Search: extraterritorial sanctions
23 Mar Symposium on Prosecuting Heads of State for International Crimes: Will X Ever Stand Trial?
...of genocide in Darfur in the early 2000s, he is still in a cell in Khartoum, and there seems to be no path towards his transfer. Existing examples of prosecutions against high-level officials include, as has been a matter of increasingly loud critique over the years, no officials from powerful Western states. Those being prosecuted were the opponents, the weak, the losers. They were never Westerners, never Europeans, Americans or Australians. That is the underlying issue of the current backlash by several powerful states, including U.S. sanctions which have debilitating...
10 Jul Climate Justice in an Unequal World: A Chat with Professor Richard Falk, Ecocide’s Legal (Grand)Father
...months of the aerial bombing campaign of the Iraq war, or the punitive sanctions imposed afterwards, which resulted in the death of hundreds of thousand civilians, with effects commensurable to those attributable to weapons of mass destruction. This also raises important questions about whether sanctions can be seen in many cases as structurally oppressive and perpetuating postcolonial hegemonic relationships [see the recent LPE-Yale Symposium]. The challenges in addressing and rectifying these injustices are ongoing. LD: Your points about inequality before international law and the selectivity of its enforcement seem crucial...
05 Dec High Stakes at the 23rd Session of the Assembly of States Parties to the Rome Statute
...United States looms large in the psyche of States Parties as they discuss how to chart a savvy political path to protect the integrity of the International Criminal Court in the near future. Fresh memories remain from Trump’s sanctions imposed on then Prosecutor Bensouda and other Court senior officials in 2020 for investigative progress in the Afghan situation. With the return of Trump to the White House, it is not hard to predict his administration will pursue a vicious attack on the International Criminal Court as a whole given the...
23 Nov The Revival of Criminal Prosecution of Francoism Crimes in Spain: A New Opportunity for Hope?
...with the Argentine courts. Both the societal and global response to the pacto del olvido and the lack of criminal proceedings encouraged the implementation of alternative transitional justice measures and the enactment of state and regional legislation advancing the principles of truth, reparations and accountability – among them, two national Memory Acts. The first one, the Historical Memory Act 52/2007 of 2007, made relevant progress by explicitly acknowledging the unjust nature of all convictions, sanctions and violence based on political, ideological, or religious grounds during the Civil War or the...
28 Nov Profiting from Atrocity: The Emerging Legal Threat to Companies Enabling War Crimes
...from the sales. Such cases highlight a troubling scenario: corporations that manufacture TNT or other bomb components may be aiding grave violations of international law by serving as an essential link that makes commission of crimes possible. What are avenues of potential criminal liability faced by corporations when their products are used to commit war crimes or crimes against humanity? Are there alternative theories of liability, such as for financial crimes, terrorist financing, or sanctions evasion? For a more in-depth examination of corporate liability in war crimes, visit the prior...09 Jan John Yoo Reviews David Scheffer’s Memoir in WSJ
...9/11 caused outrage among intellectuals precisely because it proved so successful: preventing further attacks on the United States, eliminating Osama bin Laden and the al Qaedaleadership, and beginning the overthrow of vicious authoritarian regimes in the Middle East. The Bush administration rejected the ineffectual internationalnetwork of activists, rights groups and courts in favor of a robust unilateral response that drew upon the traditional sources of state power, including diplomacy, economic sanctions and military force. Funny thing is, I don’t know who supposedly argued that the U.S. must never act unilaterally...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...18 May A Response to Brad Roth by Jean d’Aspremont
...argued elsewhere, and despite the fact that, in my view, coups d’etat can never be attributed to the states because authors of coups cannot be acting in the capacity of an organ of the state, one cannot turn a blind eye to the contemporary systematic practice whereby putschists almost always fail to secure recognition — unless they commit themselves to organize free and fair elections — and undergo a wide range of sanctions. Putschists most of the time fall short of being recognized and are subject to sanctions, but that...30 May Weekday News Wrap: Wednesday, May 30, 2012
...non grata. Interestingly, Belgium can’t expel the Syrian ambassador, because he is also ambassador to the EU and there is no agreement on diplomatic sanctions against Syria within the EU. Foreign Policy has more on what expelling a diplomat entails and the five worst atrocities of the Syrian uprising. Two Danish brothers of Somali origin have been arrested in Denmark connected with allegedly planning an al-Shebab terrorist plot. A former Rwandan school teacher living in Canada pleaded not guilty yesterday to involvement in the Rwandan Genocide; his charges are one...11 Mar The Recent Letter of John Kerry and its Impact on the Joint Comprehensive Plan of Action (JCPOA)
...on the international plane may be categorized as a unilateral act.” Moreover, a unilateral declaration must be issued by authorized officials explicitly and publicly. As established in international law, foreign ministers’ statements, by virtue of their functions, may create obligations for their respective countries. The US Secretary of State has explicitly maintained in the letter that: “we remain fully committed to the sanctions lifting provided for under JCPOA.” Giving assurance to his Iranian counterpart, John Kerry affirmed the US intention to JCPOA commitments. In another part of the letter, he...