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 |

14 Dec

...that, “Dr. Heieck uncritically accepts this conclusion.” While the Bosnian Genocide case was the starting point of my analysis, it is an unfair assessment to state that I “uncritically accepted” the Court’s conclusion regarding the extraterritorial application of the duty to prevent genocide in Article I of the Genocide Convention. On pp. 34-39 of my book, I explain in detail why the ICJ’s adoption of the “capacity to effectively influence” was appropriate (and indeed, required) with respect to satisfying the objective linkage element of the due diligence standard of the...
14.12.18 | |

10 May

...beatings; sleep deprivation; sensory deprivation; forced nudity; stress positions; sexual assault; mock executions; humiliation; hooding; isolated detention; and prolonged hanging from the limbs. All of the Plaintiffs are innocent Iraqis who were ultimately released without ever being charged with a crime. They all continue to suffer from physical and mental injuries caused by the torture and other abuse. CCR makes a strong argument in the relevant brief that Al Shimari is precisely the rare ATS lawsuit that can survive Kiobel. First, CCR argues that Kiobel‘s presumption against extraterritorial application of...
10.05.13 | |

01 Aug

...secondary boycotts. Yet some of the same scholars who embrace restraints on those categories of exertions by individual states or coalitions of the willing” appear to see national courts’ exercises of extraordinary extraterritorial jurisdiction, nullifications of the immunity of foreign officials, and creative circumventions of nullum crimen sine lege as not only exempt from the pitfalls of such unilateral executive measures, but actually as a peace-building and law-developing alternative to such executive measures. This is a fundamental mistake. Extraterritorial prosecution of foreign-state actors and forcible impositions upon foreign political communities...
01.08.09 | |

18 Oct

...extraterritorial safeguards against torture, accountability for extraterritorial acts of torture, non-refoulement, and rules pertaining to the prohibition in times of armed conflict. A flyer is attached with additional information about the report and the side-event. The flyer is also available here. On the occasion of the publication of the second edition of Helen Duffy’s book ”The War on Terror’ and the Framework of International Law’ the T.M.C. Asser Instituut, in cooperation with the International Centre for Counter-Terrorism – The Hague and the International Humanitarian and Criminal Law Platform, proudly present...
18.10.15 | |

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 | |

18 Dec

...a battlefield is, in law, still a law-enforcement space. Part I examined how States have justified and conducted foreign military or law-enforcement interventions against drug cartels, through three distinct legal models: the United States’ claim of extraterritorial self-defense, China’s consent-based cross-border enforcement on the Mekong, and Afghanistan’s joint operations grounded in host-State consent. Part II explores how other States—Colombia, Ecuador, and Mexico—have faced similar dilemmas in classifying drug-related violence. It examines how each has navigated the boundary between organized crime and armed conflict, and what these choices reveal about the...
18.12.25 | |

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 | |

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 | |

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 | |

18 Jul

...to funding and assistance for documentation of SVC, and the provision of humanitarian aid and security to victims, and in the absence of Security Council sanctions to target perpetrators, international actors supporting Ukraine can ensure that their own bilateral trade, diplomatic, banking, travel and other sanctions and asset bans on individuals and the Russian state, target perpetrators of sexual violence. The UK, for instance, on 16 June 2022, included sexual violence in sanctions on four Military Colonels from the 64th Separate Motorised Rifle Brigade, a unit known to have killed,...
18.07.22 | |

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 | |