In association with the International Commission of Jurists

Search: extraterritorial sanctions

14 Jul

...natural persons. As for criminal prosecution, it is essential that the draft affirms States’ authority to prosecute and sanction legal and natural persons independently, and that all modes of criminal responsibility, beyond mere commission and ordering, are explicitly recognized and regulated. The responsibility of commanders and superiors, particularly in cases involving crimes under international law, must be established, alongside clarified grounds for jurisdiction that include both territorial and extraterritorial bases. Extraterritorial jurisdiction is key to allow victims to obtain justice, especially when PMSCs and their personnel operate in States with...
14.07.25 | , , and |

30 Jun

and Consumer Protection Act that was passed out of a House-Senate Conference Committee last week seems to provide just the clear statement of congressional intent for extraterritorial jurisdiction of securities law cases that the Court in Morrison was demanding. Assuming no hiccups, that bill should reach President Obama’s desk any day now. Starting on p. 1330 of this version, (b) EXTRATERRITORIAL JURISDICTION OF THE ANTIFRAUD PROVISIONS OF THE FEDERAL SECURITIES LAWS.— (1) UNDER THE SECURITIES ACT OF 1933.— Section 22 of the Securities Act of 1933 (15 U.S.C. 77v(a)) is...
30.06.10 | |

04 Oct

...each week for these outstanding panels, but if not, do not despair, as the video will be available on the ASIL website for future use. John Hursh Stockton Center for International Law, U.S. Naval War College Call for Papers The Department of Legal Studies and the PhD Programme in European Law of the University of Bologna is pleased to announce a call for papers for a doctoral workshop on the topic of ‘The Extraterritorial Application of EU Law: A Contribution to Its Global Reach’ in Bologna on 18-19 March 2021. The scope of application...
04.10.20 | |

08 Mar

[Chimène I. Keitner, Associate Professor of Law, University of California, Hastings College of the Law; Co-Chair, American Society of International Law Annual Meeting] United States courts are not alone in confronting the question of whether certain domestic rights extend beyond the country’s territorial borders. Yet, the field of comparative constitutional law has largely ignored the question of extraterritoriality. My Article, Rights Beyond Borders, addresses that gap by examining recent case law from the United States, Canada, and the United Kingdom—three common law countries whose courts have grappled with claims by...
08.03.11 | |

17 May

...have seen deeper discussion of the more fundamental issues at play here. Although contractors may appear to be “integrated into combat activities” as Judge Silberman claims in his majority opinion, how truly integrated can contractor personnel be when they are not subject to military command authority with the penal sanctions faced by military members for disobeying, can quit whenever they really don’t like something they’ve been told to do or not do, and ultimately do not enjoy combatant immunity for their otherwise criminal acts? Laura’s discussion would have benefited from...
17.05.12 | |

15 Mar

...the above-mentioned principles of international law:  Unauthorized intrusion of airspace by aircraft; Unauthorized crossing of borders by the military forces; Extraterritorial enforcement of jurisdiction (for example, the Eichmann case); Unauthorized covert intelligence operations (for example, the “Rainbow Warrior” incident) Any unauthorized intervention in state internal affairs;  The principle of territorial integrity also contains a specific rule regarding the border itself: the inviolability of frontiers. The rule has been elaborated in multiple documents, especially in those relating to the European and post-Soviet context such as: the Helsinki Final Act of 1975...
15.03.22 | |

25 Jan

...by the negotiating history. . Indeed, the draft text of Article 2 under consideration by the Commission on Human Rights in 1950 would have required that states ensure ICCPR rights to everyone “within its jurisdiction.” The United States, however, proposed the addition of the requirement that the individual also be “within its territory.” Eleanor Roosevelt, the U.S. representative and then-Chairman of the Commission emphasized that the United States was “particularly anxious” that it not assume any extra-territorial obligations. She explained that “[t]he purpose of the proposed addition [is] to make...
25.01.07 | |

23 Oct

...not relieve him from responsibility under international law.” Should these recognitions of nonimmunity for international crimes still prevail today? With respect to civil sanctions as well as criminal sanctions? Are they in jeopardy? What should be done to correct deviant practices globally and/or in the United States? 2. The majority opinion in the ICJ’s Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium) concluded that a sitting Minister of Foreign Affairs “when abroad enjoys full immunity from criminal jurisdiction and inviolability” in another...
23.10.14 | |

11 Sep

...rather than a collection of terrorist groups/subgroups? If a parent corporation was subject to sanctions, and it opened up a wholly-owned but separately incorporated local corporation that was also deemed subject to sanctions, and then it sold ownership of that local corporation, would the local corporation be subject to sanctions? Perhaps that's not helpful, as sanctions are not equivalent to the use of force, but I would appreciate a bit more discussion of the subject. Jordan Jens: yes, it is phrased with past tense words. Interestingly also, "as he determines."...
11.09.14 | |

11 Sep

...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...
11.09.19 | |

06 Apr

dictator Muammar Gaddafi, has been brutally mistreated in the Libyan prison where he currently is being held, stepping up pressure to extradite him to The Hague. Former German Foreign Minister, Joschka Fischer, has a column on Project Syndicate about nuclear talks with Iran. Brazil calls on BRICS nations to rally around one candidate for the World Bank presidency. China calls on all nations to lift sanctions on Myanmar and the US has announced it will ease some sanctions as a result of new democratic reforms. Afghanistan’s Foreign Minister says that...
06.04.12 | |

30 Mar

...redoubled our efforts to put financial pressure on those responsible for human rights abuses in Syria, including through three executive orders in the past year imposing increasingly severe sanctions. We have sought to ensure that Syrian nationals present in the United States are not forced to return to unsafe conditions, most notably by designating Syria for Temporary Protected Status under the federal immigration laws. We have strongly supported the work of the Human Rights Council and the Office of the High Commission for Human Rights in documenting and publicizing human...
30.03.12 | |