Search: extraterritorial sanctions

[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...

...to the United Nations Security Council a resolution calling for the establishment of a Palestinian state that failed to win enough votes last week. Violence in Iraq in 2014 killed at least 12,282 civilians, making it the deadliest year since the sectarian bloodshed of 2006-07, the United Nations said in a statement. Iranian President Hassan Rouhani called for curbs on the state’s involvement in business and an end to Tehran’s international isolation on Sunday to help rescue an economy hurt by sanctions, corruption and mismanagement. Asia North Korean leader Kim...

...local legislation that can affirm the immunity and privileges of the Court. In particular for European Union States Parties, their leadership to enact a blocking statute against United States sanctions is overdue. Agenda items related to the report by the Court President, the Registrar, a representative from the Office of the Prosecutor, the International Criminal Court Bar Association, and the Board of the Trust Fund for Victims need to be carefully and actively listened to by States Parties. In each of these reports, each relevant organ or part of the...

...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...

The referral is part of a larger set of sanctions against Libya. From the UN News Centre: The Security Council today voted unanimously to impose sanctions against the Libyan authorities, slapping the country with an arms embargo and freezing the assets of its leaders, while referring the ongoing violent repression of civilian demonstrators to the International Criminal Court (ICC). In its Resolution 1970, the Council obligated all United Nations Member States to “freeze without delay all funds, other financial assets and economic resources which are on their territories, which are...

...impose comprehensive, universal sanctions upon each of the two parties to this agreement. Application of the resolution will however be suspended. The sanctions will be activated against whichever of the two parties is determined by the Security Council in a procedural vote to have acted in serious breach of sub-paragraph 1 of this Article. (6) The Parties are entitled to develop and maintain their defensive capabilities, and to receive international assistance towards that end. However, Ukraine will not acquire missiles or cruise missiles of a range above 150 km. (7)...

...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...

...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...

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...

...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...

...targeted with state resistance in many forms including sanctions and criminal proceedings against the ICC judges and prosecutor, and even cyber-attacks. The Court has responded to previous attacks and arguably remained resilient. However, the political attacks from Israel and the US can differ from previous ones. The ICC is at risk of encountering extraordinary resistance as the narrative of Israeli and US criticism has transformed beyond merely denying jurisdiction to threats to target and sanction the ICC officials and efforts to prevent the functioning of the Court through intelligence activities....

...exact mechanism do my experimental results support? Eric Posner’s post begins with a provocative question: Does evidence of policy diffusion imply that “international law is weaker than generally recognized”? More specifically, does the fact that states mimic one another inflate our estimates of how influential international law is? I don’t think so. However, diffusion studies suggest that international law might exert its influence through somewhat different pathways than we often emphasize. Individuals comply with domestic laws for a variety of reasons – some are deterred by the possibility of sanctions,...