Search: extraterritorial sanctions
15 Mar Polish-Lithuanian-Belarusian Border Crisis and Ius ad Bellum Part II
...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...
18 Dec The War on Drugs is not a War (Part II): Classification Challenges
...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...25 Jan Wrap Up Discussion II
...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...17 May Book Discussion “Outsourcing War and Peace”: A View from Practice
...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...30 Apr NYU/Government of Austria Issue “The UN Security Council and the Rule of Law”
...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...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...30 Mar Statement Regarding Syria
...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...04 Apr Guest-Post: Nuclear Trafficking as an International Crime?
...peaceful uses, not that in military programs. UN Security Council Resolution (UNSCR) 1540 requires all states to control nuclear materials and commodities (termed “related materials”) and to adopt and enforce civil and criminal penalties against the export, trans-shipment, and financing of transfers that would contribute to proliferation. But the resolution does not itself criminalize such activities, nor does it establish the robust jurisdictional and mutual assistance rules of the nuclear material treaties. Security Council resolutions imposing sanctions on North Korea and Iran establish quasi-criminal penalties (asset freezes and travel bans)...
17 Sep Uniting for Peace in Gaza: A Test for the General Assembly
...have caused harm, such as by leading to deaths at distribution points. To my knowledge, there is no direct precedent of this nature. However, the essence of the plea is in line with earlier resolutions and with the UN’s work to mitigate humanitarian suffering, even when caused indirectly. A striking example is the case of the UN comprehensive sanctions on Iraq in the 1990s. Comprehensive sanctions were blamed for causing widespread humanitarian harm, particularly to children. In response, the Assembly urged exemptions and adjustments, and its continued pressure contributed to...