Search: extraterritorial sanctions

...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...

...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...

...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...

...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...

...of Genocide; (c) Cease aiding or assisting in the commission of violations of international law, including by reviewing all relationships with Israel, such as trade, aid and assistance and arms transfers, and ending direct and indirect financial support for illegal settlements, including through tax-deductible donations; (d) Conduct investigations under domestic law or universal jurisdiction to hold accountable the perpetrators of crimes under international law, grave human rights violations and abuses in Israel and the Occupied Palestinian Territory, including those identified in the present report, including through criminal prosecutions and sanctions....

...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...

...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...

UN is examining claims that China broke sanctions against North Korea. South Sudan has become the International Monetary Fund’s 188th member. Sudan has threatened war against South Sudan. Spain wants the EU to file a World Trade Organization (WTO) complaint against Argentina for nationalizing 51% of Spain’s Repsol’s stake in oil company YPF. The US has condemned the nationalization. Colombia has sent a letter to the WTO complaining about Argentina’s import restrictions. The ICC Prosecutor Luis Moreno-Ocampo is in Libya to investigate war crimes. The UK is chairing a conference...

...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...

...of agricultural facilities are directly linked to possible war crimes, other tactics are disguised, e.g. promises to unblock ports and allow grain export from Ukraine in exchange for lifting sanctions imposed on Russia, which would inevitably feed its war machine.  The immediate consequences of Russia’s conduct are both internal and external. In Ukraine, while the number of starvation-related casualties is yet to be established, about 10.2 million residents urgently need food and livelihood assistance. The population of a once food-secure country and major grain exporter has, thus, been forced to...

[Javier Eskauriatza is an Assistant Professor in criminal law at the University of Nottingham School of Law. He is also the Co-Director of the Criminal Justice Research Centre, and the Convener of the Criminal Law and Criminal Justice stream for the Society of Legal Scholars.] On 24 April 2024, twelve U.S. Senators (Republican Party) sent a letter to Karim Khan, the Prosecutor of the International Criminal Court (‘ICC’), threatening him, other Court officials, and their families, with ‘sanctions’ and other less specific consequences if arrest warrants were to be issued...

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...