Search: extraterritorial sanctions
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...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...
08 Jul Is the Captain a Code? Redefining the “Genuine Link” under the Law of the Sea in the Age of Maritime Algorithmic Architecture
...of “dark fleets” (meaning vessels operating under opaque ownership and obscure flags to bypass international sanctions) requires a re-evaluation of maritime jurisdiction that transcends traditional security concerns. Although fully autonomous dark fleets remain rare today, even partial automation already raises critical doctrinal questions for flag State jurisdiction. An example is the recent surge in sophisticated AIS-spoofing in the Baltic Sea and the Persian Gulf, where vessels use algorithmic coordinates to broadcast false positions, effectively creating “ghost footprints” that mask illicit ship-to-ship transfers. In addition, the 2023 explosion of the tanker...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)...16 Aug Emerging Voices: Counterterrorism and Humanitarianism–Assessing the Current (Im)Balance
...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...19 Sep New Review Essay on SSRN
...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....15 Aug The Revised Draft of a Treaty on Business and Human Rights: A Big Leap Forward
...welcome addition to the draft treaty because a series of offences catalogued as crimes under international law or for which international law requires criminalization require separate treatment in the treaty, given their serious character and gravity. However, it also raises questions because it would have some overlap with article 6.1 that mandates a comprehensive legal liability system, presumably also including civil, administrative and criminal. The text of article 6.7 is not clearly linked to a clause providing for sanctions or penalties commensurate with the gravity of the offences (which appears...12 Apr Iran Joins the Nuclear Club
...United States militarily." However no US military power will be able to contain the chaos and asymmetrical warfare that will engulf the region after the US attacks Iran. FKh: Is there any likelihood of UN Security Council approving any kind of force against Iran? What about Sanctions? JH: I don't think there is any likelihood the UN Security Council will approve any kind of force nor sanctions against Iran. Iran is well within its rights within the NPT to enrich uranium on an industrial scale. The US does not want...12 Dec Enforcing the Law and Punishing Syria
...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...