Search: extraterritorial sanctions
02 Oct Bush Waives Article 98 Sanctions
Peggy and I have both noted a subtle erosion in the Bush adminstration’s opposition to the ICC. See, for example, here and here. That erosion continued today, as President Bush announced that he was using his authority under Section 2007 of the American Servicemembers Protection Act to permit the U.S. to resume military aid to 21 countries who have refused to sign Article 98 agreements. The countries include Barbados, Bolivia, Brazil, Costa Rica, Croatia, Ecuador, Kenya, Mali, Malta, Mexico, Namibia, Niger, Paraguay, Peru, Samoa, Serbia, South Africa, St....29 Sep Do International Criminal Tribunals Deter or Exacerbate Humanitarian Atrocities?
...of the sanctions these individuals are likely to face – death, life imprisonment, and torture – is also likely to be higher than those imposed by an ICT. Thus, prosecution by an ICT will often serve as a weaker substitute, rather than a complement, to pre-existing sanctions. In one situation, however, the threat of ICT prosecution is likely to complement other possible sanctions and serve as a deterrent – where the perpetrator is unlikely to be subject to other sanctions because he is considered to be politically indispensable. But in...26 May Supreme Court Upholds AZ Undocumented Alien Employer Sanctions Measure
Opinion here in Chamber of Commerce v. Whiting . The Court green-lights state use of licensing laws as a tool of immigration enforcement, consistent with the 1986 Immigration Reform and Control Act. It also upheld Arizona’s imposition of the e-Verify system as a mandatory requirement on employers, where Congress had deemed the system voluntary. The decision is important in its own right: business licensing is a pretty significant tool with which to advance a restrictionist agenda. It will no doubt embolden anti-immigration activists to ramp up their efforts...31 Aug Did Vladimir Putin Call for the Statehood of Eastern Ukraine?
...thing many will hear is the rhetoric of those trying to slice off successive pieces of Ukraine. That rhetoric, unanswered, can reinforce the beliefs of those who want to dismember Ukraine. For others, it may make it seem as if maybe Russia “has a point” and muddy the waters. In both instances, effective sanctions could be perceived as just another example of might overcoming right. And, rather than resolving the situation, the seeds for further conflict would be planted. While effective sanctions enforce norms, clear norms strengthen sanctions. ...
18 Jun Avoiding Overreach: Shaping State Responses to Anti-LGBTI Online Hate Speech in Southeast Asia
...individuals in Southeast Asia while navigating online spaces. This disturbing state of affairs is especially entrenched in legally repressive landscapes that discriminate against LGBTI individuals. With respect to this, five countries in Southeast Asia still retain some form of criminal sanctions for consensual same-sex sexual relations, namely Brunei, Indonesia, Malaysia, Myanmar, and Singapore. In addition, during the COVID-19 pandemic, online hate speech and violence against LGBTI people have increased, including in Malaysia and Indonesia. Further, lesbian, bisexual and transgender women are at greater risk and “may experience particularly severe forms of online violence”, as has been...16 Sep Why Professors Ackerman and Golove Are Still Wrong About the Iran Deal
...or terminate sanctions on Iran while Congress “reviews” the agreement. Congress may vote a resolution of disapproval, which would prevent the President from lifting or waiving sanctions, but it doesn’t say he can’t enter into the Agreement. But Congress may also simply do nothing (which is what it has done), which would also allow the President to lift the sanctions after 90 days. Nothing in the Act says the President can’t enter into the Agreement. It just says, once he does so, he has to disclose that agreement to Congress...25 Jul The ECJ’s New Appeal Judgment on Kadi
...balance between the maintenance of (i) international peace and (ii) international security (para.131), suggesting that Courts will play a role in the collective security going forward, particularly where fundamental rights are at stake. Despite the improvements in the listing / delisting process represented by the creation of the UN Office of the Ombudsperson, the Court decides that UN processes do not “provide to the person whose name is listed on the Sanctions Committee Consolidated List … [with] the guarantee of effective judicial protection.” (133) This decision may set a new...22 Oct The Garzon Case and a Global Climate of Attacks on Judicial Independence
...14 October 2020, I filed final submissions to the UN Human Rights Committee (UNHRC) in the long-running Baltasar Garzón v. Spain case, which challenges the prosecution of a judge for his judicial decisions. As the Garzón case epitomizes a number of rule of law challenges of current global concern, including those in the Special Rapporteur’s report, this piece offers a few reflections on the correlation between the case and the report. The UN Special Rapporteur’s report makes clear that sanctions against judges take many forms. They may be civil, criminal...