Search: extraterritorial sanctions
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...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...
03 Jun Ensuring Respect for International Humanitarian Law in South Sudan: Possible Actions by Kenya and Uganda
...banking and real estate transactions that are intended to launder illicit funds. This necessarily requires targeted use of legal and policy tools to prevent violators of IHL and their associates from profiteering from serious breaches of IHL. Some of the examples of targeted sanctions identified in Dr Mutuma’s chapter include punitive bilateral trade and investment measures against the government of South Sudan, banning the acquisition of property in Kenya and Uganda by individuals on the UN sanctions list for war crimes, as well as confiscation of the property of such...
20 Feb Why Aren’t We Talking About Sri Lanka Anymore? “Sri Lanka Solution” Followers Face Justice, but Not Sri Lanka
...Torture, and the ICC statute’s article 14, which allows ICC members to make referrals and immediately prompt a preliminary examination. Instead, States have either lacked the political will or otherwise missed rare opportunities to exercise jurisdiction over Sri Lankan perpetrators. Yes, some have imposed sanctions, but sanctions aren’t enough; in the words of the latest UN report, sanctions “remain limited in scope and cannot in themselves substitute for criminal prosecutions and trials” (para. 55). The UN continues to keep silent on whether there are reasonable grounds to believe genocide occurred,...20 Apr Weekday News Wrap: Friday, April 20, 2012
...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...
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...09 Jun A Response to CarrieLyn Guymon by Paul B. Dean
...the problem of WMD proliferation can be appropriately addressed by targeted “emergency” sanctions based on IEEPA authorities, how best to “multilateralize” these targeted sanctions, and whether the U.S. asset blocking program under E.O. 13382 raises Due Process concerns. Rather than attempt a critique, I’d simply like to highlight some aspects of these topics that I think could benefit from further thought. Professor Guymon concludes her post by noting that the executive’s ”judicious use” of E.O. 13382 adequately addresses any concern that an IEEPA national emergency might continue indefinitely. I would...25 Sep UN General Assembly Should Allow US to Deny Al Bashir Access
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....