In association with the International Commission of Jurists

Search: extraterritorial sanctions

06 Apr

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...
06.04.12 | |

30 Mar

...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...
30.03.12 | |

04 Apr

...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)...
04.04.11 | |

19 Feb

...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...
19.02.25 | |

27 Oct

...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...
27.10.05 | |

25 Aug

...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...
25.08.15 | |

26 Mar

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...
26.03.12 | |

16 Jan

...extraterritorial jurisdiction over many of these individuals or many of their activities." If these individuals did in fact violate the law of war, which is the predicate for a legitimate exercise of jurisdiction by a military commission of the type established by the President, then doesn't the War Crimes Act establish the requisite "extraterritorial" jurisdiction for trial in Federal Court? I recognize that there may be other pragmatic arguments in favor of trial by military commission, but the jurisdictional predicate for use of the War Crimes Act or trial by...
16.01.07 | |

27 Jun

[William S. Dodge is a Professor of Law at the University of California, Hastings College of the Law. One of his articles on extraterritoriality was cited in Justice Stevens’s concurring opinion.] There is no doubt that Morrison v. National Australia Bank is a landmark opinion, not just because the Supreme Court addresses here, for the first time, the extraterritorial reach of U.S. securities law, but also for what the opinion tells us more generally about the presumption against extraterritoriality. As Margaret Sachs has already recounted, the Courts of Appeals, under...
27.06.10 | |

24 May

...vague), then I’m not sure I have any categorical objections (though the devil will be in the details). In all events, the CCR view that somehow this kind of detention is not already authorized by law, and is in some way historically novel – that view is, I believe, wrong. And if litigated, I believe it will lose. The other examples are more complicated. What about the guy who “received extensive explosives training at al Qaeda training camps”? Receiving training at a terrorist camp is now a crime (with extraterritorial...
24.05.09 | |

12 Oct

...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....
12.10.14 | |

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 | |