Search: extraterritorial sanctions
15 Aug Scathing GAO Analysis of the 2006 Trafficking in Persons Report
Each year, pursuant to the Trafficking Victims Protection Act, the Department of State submits to Congress a report on countries’ efforts to eliminate human trafficking. The report divides countries into three tiers, with Tier 1 including countries that have made significant efforts to comply with U.S. law’s minimum standards for the elimination of trafficking in persons, and Tier 3 including countries that have failed to make such efforts. Tier 3 countries risk losing non-humanitarian, non-trade-related assistance from the U.S.; since 2003, full or partial sanctions have been imposed on Burma,...30 Jul Three major challenges the Special Jurisdiction for Peace in Colombia faces
...already been established by ordinary tribunals. On the other hand, to guarantee victims’ rights to justice and reparations, the Special Jurisdiction should impose sanctions and order reparation measures in accordance with international standards. To put it simply, the JEP should make sure that reduced prison sentences, suspended sentences and other benefits are not perceived as effectively granting impunity to perpetrators. This is particularly important since, for example, in cases where the JEP considers that the perpetrators’ acknowledgement of their criminal responsibility is complete and comprehensive, it will impose non-custodial sentences,...
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...
01 Dec The 24th Session of the Assembly of States Parties to the Rome Statute: Time to Act
...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...30 Aug Of Fire and Fury: The Threat of Force and the Korean Missile Crisis
...international peace and security and imposed new sanctions on North Korea. On August 8th, the war-of-words between the US and North Korea escalated. Echoing President Truman’s warning that Japan would suffer “a rain of ruin” if it failed to surrender, President Trump warned that North Korea would be met with “fire and fury” if it threatened the US. Seemingly undeterred, North Korea announced that it was preparing plans to attack Guam, in response to which President Trump took to twitter to warn that “military solutions are now fully in place,...18 Nov Lindsey Graham on All Options Open re Iran and Nukes
Tod Lindberg, editor of the Hoover Institution’s Policy Review, reports in the Weekly Standard on a blunt message delivered by Senator Lindsey Graham (R-NC) at a discussion meeting of senior transatlantic policy makers, the Halifax International Security Forum. It’s not a forum that would attract a lot of attention, but the attendees are very senior in transatlantic relations and NATO. Quoting from Graham: Nobody would like to see the sanctions work any more than I would because I’m still in the military [Graham is a colonel in the Air Force...
01 Aug Options for a Peace Settlement for Ukraine: Option Paper XII – A Dynamic Political Settlement: Adapting to the Evolving Post-agreement Context
...in the Ukraine, and their complex interplay, means that any of an infinite number of factors has potential to drastically alter the implementation landscape. One of these factors may be sanctions, in terms of both imposition and relief. It remains to be seen what costs need to be imposed on Russia, and President Putin specifically, to secure meaningful concessions from Russia in peace negotiations, despite the guaranteed loss of face given the unrealistic demands that were issued in the first place. For the implementation phase, questions may arise whether removal...
29 Oct International Law and Popular Culture Symposium: The Sokovia Accords and Popular Culture’s Effect on Perceptions of International Law
...sanctions on the enhanced individuals under Chapter VII, Article 41 of the UN Charter would have achieved the same (or even better) result – the writers could even have written in a wholly new enjoyable sanctions regime. But going down this rabbit hole, while immensely entertaining to lawyers, betrays an expectation that popular culture must accurately reflect the world – and by extension, the legal system it inhabits. Other commentators on this topic have correctly identified that works of popular culture are produced mainly to entertain mass audiences, make a...27 Feb Two Mistaken Defenses of Torture
...is incorrect, although the poor drafting of the statute makes it an easy mistake to make. Again, here is the text of the statute: (1) “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control; (2) “severe mental pain or suffering” means the prolonged mental harm caused by or resulting from— (A) the intentional infliction or threatened...
19 Aug To Recognize or Not to Recognize – is That Really the Question? On State Recognition Amid Genocide
...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...