Search: extraterritorial sanctions
20 Nov The Prophetic Tradition of International Law and My Concerns About the Book’s Manichaeism
...two most distinctive features of Kelsen’s jurisprudence, namely: (1) that the nature of law is essentially tied to its use of sanctions, and (2) that the normative force of law was only explicable by reference to a non-natural transcendent fact, what Kelsen called the Grundnorm. Contra Kelsen (and Austin), Hart argued that linking law’s nature to the use of sanctions misrepresents law’s normativity; and on the second point, Hart offered an account of law and its apparent normativity in terms that were exclusively psychological and sociological–in terms of what legal...
15 May EU Corporate Human Rights Due Diligence Obligations: From Means to Results
...would allow it to predict, to the extend feasible, potential human rights violations. As such, the duty to identify potential adverse human rights impact does not entail harm-based civil liability. It is an obligation of result, and non-compliance has certain consequences for the corporation. These can take the form of administrative sanctions/remedial action by the monitoring body established pursuant to Articles 17-18 of the Commission’s Proposal; or sanctions/ remedial action ordered by a civil court if the national civil /torts law allows for such a procedure, as is the case...
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...
02 Aug Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections – Paving the Way for Asset Recovery and Reparations
...enjoy in ‘safe havens’ around the world. To remedy such blatant injustice, States, victim groups and practitioners are increasingly exploring opportunities to recover assets of perpetrators to be repurposed for reparations – an endeavour which has gathered increased momentum since Russia’s full-scale invasion of Ukraine. For example, in 2022 Canada introduced legal reforms to enable the confiscation of funds frozen under sanctions, and their repurposing for the benefit of victims. The EU has contemplated imposing a levy on interest made from frozen Russian assets to raise an estimated three billion...
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,...
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...07 Jun Did You Hear? But for the ICC, the War in Libya Would Be Over
...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...29 Mar Symposium: Kanwar Reply to Murphy
...reader should read to follow the pagination of points made by Professor Murphy. I have also posted the longer version at SSRN to amplify some of the points I hope to make eventually, and it is possible that some of the ways I develop these ideas address some of Professor Murphy’s suggestions. On the finer points (Questions on Legal Characterization): In light of Security Council Resolution 687 (Iraq 1991), how can I claim Chapter VII sanctions have never been applied to a non-proliferation crisis (p. 21)? I will concede on...20 Nov LJIL Symposium: Dialogue Without Hierarchy?
[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...