Search: extraterritorial sanctions
14 Apr Not All Aggression is Equal: Why Force for Regime Change is the Graver Breach
...Security Council action. Russia and China drew the explicit lesson from Libya when they blocked Council resolutions on Syria: a civilian protection mandate would be used for regime change. The systemic resonance was immediate and durable. Venezuela (2019-2026) The Venezuela situation traces the full arc of regime-change aggression, from coercive pressure to its logical conclusion. Beginning in 2019, the United States recognized Juan Guaidó as Venezuela’s “interim president,” imposed sweeping sanctions designed to collapse the Maduro government’s finances, and made explicit that “all options are on the table,” the standard...
15 May The Legality of Uganda’s Military Intervention in South Sudan
...of arms and related materiel as well as ‘technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related materiel, including the provision of armed mercenary personnel’ (para 4). The Resolution also provides for a limited exemption regime. States that desire to offer military assistance must apply for exemptions from the Sanctions Committee (paras 5-6). In Resolution 2683 (2023), the UNSC removed the exemption requirement only for the provision of non-lethal military equipment or assistance solely in support of...
22 Mar Law, Not War: Why Cuba Should Join the International Criminal Court in an Effort to Avert American Aggression
...of any crimes would no longer be subject to American jurisdiction alone. The ICC could intervene and label those responsible for international crimes as suspects with potential international arrest warrants issued against them. This threat, realizable or not, would nevertheless feature in the Trump Administration’s decision-making calculus concerning the use of military force in Cuba and could therefore serve as a potential deterrent. Despite all its bluster concerning the Court, the Trump administration appears to prefer not to contend with extra-territorial jurisdiction on its actions. A case in point is...03 Oct Weekday News Wrap: Wednesday, October 3, 2012
Georgia’s President Mikhal Saakashvili has conceded defeated in Monday’s parliamentary elections. Benjamin Netanyahu appears to have softened his stance on military action against Iran, allowing more space for sanctions to take effect until at least mid-2013. The territorial dispute over the Senkaku/Diaoyu islands is blamed for the decision of major Chinese banks to pull out of the IMF and World Bank Annual Meetings that are scheduled to take place in Tokyo next week. Ralls Corp, a company owned by two Chinese nationals, has sued President Obama after he invoked national...
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...