Search: extraterritorial sanctions

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....

...arrival of Ansar Dine/AQIM in Timbuktu; it was, Judge Mindua states, therefore allowed (Separate Opinion [58]). Amputation and flogging were, however, more problematic. They had not really applied in Mali [56] and, as Judge Mindua acknowledges, they appear as torture to many international lawyers [64]. Nevertheless, Judge Mindua points out, they are legal sanctions in states which belong to the United Nations.  As such, Judge Mindua will not state that these sanctions are necessarily illegal, even though he notes their incongruency with human rights and international law. He remains equivocal...

...president to now “dismantle” the deal in its entirety, the most significant international sanctions having been lifted by a binding resolution of the UN Security Council, a resolution all other veto bearing members of the Council remain committed to supporting. The United States could of course re-impose some or all of the national sanctions it had suspended in support of the deal. But at this point it is hard to see how the sanctions of any individual state, however powerful, would succeed in persuading Iran to abandon its decades old...

...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...

...banking and real estate transactions that are intended to launder illicit funds. This necessarily requires targeted use of legal and policy tools to prevent violators of IHL and their associates from profiteering from serious breaches of IHL. Some of the examples of targeted sanctions identified in Dr Mutuma’s chapter include punitive bilateral trade and investment measures against the government of South Sudan, banning the acquisition of property in Kenya and Uganda by individuals on the UN sanctions list for war crimes, as well as confiscation of the property of such...

...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...

...Clinton is calling on the UNSC for tougher sanctions against Syria, even though such sanctions are expected to be vetoed. The EU Parliament has approved a deal with the US on air passenger data sharing that includes tighter restrictions to ensure privacy. EU foreign ministers are set to suspend sanctions against Myanmar for one year. Colombia’s FARC denies any plans to surrender, despite proposing negotiations with government. Tensions further escalate between Sudan and South Sudan as the current Sudanese president Omar Hassan al-Bashir has promised to teach its neighbor to...

...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,...

...reasonable doubt.” It is hard to see what is left of Butler after Labaye. As for MacKinnon, she has never repudiated the Butler approach. She has merely advocated that civil rather than criminal sanctions be employed to suppress pornography. Of course, civil sanctions can be just as repressive as criminal sanctions. The ultimate incoherence of MacKinnon’s approach is that it seeks to rely on the machinery of the patriarchal state to suppress patriarchal speech. That the actual consequence of her approach was the suppression of gay, lesbian and feminist material...

...it is necessary to pass resolutions of a legislative character, respect for them will be enhanced by a process that ensures transparency, participation, and accountability. When the Council contemplates judicial functions, it should draw on existing institutions of international law. (v) Sanctions targeted at individuals have presented a challenge to the authority of the Council: legal proceedings have been commenced in various jurisdictions and there is evidence that sanctions are not always applied rigorously. The Council should be proactive in further improving “fair and clear procedures” to protect the rights...

...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."...

...from vetoing any sanctions? My guess is that international opinion and pressure will be so overwhelming that Russia will go along with any punishment against the Syrian state, but that the punishment will be sadly weak. Sanctions are a fairly inefficient tool of statecraft, have little effect (link is to the JSTOR database; subscription required), and typically punish the civilian population more than political leadership (I’ll consider the problem of sanctions in a post later this week). So, for those of you who have faith in the UN and international...