Search: extraterritorial sanctions
09 Jan John Yoo Reviews David Scheffer’s Memoir in WSJ
...9/11 caused outrage among intellectuals precisely because it proved so successful: preventing further attacks on the United States, eliminating Osama bin Laden and the al Qaedaleadership, and beginning the overthrow of vicious authoritarian regimes in the Middle East. The Bush administration rejected the ineffectual internationalnetwork of activists, rights groups and courts in favor of a robust unilateral response that drew upon the traditional sources of state power, including diplomacy, economic sanctions and military force. Funny thing is, I don’t know who supposedly argued that the U.S. must never act unilaterally...
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...06 Mar Presidential Authority for Visa Restrictions (for Ukraine and Otherwise)
...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...23 Dec Guest Post: Accountability Impact or Impasse? The Curious Case of the North Korean Inquiry
...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...27 Feb Security Council Refers the Situation in Libya to the ICC
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...
24 Apr Formal Inequality Under the Taliban and the Limits of the ICC’s Afghanistan Case
...practices, including the erosion of due process guarantees and the normalization of corporal punishment against women and children. The focus here, however, is on Article 9, which unambiguously establishes a stratified system of criminal punishment based on social status. The Regulation governs the imposition of taʿzir — that is, discretionary punishment, as opposed to ḥadd, which entails mandatory sanctions. Article 15 provides that “for every offense for which no fixed ḥadd punishment is prescribed, taʿzir shall be imposed on the offender,” regardless of whether the offender “is free or enslaved,...
01 Oct Prosecutor De-Prioritizes ICC Investigation of US Torture Program
...arguing for dismissal). When the Appeals Chamber reversed the Pre-Trial Chamber ruling and opened the Afghanistan investigation, the Trump Administration imposed sanctions (travel bans and asset freezes) on the past ICC Prosecutor and members of her staff, basically for looking into accountability for US nationals. Despite US claims that the ICC lacked “jurisdiction,” the crime were committed within the territory of Afghanistan (a Rome Statute State Party), and thus ones over which the ICC has clear jurisdiction (Rome Statute, Art. 12(2)(a)). Now, ironically, when the Biden Administration has lifted those...