Search: extraterritorial sanctions

...as special adviser on public international law for the Prosecutor of the International Criminal Court. That court, as is well known, has issued indictments against high level officials of the government of Sudan, including its chief of state. The Security Council has, to date, ducked all pleas by the ICC Prosecutor to assist the Court in enforcing these indictments, even though the Council could easily do so under its Chapter VII authority, including its existing sanctions regime for the Sudan under Security Council Resolution 1591 (2005). What would TWAILERs’ advice...

[Mona Ali Khalil is an internationally recognized public international lawyer with 25 years of UN and other experience dealing with the rule of law and international peace and security efforts including peacekeeping, sanctions, disarmament and counterterrorism.] In the face of a veto by any permanent member of the UN Security Council blocking enforcement action against the mass atrocities in Palestine, Myanmar, Syria and Yemen and elsewhere, is the international community helpless to help – failing to fulfill its responsibility to protect? Proponents of the use of force for purposes of...

[Piet Eeckhout is a Professor at University College London and a leading authority in EU Law and international economic law. He notes that he has been involved in the Kadi litigation on the side of Sheikh Kadi.] Devika Hovell’s paper is an excellent attempt at conceptualising the relationship between the domestic judge and the UN Security Council (UNSC). That relationship has come about as a consequence of the UNSC’s smart sanctions policies, which intrude in the daily lives of those which are subject to them. Most of the significant case...

...my proposal.) In discussion of my proposals, one commentator has raised the point that my analogies to trade law are not appropriate because in trade, the U.S. Congress does pass legislation to change US law to bring the United States into compliance with ICJ judgments, but only does so in response to the WTO-authorized trade sanctions (i.e. the “SCOO”) against the United States. It’s true that such legislative changes during the WTO era have only come following the SCOOs against the United States. But I would like to think that...

...unlawful occupation of Palestinian lands since 1967 also needs to end, as the International Court of Justice reminded the world in an advisory opinion last year. Concerted pressure is needed beyond civil society. States need to support boycotts, divestments and full-spectrum sanctions, until the occupation ends, and the Palestinian state is independent.  The UK has a special responsibility towards the Palestinian people given its colonial past. As a British citizen of Palestinian heritage, I was proud to have been asked to hand deliver a 433-page petition to HMG at 10...

...of the Case The applicants are eleven members of the ‘Palestine 68 Collective’, a French organization supporting the Boycott, Divestment, Sanctions (BDS) movement. The movement was founded on July 9, 2005 as a response from Palestinian non-governmental organizations to the Advisory Opinion on the Legality of Israel’s Construction of a Wall delivered by the International Court of Justice (ICJ) the year before. According to the ICJ, the Wall and the regime of de facto annexation it created was contrary to international law, and in particular international humanitarian law, international human...

...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...

...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...

...exact mechanism do my experimental results support? Eric Posner’s post begins with a provocative question: Does evidence of policy diffusion imply that “international law is weaker than generally recognized”? More specifically, does the fact that states mimic one another inflate our estimates of how influential international law is? I don’t think so. However, diffusion studies suggest that international law might exert its influence through somewhat different pathways than we often emphasize. Individuals comply with domestic laws for a variety of reasons – some are deterred by the possibility of sanctions,...

...fled to Tunisia. This defection is a big deal. Ghanem had been at OPEC when Libya was under economic sanctions, and his return to Libya as prime minister and head of the ruling party in 2003 was intended to signal Muammar Qaddafi’s return to respectability in the international community. Ghanem became the face of the reformed Libya, which had given up its dabbling in chemical and other weapons and was willing to privatize its state sector industries and do big deals with Western oil companies. He staunchly defended Qaddafi, going...

...for intervening in Syria. The Panama government has said that the undeclared shipment of Cuban weapons found on board a North Korean ship are a “violation” of UN sanctions against arms transfers to North Korea. Rwanda blocked a joint US-French proposal to impose UN sanctions on two senior commanders in the M23 rebel group in the eastern DRC, arguing that the evidence against the men was weak. In related news, a UN peacekeeper from Tanzania was killed and three others were wounded in an operation with the Congolese army to...

...Venezuela and Iran, to seize enemy and neutral oil tankers and institute forfeiture proceedings against them on the basis of unilateral US sanctions. The blockade issue is complicated by, first, questions over whether some of these vessels qualified as stateless, and second, that the US claims to have imposed a ‘global blockade’, rather than a geographically defined one, as required by international law (San Remo Manual, Article 94). By bringing the issue under the remit of civil forfeiture, rather than the traditional law of prize, the US makes its own...