Search: extraterritorial sanctions
04 Feb ICC and Palestine Symposium: Mind the Gap– The ‘Palestine Situation’ before the ICC
...acquiesce lightly to the extraterritorial jurisdiction of Israeli military and civilian courts in the West Bank. Against the backdrop of the current Israeli administration’s intention to annex large swathes of the West Bank and East Jerusalem, the de facto exercise of Israel’s extraterritorial jurisdiction is gradually absorbing Palestinian land within the Israeli state; if this remains unchallenged, the process of conquest through an expansion of jurisdiction could become irreversible, clearly contravening international law. Taking the example of Israeli settlements in occupied Palestine (which are a “flagrant violation under international...02 Jun Case of the Month: United States v. Juvenile Male 1
...documents and the court granted the juvenile’s application for subpoenas duces tecum. But the Navajo nation refused to provide the documents. Why? Navajo lawyers argued that the subpoena would be ignored because “the Navajo Nation is a separate sovereign nation, and as a matter of public policy, foreign subpoenas issued from neighboring sovereigns are not honored.” Instead of complying with this foreign order the juvenile should follow a “routine procedure for domestication of extra-territorial subpoenas through the Navajo Nation courts.” The court granted a second motion to compel, but the...28 Jan Guest Post: Dodge–The Presumption Against Extraterritoriality Does Not Apply to Jurisdictional Statutes
...reach. The Supreme Court’s decision in Morrison v. National Australia Bank, 130 S. Ct. 2869 (2010), confirms the distinction between substantive statutes to which the presumption against extraterritoriality applies and jurisdictional statutes to which it does not. In Morrison, the Court used the presumption to limit a substantive provision of the Securities Exchange Act, finding “no affirmative indication in the Exchange Act that § 10(b) applies extraterritorially.” Id. at 2883. But notably, the Court did not apply the presumption against extraterritoriality to the Exchange Act’s jurisdictional provision. To the contrary,...
25 Jun Business and Human Rights Symposium: Rejecting Jurisdiction to Avoid Imperialism– That Simple?
...to either ignore or downplay that it is people from host states who file extraterritorial complaints in home states and that host states are typically either indifferent or actively supporting claimants. Instead, home states often support the companies incorporated within their territories operating abroad through several means. This includes signing investment and trade agreements aimed at protecting home states corporations from foreign laws and courts (See e.g. Sornarajah) or filing amicus curiae in support of home states’ corporations (See e.g. the Netherlands and UK amicus curiae in Kiobel). Therefore, to...25 Oct The Inter-American Court’s Advisory Opinion on Asylum and Its Impact for the Human Rights of Refugees Worldwide
...human rights system. This will be the focus of this piece. The Inter-American Court, taking into consideration all asylum treaties, and, in particular, the Geneva Convention relating to the status of refugees of 1951, has held that the right to seek and receive asylum through recognition of refugee status “sets certain specific obligations upon the State: i) the obligation of non-refoulement and its extraterritorial application; ii) the obligation to allow to file asylum applications and not to push back at the border; iii) the obligation not to criminalise or sanction...13 Sep Al-Bahlul, Conspiracy and the Subject Matter Jurisdiction of Military Commissions
...any other way contribute to the commission or attempted commission” of a war crime. Article 25(d) (emphasis mine). For these reasons, there appears to be an open question regarding whether international law permits the use of the other domestic modes of inchoate criminal liability to punish non-nationals for extraterritorial violations of the law of war. Exploring this rather complex issue requires retracing the origins of law of war violations and their punishment. States have punished law of war violations by adversaries and their sympathizers since long before there were international...08 Mar Territoriality
as the extraterritorial application of statutes, the rise of universal jurisdiction, and the “dollarization” of less developed countries, those borders remain fundamentally important in areas such as immigration and enforcement jurisdiction. Moreover, in each area in which territoriality has declined, the reasons for decline have differed. The abandonment of national currencies has been driven by economic motivations and competitive forces, while the extraterritorial application of statutes has been driven more by changes in ideas, with the evolution of approaches to extraterritoriality paralleling changes in thinking about the conflict of laws....17 Oct What Congress Should Take From Hamdan
...Post Facto Clause of the U.S. Constitution that it prohibits prosecutions for actions that were not criminal at the time they were taken. The application of the Ex Post Facto Clause is especially noteworthy here because it had been something of a question whether the U.S. Constitution (other than the Suspension Clause the Supreme Court recognized guaranteed the Guantanamo Bay detainees a constitutional right to seek a writ of habeas corpus) applied to non-citizens held at Guantanamo Bay. While stopping short of answering the question of extraterritorial application directly, the...26 Mar Kiobel (II): Universality, Not Mere Extraterritoriality
was too “deficient and vague” to be a common law rule. Lower courts have discussed the application of the Alien Tort Statute to so-called “foreign cubed” cases – where the parties are foreigners and the conduct takes place abroad – as a matter of extraterritoriality, a term that suggests the presumption of statutory construction against extraterritorial application. While there is a presumption against extraterritoriality, the application of U.S. law to conduct abroad is not uncommon. Yet even the most controversial or aggressive use of extraterritoriality typically involves the regulation of...23 Apr Kiobel Insta-Symposium:The Pyrrhic Victory of the Bush Administration Position in Kiobel
...Bellinger over at Lawfare can rightly claim credit for keeping the extraterritoriality issue before the Supreme Court in Kiobel. Indeed, the Supreme Court’s conclusion that “principles underlying” the presumption against extraterritoriality apply to claims under the Alien Tort Statute (ATS) represents a victory for the Bush Administration’s legal position in ATS cases, an administration John served with distinction. That Bush Administration legal position, however, marked a sharp break with past positions of the United States Government regarding extraterritorial application of the ATS. In 1980, the Carter Administration argued in Filartiga...