Search: extraterritorial sanctions
30 Oct Options for a Peace Settlement for Ukraine: Option Paper XVI – War Crimes, Crimes against Humanity and Genocide
...or not any or each of the categories of international crimes of war crimes, crimes against humanity and genocide have been committed, but rather presents options for solutions for justice and accountability. Some solutions are the same for all three categories of crimes; other solutions apply only to one crime category. This paper will not repeat specific topics addressed elsewhere in this project that may also deal with war crimes, crimes against humanity or genocide, such as sanctions, children, and sexual violence, or the broader transitional justice options (e.g. truth-seeking...
16 Jun Baldassi and Others v. France: Criminal Convictions of BDS Activists Violate Freedom of Expression under the European Convention on Human Rights
...of the Case The applicants are eleven members of the ‘Palestine 68 Collective’, a French organization supporting the Boycott, Divestment, Sanctions (BDS) movement. The movement was founded on July 9, 2005 as a response from Palestinian non-governmental organizations to the Advisory Opinion on the Legality of Israel’s Construction of a Wall delivered by the International Court of Justice (ICJ) the year before. According to the ICJ, the Wall and the regime of de facto annexation it created was contrary to international law, and in particular international humanitarian law, international human...
23 Sep Statehood and Resistance: Scholars Reflect on the West’s Recognition of Palestine(‘s Existence)
...unlawful occupation of Palestinian lands since 1967 also needs to end, as the International Court of Justice reminded the world in an advisory opinion last year. Concerted pressure is needed beyond civil society. States need to support boycotts, divestments and full-spectrum sanctions, until the occupation ends, and the Palestinian state is independent. The UK has a special responsibility towards the Palestinian people given its colonial past. As a British citizen of Palestinian heritage, I was proud to have been asked to hand deliver a 433-page petition to HMG at 10...12 Nov After Medellin: A Proposed ICJ Decisions Implementation Act
...my proposal.) In discussion of my proposals, one commentator has raised the point that my analogies to trade law are not appropriate because in trade, the U.S. Congress does pass legislation to change US law to bring the United States into compliance with ICJ judgments, but only does so in response to the WTO-authorized trade sanctions (i.e. the “SCOO”) against the United States. It’s true that such legislative changes during the WTO era have only come following the SCOOs against the United States. But I would like to think that...16 Feb Important New Terrorist Financing Resolution Passed by Security Council
...and to secure the safe release of hostages, and reaffirms the need for all Member States to cooperate closely during incidents of kidnapping and hostage-taking committed by terrorist groups.” In so doing, it attempts to cut off funds derived from ransom, and reaffirms that UN sanctions prohibit ransom payments to UN listed groups. Fourth, the resolution was drafted by Russia. While Russia’s opposition to intervention in Syria and is well known, this is an example of positive engagement with the situation in Syria. Although the resolution does not authorize intervention,...
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...25 Jun Linos Book Symposium: Response to Eric Posner and Ryan Goodman
...exact mechanism do my experimental results support? Eric Posner’s post begins with a provocative question: Does evidence of policy diffusion imply that “international law is weaker than generally recognized”? More specifically, does the fact that states mimic one another inflate our estimates of how influential international law is? I don’t think so. However, diffusion studies suggest that international law might exert its influence through somewhat different pathways than we often emphasize. Individuals comply with domestic laws for a variety of reasons – some are deterred by the possibility of sanctions,...
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...
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...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”....