Search: extraterritorial sanctions

...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)...

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....

...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,...

...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...

...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...

...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...

Blog reports on the four new judges at the European Court of Human Rights, representing Bosnia, Croatia, Moldova and Russia. The UN is likely to hold a debate in November about the status of Palestine and whether to upgrade its current observer entity status to observer state status. In Tehran, Iranian police have clashed with protestors upset with the fall of the rial more than 40% in a week due to Western sanctions. US Secretary of State Hillary Clinton says that these sanctions could be eased quickly with atomic cooperation....

...State responsibility norms to cover an extensive range of accountability mechanisms at the international and domestic level. International Criminal Justice may potentially benefit from the conceptualisation of a duty to end impunity lying with the States and associated with appropriate consequences for the failure to fulfil this duty. It is important to note that this obligation may not only fall upon the States. The Security Council may also have an impact on ending impunity through targeted sanctions and other accountability measures. Due to the limited length of this post, this...

...be a UN-mandated force under OSCE guidance, or a force with a delegated UN mandate supervised by the Group of Supporting States. Should any side resume the conflict, an arrangement for the automatic snap-back of sanctions could be constructed. While this might be difficult to accept for the Russian Federation, Ukraine and its allies could insist that the UN Security Council Resolution that would endorse the settlement under Chapter VII provides for sanctions that would be brought into force automatically, and universally, should a further armed attack occur. As confirmed...

...Oil for Food scandal for the institution’s long-term survival. Petty corruption is one thing, but petty corruption that directly undermines the U.N.’s administration of sanctions against Iraq is quite another. If the U.N. cannot effectively administer sanctions against Iraq without succumbing to rather easy and blatant corruption by an unsavory figure like Saddam Hussein, it is hard to see why the “international community” should “trust” the U.N. to deal effectively with other serious threats to international peace and security. It is also hard to see why, for instance, the U.N.’s...

The Brits are looking to strip Asma al-Assad of her UK citizenship, this in the wake of the imposition of various sanctions on her and family members of other Assad associates. Familial sanctions are an increasingly common practice, on the theory that you really get at the bad guys when you deprive their spouses of shopping trips to world capitals. (In Mrs. Assad’s case, the theory seems pretty plausible, in light of the recent email cache revealing her attention to trivial luxury purchases while Homs burned.) But so long as...

...in his seminal War, Aggression and Self-Defence, at least in the context of international armed conflict. So here are my questions: [1] Does anyone know where the US might have defended/explained its position at more length, whether in a legal brief or elsewhere? [2] Does anyone know of scholars other than Dinstein who take the position that once a state acts in self-defence, none of its (extraterritorial) acts in the resulting armed conflict are subject to the jus ad bellum? Any suggestions or citations from readers would be most appreciated....