genocide and to bring an end...