Search: extraterritorial sanctions

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....

...arrival of Ansar Dine/AQIM in Timbuktu; it was, Judge Mindua states, therefore allowed (Separate Opinion [58]). Amputation and flogging were, however, more problematic. They had not really applied in Mali [56] and, as Judge Mindua acknowledges, they appear as torture to many international lawyers [64]. Nevertheless, Judge Mindua points out, they are legal sanctions in states which belong to the United Nations.  As such, Judge Mindua will not state that these sanctions are necessarily illegal, even though he notes their incongruency with human rights and international law. He remains equivocal...

...president to now “dismantle” the deal in its entirety, the most significant international sanctions having been lifted by a binding resolution of the UN Security Council, a resolution all other veto bearing members of the Council remain committed to supporting. The United States could of course re-impose some or all of the national sanctions it had suspended in support of the deal. But at this point it is hard to see how the sanctions of any individual state, however powerful, would succeed in persuading Iran to abandon its decades old...

...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...

...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...

...Law Much of my reflection revolves around critical questions to consider when engaging with the topic of double standards in international law. I acknowledge that much of my thinking was shaped by the rich discussions we had. Do ‘Double Standards’ Exist in International Law?  Absolutely, and countless examples highlight this issue. Intervention in Conflicts: Western leaders have been quick to condemn Russia’s aggression against Ukraine. The international community has rallied robust support for Ukraine, including economic sanctions against Russia and significant military aid. However, this stands in stark contrast to...

...pressuring governments and corporations to cease military collaborations. Advocate for Trade Sanctions: Advocate for trade sanctions against Israel and all businesses that support Israel’s occupation. Pressure governments to implement these sanctions and target companies complicit in violating Palestinian rights. Suspend Israel from International Events: Campaign for the suspension of Israel from international sports and cultural events. Encourage cultural institutions and workers to boycott collaborations with Israeli entities to undermine the normalisation of apartheid. Boycott Israeli Academic Institutions: Advocate for a comprehensive boycott of Israeli academic institutions. Support Palestinian educators and students...

...pursuant to the International Emergency Economic Powers Act (“IEEPA”)) and their implementing regulations enforced by OFAC. A number of Executive Orders are part of the broader U.S. sanctions framework, and extend beyond counterterrorism; quite a few of them, nonetheless, impact humanitarian organizations, as was seen in January when the M23 (an armed group active in and around parts of the DRC in which humanitarian organizations operate) was listed under both the NDAA and Executive Order 13413. Though the sanctions framework, when compared to the material support statute, has different jurisdictional...

...reasonable doubt.” It is hard to see what is left of Butler after Labaye. As for MacKinnon, she has never repudiated the Butler approach. She has merely advocated that civil rather than criminal sanctions be employed to suppress pornography. Of course, civil sanctions can be just as repressive as criminal sanctions. The ultimate incoherence of MacKinnon’s approach is that it seeks to rely on the machinery of the patriarchal state to suppress patriarchal speech. That the actual consequence of her approach was the suppression of gay, lesbian and feminist material...

...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...

...rather than a collection of terrorist groups/subgroups? If a parent corporation was subject to sanctions, and it opened up a wholly-owned but separately incorporated local corporation that was also deemed subject to sanctions, and then it sold ownership of that local corporation, would the local corporation be subject to sanctions? Perhaps that's not helpful, as sanctions are not equivalent to the use of force, but I would appreciate a bit more discussion of the subject. Jordan Jens: yes, it is phrased with past tense words. Interestingly also, "as he determines."...

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...