Search: extraterritorial sanctions
02 Apr A Powerful Tool for Human Rights, Wrongly Used Against the ICC: The Actual Impact of Sanctions
throughout the world. Family members of sanctioned individuals may also be targeted or face difficulties as a result of being an associated person to the sanctions target. Unlike some criminal laws that can be ignored or unenforced until they are amended or repealed, sanctions violations are strict liability offenses. Thus, banks and financial institutions must comply with the existing sanctions orders and refuse to process transactions, or freeze assets. OFAC fines can reach as high as $250,000, and an intentional violation of a sanctions order carries a maximum sentence of...
19 Apr ICC Sanctions Symposium: The United States of America, Racism and Sanctions Meet at the International Criminal Court
...service to international criminal justice will have to make pragmatic calculations depending on their racialisation and nationalities. Ultimately, the paternalism in and marginalisation of international criminal justice have found a good friend in EO 13928 and the sanctions and their enduring legacies. While not all may be willing, for whatever reason, to acknowledge the racist nature of the sanctions and the racialised dynamics of their legacy, we may at least agree that these sanctions should never have been imposed in the first place. Sanctions in this context are a base,...
01 May Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – A Tilapia Cannot Swallow A Whale: Climate Crisis and The Imperative of Extraterritorial Accountability under the African Charter
...exist within the African Charter on Human and Peoples’ Rights and its jurisprudence that may be deployed to ensure extraterritorial accountability of states in Africa among themselves for human rights wrong associated with climate change and climate interventions. The Limitation of Territorial Accountability Arguably it is problematic and sometimes legally impossible to achieve territorial accountability among states in Africa to effectively address their acts and omission linked to climate change and interventions or that of the entities under their control that negatively affect rights extraterritorially. It is an extraterritorial challenge...
02 May Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – Reflecting on the Regulation of Global Value Chains and the Duties of States and Private Actors
...misnomer to speak of the extraterritorial obligations of TNCs? Implicit in the term extraterritorial is the idea of a (particular) territory and an undefined penumbra beyond this territory – the extra. International human rights law has traditionally favored a conception of extraterritorial obligations fixated on territorial states as duty bearers. As Elif Durmus points out in her contribution, within this context, it is necessary to have a trigger in order to extraterritorialize the human rights obligations of a state. This is a sentiment echoed by Wouter Vandenhole who astutely observes...
22 Apr ICC Sanctions Symposium: Between the Institutional and the Intellectual: The ICC-US ‘Sanctions’ Communications and the Irony of Critique
personnel from any attempts to exercise such jurisdiction’, once again implying that they will protect their nationals from such overreach. It also puts for its assessment that the imposition of sanctions on the Court and its personnel would not be ‘an effective or appropriate strategy’, thus implying that the actual sanctions were the only thing wrong with Trump’s executive order. The press statement released by the White House announcing the revocation of the sanctions reiterates that the United States is a leader in the international criminal justice project, and that...
21 May Pandemic of Hunger Symposium: Starvation and Sanctions– Careful What You Ask For
in certain contexts. Sanctions are thus once again, causing or contributing to conflict-related food insecurity. Now it is the most vulnerable sectors of civilian populations – those reliant on humanitarian action – that are being affected. The UN Security Council has imposed sanctions against groups or individuals in response to violations of IHL in a number of conflicts – including in response to the obstruction of humanitarian activities or of access to humanitarian assistance – and well as pursuant to the ISIL/Al Qaeda sanctions regime. Groups designated under these sanctions,...
17 Apr Symposium on International Conflict and Security Law: A Research Handbook – International Peace through International Law
...“smart”, or targeted sanctions against specific individuals or entities within states has been gradually made. Murphy denotes a deep paradox: if targeted sanctions were established against human rights concerns relating to blanket sanctions, but these same targeted sanctions have been criticized for their potentially far-reaching encroachments on the rights and freedoms of some of those individuals, being targeted. Murphy illustrates the violations of human rights resulting from targeted sanctions as a caution, that the state-orientated institutional framework was architecturally unprepared to accommodate the individual as a new target of sanctions....
09 Dec The Legality of Russia’s Indefinite Suspension of Nord Stream 1 Gas Pipeline Under International Law
sanctions. Then, if there is a rule on the termination date and conditions of sanctions under international law, Russia must abide by this rule to identify its act as a retorsion. However, there is no clear requirement concerning the termination process of unilateral sanctions under international law, that is, within the concept of retorsions. Therefore, if Russia’s suspension constitutes a retorsion, it may be implemented indefinitely in practice without any legal obstacle arising from international law. This would not be the case for the concept of countermeasures which stipulates certain...
29 Apr Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – Introduction
Angela Müller presents an approach and a roadmap to establish a firmer normative basis of extraterritorial obligations. The underlying argues is that if one wants to convincingly argue for extraterritorial human rights obligations at the legal level, one needs to base this on a justificatory normative theory. This requires a systematic analysis of the grounds on which the persistent opposition to the extraterritorial applicability of human rights rests. Müller suggests three steps to that effect: 1. to identify the concrete legal problem; 2. to address counterarguments; and 3. to translate...
01 Apr Sanctions for War, Reparations for Peace?
...extent of the obligation to make reparations for waging an aggressive war. Sanctions The purpose of sanctions are to censure wrongdoing and to have consequences for the wrongdoer. As a countermeasure to another party’s breach of an international legal obligation, sanctions revolve around expressing moral messages and as a means to vindicate the law. There has been much derision of sanctions as to whether or not they are effective in changing the behaviour of wrongdoers, or just serve to cause hardship to civilian populations. Although there have been greater efforts...