Search: extraterritorial sanctions
25 Nov Misreading Human Rights Due Diligence: A Response to Tara Van Ho
...for reflecting its partiality. (As pertains to Al Haq, it has supported requiring “corporate actors to either terminate their engagement or not engage in the first place” (effectively, to divest or boycott), as well as trade sanctions, which cannot contribute to “tricky compromises” or “creative…mitigation efforts.” The issues raised by Van Ho, however, go far beyond Al Haq alone.) While NGO reporting can inform, it does not comprise the entire process, nor should it. Due diligence involves consultation and the balancing of rights and interests of many potential actors including...
02 Dec The Debate Around The Restitution Of Cultural Property: The Limits Of International Law
...thread between their past, present and future as human communities. The works prove the skill level and genius of ancient artisans, whereas they provide important references to understand the traditions and customs of preceding communities. Hence, the preservation of this heritage results in a priority for governments and States affected by looting have enacted patrimony laws in this regard. Three common features can be observed in such legislation: 1) a declaration of property over certain objects, both inventoried and undiscovered, 2) the introduction of export certificates and 3) criminal sanctions....24 Mar Protecting Children’s Procedural Rights Through the European Social Charter
...State take specific measures to implement the decision. Children concerned by the complaint In the Czech Republic, the age of criminal responsibility is 15 years of age, which is slightly higher than average for countries in Europe. Yet, even though children below the age of criminal responsibility cannot be held criminally liable, they often are partially subjected to pretrial criminal proceedings resulting in concrete sanctions imposed by the juvenile court. These sanctions may even include deprivation of liberty in an “educational correction centre”, “children’s homes with schools” or “psychiatric hospitals”....11 Jun Should the CIA Use Sudanese Spies?
...war on terror.” Some critics accuse the Bush administration of being soft on Sudan for fear of jeopardizing the counter-terrorism cooperation. John Prendergast, director of African affairs for the National Security Council in the Clinton administration, called the latest sanctions announced by Bush last month “window dressing,” designed to appear tough while putting little real pressure on Sudan to stop the militias it is widely believed to be supporting from killing members of tribal settlements in Darfur. “One of the main glass ceilings on real significant action in response to...
04 Feb A Reminder of the Importance of the Crime of Aggression: Considering the Situation of Russia and Ukraine
...exception. While there are informal ways to try to “enforce” international law, for example, through economic sanctions, a cursory glance at the situation of Crimea, a victim of earlier Russian annexation, reveals that sanctions are not always capable of changing state behavior. While the crime of aggression (i.e., “crimes against peace”) were prosecuted already in 1945-46 before the International Military Tribunal at Nuremberg, the crime was added late to the International Criminal Court’s Rome Statute, in negotiations held after the Court was already operational and able to prosecute its other...
13 Aug Emerging Voices: Momentum Builds for Mandatory Human Rights Due Diligence
...it is conducted? Or is it to hold companies accountable for human rights abuses? This is where opinions diverge. Unsurprisingly, businesses want assurances that being more transparent about their human rights risks won’t increase the risk of litigation. Conversely, civil society is concerned that mHRDD legislation should have some “teeth”, and include meaningful sanctions for non-compliance and/or provide a remedy for victims. Navigating these competing demands represents a challenge for legislators. France and the Netherlands have adopted different approaches. Under the French law, a company may be ordered to remedy...
29 Mar War in Ukraine: Time for a Collective Self-Defense?
...sanctions have so far convinced Vladimir Putin to cease the aggression and hostilities. Moreover, Russian aggression remained consistent despite its condemnation by 141 States of the GA, opening an investigation for alleged war crimes and crimes against humanity by the ICC Prosecutor, the International Court of Justice´s provisional measures to immediately suspend the military operation of the Russian Federation and the ECtHR´s urgent interim measures calling on Russia to refrain from military attacks against civilians. On the contrary, the humanitarian situation deteriorates every day and civilian objects are common targets...