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Search: extraterritorial sanctions

10 May

...action under humanitarian law would remain unrestricted. It is likely that cases in which the interplay between human rights law and humanitarian law might prove to be important will more and more frequent. For example, the Al-Skeini case, which deals with the extraterritorial application of the ECHR in Iraq, is currently pending before the UK House of Lords. The most enduring quality of the Targeted Killings judgment might actually be that it shows how the relationship between these two branches of international law can be a two-way street, and how...
10.05.07 | |

07 Aug

...Security Council resolution. However, following the failure of the 2011 draft resolution on Syria, no country has unilaterally applied R2P’s Third Pillar. Countries have taken independent action such as sanctions but explicitly avoided the use of military force. As the Alex Bellamy article recounts, both the United States and the United Kingdom have been cautious in proceeding outside the Security Council in the post-Iraq environment. The post-Iraq environment dissuades unilateral and “unauthorized” military action with preference for the Security Council’s authority to use of force. This appears to be a...
07.08.13 | |

01 May

...members be prosecuted for intentionally directing an attack against the civilian population because “intentionally” includes lower mental states such as dolus eventualis or recklessness? I worry about this argument. And here’s why. If intent = recklessness, then all cases of legitimate collateral damage would count as violations of the principle of distinction, because in collateral damage cases the attacker kills the civilians with knowledge that the civilians will die. And the rule against disproportionate attacks sanctions this behavior as long as the collateral damage is not disproportionate and the attack...
01.05.16 | |

26 May

Chris Jenks Kevin I think this link may work better to get to John's article http://jicj.oxfordjournals.org/cgi/content/full/mqp015v1 John C. Dehn Thanks Kevin and Chris for the article plug. In essence, my article argues that "murder in violation of the law of war" is a domestic, "common law of war" offense applied extraterritorially. For those suspicious of that argument, the existence of this undoubtedly federal common law was recognized post-Erie in Ex parte Quirin. The article did not reach the question of whether applying this municipal law extraterritorially is consistent with international...
26.05.10 | |

10 Mar

...authority. But there is absolutely nothing of which I am aware that limits Congress's constitutional authority to sanction extraterritorial acts that violate international law. Territorial acts more clearly depend upon the relationship and congruity of any applicable international and constitutional limitations on Congress's powers. Furthermore, it is debatable whether fundamental law of war principles require an attacker to meet formal IHL requirements for prisoner of war status and the combatant's privilege. On that point, I note that the perfidy prohibition is stated by some---incuding European experts and scholars that I...
10.03.13 | |

28 Feb

...be since the discussion was all over the map. Anthony Colangelo I recently published an article in the Virginia Law Review that address in large part the ATS and extraterritoriality, entitled A Unified Approach to Extraterritoriality, 97 Va. L. Rev. 1019 (fall 2011). I suspect the issue has taken on new significance in light of the Supreme Court's 2010 decision in Morrison v. Nat'l Aust. Bank revitalizing the presumption against extraterritoriality. In the article, I argued that if ATS suits apply extant international law, the presumption should not apply. Rather,...
28.02.12 | |

12 Sep

...what otherwise (if engaged in by combatants) would have been lawful acts of war -- but such targetableness (word?) and lack of immunity do not create war crime responsibility. The lack of immunity is with respect to prosecution for any applicable domestic law (e.g., an extraterritorial U.S. federal statute that can apply because of compliance with one of four principles of jurisdiction under international law (like objective territorial, protective). After Hudson & Goodwin, there is no relevant federal "common law," much less some extraterritorial federal common law even if a...
12.09.13 | |

29 Mar

...I think it will be interesting to see how US arguments in opposition to Spanish jurisdiction will affect the interpretation and application of the US Extraterritorial Torture Statute (recently invoked to convict Chuckie Taylor). Greg Fox Can Mathias (or anyone else) provide a link to the complaint itself? Thanks much. Anthony Colangelo Greg, the complaint translated from Spanish to English via Google is available on-line here. Mary, as for the impact of this case on the Chuckie Taylor prosecution and other cases of U.S. extraterritorial jurisdiction, I agree that it...
29.03.09 | |

08 Oct

...least to me. States do not generally assert a right to self-defense in certain circumstances out of "a sense of legal obligation." Now, I suppose a state might assert an obligation, perhaps a "responsibility to protect" its citizens from unlawful and unjustified harm emanating from an extraterritorial location...but that hasn't clearly happened, at least not yet. Ashley's article, and others, have noted a historically common state practice that is consistent with first principles of international law -- first principles that underlie the neutrality law of armed conflict and even the...
08.10.12 | |

21 May

...I am uncertain whether that is true. Certainly in internal armed conflict, domestic law can be the only source of immunity for violence (along the lines of public authority). In extraterritorial NIAC, there is no reason why territorial states in which armed attacks occur could not provide or recognize the equivalent of combatant immunity for a foreign state's armed forces, and state practice might actually support this as being the case. At bottom, it is not necessary to classify a conflict as IAC to immunize a state's armed forces. Going...
21.05.11 | |

15 Feb

...the decision its treatment of the "Multinational Force-Iraq" as, effectively, a U.S. government entity? Roger Alford Steve, No that is not my principal concern. At bottom this is about the extraterritorial application of U.S. habeas corpus law in the face of the territorial sovereignty and authority of Iraq and Iraqi courts to detain and try those persons alleged to have committed crimes on Iraqi soil. It is an affront to the Iraqi court's primary authority over crimes committed in its own territory for a U.S. court to issue an order...
15.02.07 | |

05 Mar

...the ATS applies to piracy, which occurs (typically) on the high seas. This framing of the issue will raise the question whether the presumption against extraterritoriality distinguishes between extraterritorial applications of US law depending on whether the situation in question is within another state's jurisdiction. The Court in recent years hasn't seemed to apply such a distinction. I've argued, however, that it should. Specifically, a presumption against extrajurisdictionality that applies more strictly to situations outside U.S. prescriptive jurisdiction under international law than to situations (such as piracy on the high...
05.03.12 | |