Search: extraterritorial sanctions
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...
10 Jun Conflict-Related Sexual Violence Symposium: Key findings of CIJA’s Investigation into the IS Slave Trade
...Syrian conflict – the opportunities have been scant to date. The majority of suspected IS members brought to justice have been tried on terrorism-related charges that have not surfaced any ICHL violations, including sexual or gender-based harms, for which an accused may bear criminal responsibility. This is largely true of prosecutions both in Iraq and in other states exercising extraterritorial or universal jurisdiction. However, a growing number of cases focusing on ICHL violations are being built in these third states against IS members and other actors in the Syrian conflict....
02 May Soldier Self-Defense Symposium: The View from the Ground – Emerging State Practice on Individual and Unit Self-Defense
...(Another of the contributors, Hans Boddens Hosang, has done some of the most rigorous thinking on self-defense bases and origins, worth reading more of here and here). The first position – that a service member or his unit’s self-defense is supported by the extraterritorial application of domestic self-defense rights – is the predominant view for most European countries (see, e.g., the Norway contribution, the personal self-defense description in the Netherlands contribution, and these case studies referencing the positions of France, Germany, and the UK). The last approach, the sovereign self-defense...28 Aug The Kafkaesque “Diciotti” Case in Italy: Does Keeping 177 People on a Boat Amount to an Arbitrary Deprivation of Liberty?
...the sea, a vessel sailing on the high seas is subject to the exclusive jurisdiction of the State of the flag it is flying. This principle of international law has led the Court to recognise, in cases concerning acts carried out on board vessels flying a State’s flag, in the same way as registered aircraft, cases of extraterritorial exercise of the jurisdiction of that State …. Where there is control over another, this is de jure control exercised by the State in question over the individuals concerned. The Court observes,...