Search: extraterritorial sanctions
14 Dec Wikileaks and the Pentagon Papers
...these two inquiries. Chief Justice Burger, dissenting: I agree generally with Mr. Justice Harlan … but I am not prepared to reach the merits. I should add that I am in general agreement with much of what Mr. Justice White has expressed with respect to penal sanctions concerning communications or retention of document or information relating to the national defense. Justice Blackmun, dissenting: I join Mr. Harlan in his dissent. I also am in substantial accord with much that Mr. Justice White says, by way of admonition, in the latter...26 Feb Libya: Did Citizen Evacuations Stand in the Way of Better Policy?
...action — such as imposing the sanctions that were finally put in place last night — pending the evacuation from Libya of U.S. citizens, U.S. diplomats in particular. As always, safety of U.S. citizens is said to be the highest priority in such unstable situations. Apparently, the U.S. embassy compound in Tripoli is poorly secured, with no Marine guards in place to defend. (Vulnerability of nationals in Libya is also now being floated as a reason why other countries are not yet on board with UN sanctions.) That’s a tough...
24 Apr Formal Inequality Under the Taliban and the Limits of the ICC’s Afghanistan Case
...practices, including the erosion of due process guarantees and the normalization of corporal punishment against women and children. The focus here, however, is on Article 9, which unambiguously establishes a stratified system of criminal punishment based on social status. The Regulation governs the imposition of taʿzir — that is, discretionary punishment, as opposed to ḥadd, which entails mandatory sanctions. Article 15 provides that “for every offense for which no fixed ḥadd punishment is prescribed, taʿzir shall be imposed on the offender,” regardless of whether the offender “is free or enslaved,...23 Dec Guest Post: Accountability Impact or Impasse? The Curious Case of the North Korean Inquiry
...Follow-up to the Commission’s Report The Commission’s report is far from gathering dust. Upon its receipt, the Human Rights Council denounced the violations and resolved that the General Assembly should consider submitting the report to the Security Council for “appropriate action”, including possible referral of North Korea to “the appropriate international criminal justice mechanism, and consideration of the scope for effective targeted sanctions against those who appear to be most responsible for crimes against humanity”. The General Assembly has also paid attention to the Commission’s report. It was discussed during...
01 Oct Prosecutor De-Prioritizes ICC Investigation of US Torture Program
...arguing for dismissal). When the Appeals Chamber reversed the Pre-Trial Chamber ruling and opened the Afghanistan investigation, the Trump Administration imposed sanctions (travel bans and asset freezes) on the past ICC Prosecutor and members of her staff, basically for looking into accountability for US nationals. Despite US claims that the ICC lacked “jurisdiction,” the crime were committed within the territory of Afghanistan (a Rome Statute State Party), and thus ones over which the ICC has clear jurisdiction (Rome Statute, Art. 12(2)(a)). Now, ironically, when the Biden Administration has lifted those...19 Sep IL/IR Symposium: The Engines of Compliance
...typically more diffuse than in domestic systems, but they are nonetheless real: International inducements. Sometimes a state benefits enough from having others follow the rules that it pays the ‘cost’ of ensuring compliance itself, whether in the form of ‘carrots’ (e.g., trade concessions) or ‘sticks’ (e.g., economic sanctions). Inducements are typically decentralized and based on self-help, so their application can be uneven. Inducements also face typical collective action problems, and so often work best when a powerful state is doing the heavy lifting. Reciprocity. Axelrod demonstrated long ago that reciprocity...
10 Sep BHR Symposium: The Requirement to Practice Due Diligence–A Floor Not a Shield
...threat of effective sanctions (article 6.2.). There is an opportunity in this development: whereas the weight of large corporations in an increasingly globalised world is often seen as a threat, it could potentially become a force for the good, if the most influential of these actors effectively must use their leverage on suppliers and business partners and within the multinational groups they belong to to improve human rights compliance. But there is also a risk. Due diligence should not degrade into a box-ticking exercise, shielding companies from any form of...
02 Apr Putting the International Criminal Court’s Palestine Investigation into Context
...universal jurisdiction mechanisms to pursue accountability through judicial means have been, as noted by Azarova and Mariniello, “thwarted by political pressures and legislative amendments to ensure political vetting.” In particular, ongoing pressure from the United States has undermined the viability of domestic courts as vehicles for international justice for Palestinians. It would appear that the US intends to continue to shield Israeli perpetrators from accountability, as evidenced by continued US sanctions on key members of ICC staff, including the Prosecutor, through the widely-condemned Executive Order 13928. This is the landscape...
22 Apr Options for a Peace Settlement for Ukraine: Option Paper II – New European Security Order
...the proposed future status of Ukraine as a permanently neutral state, and several other issues. Ukraine has demanded that a potential permanently neutral status must be balanced by security guarantees. If they come about, these assurances will most likely be reflected in a declaration or treaty of guarantee involving Ukraine and the guarantor states. Presumably the Russian Federation will seek assurances from the principal states that have imposed economic sanctions as to an agreed programme of sanctions-lifting, in parallel with implementation of the agreement between the Russian Federation and Ukraine....
08 Jun Institutional Design and Disciplinary Legality at the International Criminal Court
...the International Labour Organisation Administrative Tribunal (ILOAT) within its internal justice framework, particularly for the standard of proof in disciplinary matters. Within the Court’s broader internal legal environment, the jurisprudence of the ILOAT provides a substantial and difficult-to-ignore reference point, strongly supporting the view that disciplinary sanctions should rest on proof beyond a reasonable doubt. Yet ILOAT jurisprudence does not, by itself, resolve every issue arising under Articles 46 and 47 of the Rome Statute. The existing ICC framework does not specify with sufficient clarity how such a standard is...