Search: extraterritorial sanctions
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...
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 Apr Options for a Peace Settlement for Ukraine: Option Paper II – New European Security Order
...the proposed future status of Ukraine as a permanently neutral state, and several other issues. Ukraine has demanded that a potential permanently neutral status must be balanced by security guarantees. If they come about, these assurances will most likely be reflected in a declaration or treaty of guarantee involving Ukraine and the guarantor states. Presumably the Russian Federation will seek assurances from the principal states that have imposed economic sanctions as to an agreed programme of sanctions-lifting, in parallel with implementation of the agreement between the Russian Federation and Ukraine....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...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...
19 Nov International Responses to the Obstruction of Humanitarian Aid
...different ways. First, the UN Security Council (UNSC) may take action under its Chapter VII powers to supply relief itself, impose sanctions against the offending actors, or intervene militarily. Second, private aid organizations, foreign states, and international organizations likely may continue to provide assistance regardless of the sovereign’s disapproval with appropriate legal justification. Third, criminal charges may be filed against the individual(s) responsible for disrupting aid if doing so rises to the level of a war crime or a crime against humanity. Finally, another state may sue the offending state...14 Jun What do Appropriate Due Diligence Measures for Nonstate and Substate Partners Look Like? Part I: Outlining Partnership Patterns and the Legal Debate
...what might satisfy this due diligence obligation. Dormann and Serralvo offer examples of states enforcing sanctions against other states not in compliance (an approach that might also arguably be applied to nonstate actors), or the panoply of regulations and restrictions attached to arms export. Domestic and international frameworks governing arms export, trade, and assistance tend to be at least partly motivated by the responsibilities invoked under Common article 1 as well as other treaty obligations to prevent weapons transfers that might contribute to serious violations of IHL or human rights...
28 Jun The ASP’s Response to Israeli and US Political Attacks
...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....
07 Jun Complementarity in the Palestine Situation at the ICC: Could Article 70 Conduct Render Israel “Unwilling” to Investigate Genuinely?
...4 June 2024, the US House of Representatives passed a bill to sanction ICC officials –‘the Illegitimate Court Counteraction Act‘– by a vote of 247 (including 42 Democrats) to 155. The sanctions would restrict entry into the US, revoke visas, and impose financial restrictions on anyone at the ICC involved in trying to investigate, arrest, detain or prosecute “protected persons,” or allies of the United States. It would also cover anyone who provides “financial, material or technological support” to those efforts. The bill is unlikely to pass the Senate and...