Search: extraterritorial sanctions

...obligations States have towards them as a people, and can be a positive step in contributing to the remedying of Israel’s violation of the right to self-determination. Yet with the ongoing genocide, the spectacle of recognition appears to serve not merely as a distraction, but a substitute for existing State obligations, enabling States to pat themselves on the back while the genocide rages on. The obligation to suppress the genocide through all legal means, to prevent war crimes, and to end the occupation, including through sanctions, arms embargos, and expelling...

[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...

...month of Ramadan on July 17, to allow for deliveries of humanitarian aid. Iran and world powers made progress on future sanctions relief for Iran in marathon nuclear talks on Saturday, but remained divided on issues such as lifting United Nations sanctions and the development of advanced centrifuges. Asia The Philippines will start on Tuesday its legal battle against China’s territorial claims before the Permanent Court of Arbitration in The Hague. The Philippine navy recently found a large steel marker bearing Chinese inscriptions and hundreds of yellow buoys in waters...

...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...

...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...

...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...

...State take specific measures to implement the decision. Children concerned by the complaint In the Czech Republic, the age of criminal responsibility is 15 years of age, which is slightly higher than average for countries in Europe. Yet, even though children below the age of criminal responsibility cannot be held criminally liable, they often are partially subjected to pretrial criminal proceedings resulting in concrete sanctions imposed by the juvenile court. These sanctions may even include deprivation of liberty in an “educational correction centre”, “children’s homes with schools” or “psychiatric hospitals”....

...a time when powerful States have decidedly taken action to end the work of the Court, States Parties seem unfussed by the degree of institutional turmoil this situation has created. Not only is the Office of the Prosecutor’s main administrator on leave of absence, the whole leadership is under sanctions from the Trump administration. More so, the stream of media articles linking or questioning the relationship between the arrest warrants in the Situation of Palestine case and the chief Prosecutor’s alleged misconduct should prompt States Parties to seek clarity, transparency...

...or not any or each of the categories of international crimes of war crimes, crimes against humanity and genocide have been committed, but rather presents options for solutions for justice and accountability. Some solutions are the same for all three categories of crimes; other solutions apply only to one crime category. This paper will not repeat specific topics addressed elsewhere in this project that may also deal with war crimes, crimes against humanity or genocide, such as sanctions, children, and sexual violence, or the broader transitional justice options (e.g. truth-seeking...