Search: extraterritorial sanctions

...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...

...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...

...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...

...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...

...is considering trade sanctions against the Netherlands because of stickers printed by far-right politician Geert Wilders which display anti-Islam slogans in the colors of the Saudi flag. Russia came under heavy criticism at the WTO from several of its trading partners, who raised sharp questions over whether Moscow – one of the global trade body’s newest members – is indeed adhering to the international trade commitments that it took on less than two years ago. The West should impose tougher sanctions on Russia, which is waging a “hidden war” in...

...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,...

...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...

...and (3) it is not clear why it should never be acceptable to tolerate a “great evil” in the name of peace. The essay then discusses two basic problems with his proposals for horizontal pluralization, focusing on his support for non-punitive collective sanctions: (1) in order to avoid being retributively unjust, collective sanctions would have to be imposed using the same liberal-legalist procedures that paralyze international criminal trials; and (2) only retributively unjust collective sanctions could effectively deter mass atrocity. As always, comments are welcome and would be most appreciated....

...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...

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...

...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...

...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)...