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...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...
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...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...
01 May Can Coastal States Interrupt Foreign Passage in Their Territorial Seas in Response to Non-Compliance with Human Rights Obligations? A Response to the ASCOMARE Legal Opinion
...territorial sea. The UK seized the vessel because it was believed to be transporting Iranian oil to Syria in breach of sanctions responding to international crimes. While this act violated the ship’s (or Panama’s) passage rights under the law of the sea, the law governing countermeasures arguably offered avenues for precluding its wrongfulness. In casu, the British action must be seen within the broader context of Western sanctions then aimed at dissuading the Assad regime from persisting in international crimes and other human rights violations. But this argumentative option is...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...
07 Aug The ICJ’s Scrutiny of Third-State-Determined Evidence of Genocide: The Sudan Genocide Case in Perspective
...erga omnes partes to prevent genocide and/or their objectives of imposing unilateral sanctions, the omission of revealing the methodological issues or supporting evidence may lead to the assumption of political use or divulge a lack of legal utility before international courts and tribunals. As illustrated by the Ukrainian Genocide Allegations case, an unsubstantiated determination of genocide by a third State and/or its (mis)use to justify other actions of that State may lead to proceedings before the Court. Additionally, the practice of imposing unilateral sanctions on the basis of a third-State...06 Apr Weekday News Wrap: Friday, April 6, 2012
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...23 Jun The Security Council Debates the Value of International Law
...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...