Search: extraterritorial sanctions
06 Mar Presidential Authority for Visa Restrictions (for Ukraine and Otherwise)
...of the United States, and I hereby suspend entry into the United States, as immigrants or nonimmigrants, of such persons. Such persons shall be treated as persons covered by section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions). The power to specify covered individuals is delegated to the Secretary of State. Obama is acting under section 212(f) of the Immigration and Nationality Act, which gives the President a blank check...03 Apr Weekday News Wrap: Tuesday, April 3, 2012
On the 30th anniversary of the Falklands Islands/Las Malvinas invasion, Argentine President Cristina Fernandez de Kirchner decried the existence of a “colonialist enclave” in the 21st century as an injustice. At a remembrance ceremony in the UK, UK Prime Minister David Cameron referred to the Islanders’ right of self-determination. According to Kofi Annan, Syria has agreed to a ceasefire starting on April 10. In a follow-up to threatening action against Mali, West African nations have placed trade, economic and diplomatic sanctions on the strife-ridden country. In Senegal, President Mackey Sall...
19 Nov International Responses to the Obstruction of Humanitarian Aid
...different ways. First, the UN Security Council (UNSC) may take action under its Chapter VII powers to supply relief itself, impose sanctions against the offending actors, or intervene militarily. Second, private aid organizations, foreign states, and international organizations likely may continue to provide assistance regardless of the sovereign’s disapproval with appropriate legal justification. Third, criminal charges may be filed against the individual(s) responsible for disrupting aid if doing so rises to the level of a war crime or a crime against humanity. Finally, another state may sue the offending state...07 Jun Did You Hear? But for the ICC, the War in Libya Would Be Over
...fled to Tunisia. This defection is a big deal. Ghanem had been at OPEC when Libya was under economic sanctions, and his return to Libya as prime minister and head of the ruling party in 2003 was intended to signal Muammar Qaddafi’s return to respectability in the international community. Ghanem became the face of the reformed Libya, which had given up its dabbling in chemical and other weapons and was willing to privatize its state sector industries and do big deals with Western oil companies. He staunchly defended Qaddafi, going...29 Mar Symposium: Kanwar Reply to Murphy
...reader should read to follow the pagination of points made by Professor Murphy. I have also posted the longer version at SSRN to amplify some of the points I hope to make eventually, and it is possible that some of the ways I develop these ideas address some of Professor Murphy’s suggestions. On the finer points (Questions on Legal Characterization): In light of Security Council Resolution 687 (Iraq 1991), how can I claim Chapter VII sanctions have never been applied to a non-proliferation crisis (p. 21)? I will concede on...
09 Sep Contemporary International Criminal Law After Critique Symposium: Accountability for the Unaccountable? Article 15 Communications Beyond the ICC
...their view of complicity to include the active support, tacit support, and deliberate silences and inaction of other states and political leaders. By engaging in this form of advocacy, the authors of communications might be able to leverage the stigma of international criminal law to influence public opinion and generate sanctions against illegitimate conduct. Extralegal sanctions can include protests, boycotts, and the reputational damage that arises from being named as a person who has allegedly committed an international crime. For politicians, who rely on public support for re-election, the consequences...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...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...
26 Jan Much Ado About Nothing
...that’s been our national policy by and large for the past 10 or 15 years,” which is incorrect to say the least. One example might suffice: the Obama administration reacted to the 2016 interference by Russia with economic sanctions, the expulsion of Russian diplomats and conducted covert cyber-operations against Russia. The problem is not a political but a legal one. In that occasion the US government could only commit to retorsions as countermeasures (acts normally illegal but justified if used to bring another State to compliance with international law) were...
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...