Search: extraterritorial sanctions
23 Aug Ruth Wedgwood on the Lockerbie Release, and the Politics of Security Council Resolutions
...policy began with the Bush Administration’s [Bush Sr.] decision in 1991-92 to judicialize the Pan Am 103 matter rather than to use force, in effect treating this Libyan act of terror like a domestic murder case, rather than the political-military attack that it was. Ruth remarks in her article that the Lockerbie trial chamber was organized under pressure of Security Council resolutions (SC Resolution 731 (1992) deploring Libya’s lack of cooperation with investigators, and SC Resolution 748 (1992) imposing sanctions on Libya): In response to the bombing, the Americans mobilized...20 Nov Judging the “Power” of International Law
...and liberal internationalists alike have appealed selectively to historical events and ideas as well as to legal decisions and standards to construct their case for the weakness and irrelevance (non-existence?) versus strength and importance of the international legal system in international affairs. One example is regularly countered by another. Mary Ellen claims that the existence of sanctions alone shows that actors who matter take international rules seriously. I suspect that Jack and Eric would retort that sanctions are yet another justification that the powerful clothe in some-time principle to further...
11 Sep Libya and International Justice Symposium: Justice, Delayed
...system has collapsed. Lawyers, judges and prosecutors are also prime targets of militias. The prosecutor of the International Criminal Court (ICC) has a mandate to investigate war crimes, crimes against humanity and genocide in Libya yet the prosecutor has issued only one arrest warrant since 2011: against Mahmoud el-Werfalli, a commander linked to the LNA, for extrajudicial executions. The UN sanctions have been underused: only eight people have been listed for individual targeted sanctions since the 2011 revolution, including two militia commanders and six people involved in trafficking. Attempts to...26 Jan Self-Interest and Compliance
...either had to seek changes to the tax code or face sanctions through the WTO system. The President (and Congress) chose to change the tax code. The cost of non-compliance—trade sanctions with potentially significant economic effects—outweighed the cost of compliance—some companies being upset. These are the “hard cases” when it comes to compliance with international law because the mode of reasoning and decision-making is not primarily legal, but political (or diplomatic). In this form of decision making, the question of compliance is driven by an analysis of power: which is...23 Jun The Security Council Debates the Value of International Law
...of those seeking to threaten that stability. The Council had also established sanctions regimes, which played a critical role in stabilizing societies. There had been a good deal of discussion recently about whether to take steps to implement transparency in the targeting of sanctions. He wished to make those lists of targets as accurate as possible, and as transparent as was practicable. He looked forward to working with other Council members in the context of the “1267” Committee, to consider the proposals on the table and to ensure that sanctions...
18 Jun Framing Prolonged Occupation
...understandings, and derive from the morality of international behavior. The international community becomes most animated when it understands that a state’s activities amount to annexation, that they constitute territorial acquisition. Consider the following example: when Iraq invaded Kuwait in 1990, the Security Council immediately imposed sanctions. While the delegates from Canada and Zaire referenced the illegality of the invasion and occupation of Kuwait, the ten states that sponsored Resolution 661 repeatedly held that sanctions were a direct response to Iraqi aggression and the use of force. When, days later, Iraq...16 Aug Emerging Voices: Counterterrorism and Humanitarianism–Assessing the Current (Im)Balance
...pursuant to the International Emergency Economic Powers Act (“IEEPA”)) and their implementing regulations enforced by OFAC. A number of Executive Orders are part of the broader U.S. sanctions framework, and extend beyond counterterrorism; quite a few of them, nonetheless, impact humanitarian organizations, as was seen in January when the M23 (an armed group active in and around parts of the DRC in which humanitarian organizations operate) was listed under both the NDAA and Executive Order 13413. Though the sanctions framework, when compared to the material support statute, has different jurisdictional...25 Sep UN General Assembly Should Allow US to Deny Al Bashir Access
Jordan John: interesting, but I do not agree that he has immunity from a criminal sanctions process that involves custody, transfer, and prosecution before the ICC, especially since there is absolutely no immunity under any international criminal treaty for a head of state (e.g., Genocide Convention, art. IV; Geneva Conventions; CAT, arts. 1, 5-7 -- and the customary international law reflected in each) and Article 27(1)-(2) (which mirrors customary international law with respect to sanctions processes of international criminal tribunals) expressly denies immunity with respect to the ICC sanctions process....