Search: extraterritorial sanctions
28 Nov Profiting from Atrocity: The Emerging Legal Threat to Companies Enabling War Crimes
...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...
23 Nov The Revival of Criminal Prosecution of Francoism Crimes in Spain: A New Opportunity for Hope?
...with the Argentine courts. Both the societal and global response to the pacto del olvido and the lack of criminal proceedings encouraged the implementation of alternative transitional justice measures and the enactment of state and regional legislation advancing the principles of truth, reparations and accountability – among them, two national Memory Acts. The first one, the Historical Memory Act 52/2007 of 2007, made relevant progress by explicitly acknowledging the unjust nature of all convictions, sanctions and violence based on political, ideological, or religious grounds during the Civil War or the...
05 Dec High Stakes at the 23rd Session of the Assembly of States Parties to the Rome Statute
...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...
15 Mar Polish-Lithuanian-Belarusian Border Crisis and Ius ad Bellum Part I: Background and Key Findings
...Lukashenko holds effective control of the state, and in brutal crackdowns, suppresses the democratic opposition, forcing the projected winner of the 2020 election, Sviatlana Tsikhanouskaya, to flee the country. Poland and Lithuania offered significant support for the oppressed Belarusians, granting them asylum (Tischanovskaya herself was granted asylum in Lithuania). Lukashenko’s actions were condemned by the EU and NATO and new sanctions were imposed on the regime, as international isolation of Lukashenko progressed, with their only ally being the Russian Federation. In spring 2021 Lukashenko started to highlight in his public...
16 Mar Possible Draft of a Framework Agreement on the Restoration of Peaceful Relations between Ukraine and the Russian Federation
...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)...
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 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...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...