Search: extraterritorial sanctions
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...
10 Nov An Appeal to Address the Failure in Preventing Genocide in Gaza through the International Court of Justice
...(para. 432). An Extraterritorial Duty It should be noted that the duty to take measures to prevent genocide, as an erga omnes obligation, is an extraterritorial task that exists regardless of territory or a specific link to the state in question. Therefore, all states party to the Genocide Convention, which also have influence on Israel through political and economic connections, have a well-established duty to prevent the commission of genocide in Gaza. One may argue that the current situation in Gaza does not definitively constitute the crime of genocide. However,...
21 Apr Symposium: On the Promise and Potential of R2P
...for example, the difficulty in stretching the meaning of the Geneva Conventions’ Common Article 1 to cover an extraterritorial State obligation to react to all war crimes, including those not derived from the Conventions. It exposes the issue with resorting to Article 41 of the Articles on State Responsibility, which lacks formal legal standing, to try to establish a State responsibility to react to atrocity crimes as violations of jus cogens norms. And it demonstrates the glaring absence of a multilateral convention on crimes against humanity, creating enormous gaps in...
13 Jan Mexico’s Civil Litigation Against US Gun Manufacturers and Dealers for Cartel Violence: Developing a Standard of Corporate Complicity in Gross Human Rights Violations
[Tomas Hamilton is an Assistant Professor in International Criminal Law at the University of Amsterdam. Marina Aksenova is an Assistant Professor in International and Comparative Criminal Law at IE University in Madrid.] In the ongoing civil suits in Mexico v Smith & Wesson & others and Mexico v Diamondback Shooting Sports Inc. et al, the Mexican government has brought claims against US gun manufacturers in Massachusetts and gun dealers in Arizona for extraterritorial harms suffered by the Mexican State in the context of cartel violence. The US district court judge...05 Oct New Article on Reid v. Covert, and My Question re Extraterritoriality and the Constitution
...which it is not really dead-on, however, though sometimes referenced in relation to it. Reid is the question of the extraterritorial application of the US Constitution, and whether a civilian US citizen lawfully present on a US military base in time of peace, with a SOFA in operation (ie, 1950s Germany), is entitled to a regular US civilian trial with all Constitutional protections in a capital murder case rather than trial in military court under the UCMJ – answer, yes. But, if that’s Reid, what about a US citizen who...16 May Book Discussion “Outsourcing War and Peace”: Too Many Gaps – The Need for a Better Accountability Framework for Private Military and Security Contractors
...is the most obvious: pursuing criminal prosecutions or civil tort suits against contractors who commit abuses. With regard to criminal prosecution, our current system of enforcement is seriously flawed in a number of respects. To begin with, there are gaps in the Military Extraterritorial Jurisdiction Act (MEJA), the primary law that gives U.S. courts the power to try contractors when they are accused of committing serious abuses. That statute does not clearly govern contractors who work for agencies other than the Defense Department, such as the State Department contractors involved...10 Oct More SCSL Hypocrisy Concerning Customary International Law
...to substantive criminal law. Contrast what it says about the principal/accessory distinction with what it says about extraterritoriality as an aggravating factor, which the defence (correctly) alleged in its appeal brief lacks any foundation whatsoever in customary international law (and has never been applied by any international tribunal): The Appeals Chamber considers that it was unnecessary for the Trial Chamber to refer to public international law in order to take into consideration the extraterritorial nature and consequences of Taylor‘s acts and conduct. The Appeals Chamber accepts the Trial Chamber‘s finding...
05 Feb The African Union (Rightly) Endorses Pure Sovereignty in Cyberspace
...States.” The most important consequence of pure sovereignty is that it prohibits states from engaging in extraterritorial cyber-espionage. The Tallinn Manual 2.0 claims that because international law does not regulate such espionage in the physical realm, it does not regulate it in the cyber one. Most scholars take the same position. Russell Buchan and I, however, have argued precisely the opposite — that international law prohibits extraterritorial espionage in both the physical and cyber realms. We now have 55 more states that agree with us. The African Union’s communique is...05 Dec Morality Play at the WTO
...public ethic of that community. As Howse and Langille put it, “public morals” may be justified either as “instrumental regulation designed to counter certain social ills, or as expressive regulation designed to express or give force to intrinsic moral intuitions or shared values.” The fact that there is not universal concern for seal welfare, or that Canada and Norway do not share EU’s concerns, is irrelevant for WTO purposes. Second, the public moral concerns may derive from conduct that is wholly extraterritorial to the Member State. Under this reasoning, a...
14 May Did They Forget Something? Georgia v Russia (II) and Property Rights
...breakaway region of South Ossetia in August 2008 (More on the facts here). Even though the Court found numerous violations of human rights committed by Russia after the cessation of active hostilities and signing of a ceasefire agreement on 12 August (the right to life, prohibition of inhuman and degrading treatment, the right to property and housing rights, the right to liberty and the freedom of movement), the judgment has been criticised (e.g. here and here) due to the Court’s determination that Russian Federation did not exercise extraterritorial jurisdiction during...