Search: extraterritorial sanctions
26 Jan Much Ado About Nothing
...that’s been our national policy by and large for the past 10 or 15 years,” which is incorrect to say the least. One example might suffice: the Obama administration reacted to the 2016 interference by Russia with economic sanctions, the expulsion of Russian diplomats and conducted covert cyber-operations against Russia. The problem is not a political but a legal one. In that occasion the US government could only commit to retorsions as countermeasures (acts normally illegal but justified if used to bring another State to compliance with international law) were...07 Jul Weekly News Wrap: Tuesday, July 7, 2015
...month of Ramadan on July 17, to allow for deliveries of humanitarian aid. Iran and world powers made progress on future sanctions relief for Iran in marathon nuclear talks on Saturday, but remained divided on issues such as lifting United Nations sanctions and the development of advanced centrifuges. Asia The Philippines will start on Tuesday its legal battle against China’s territorial claims before the Permanent Court of Arbitration in The Hague. The Philippine navy recently found a large steel marker bearing Chinese inscriptions and hundreds of yellow buoys in waters...
09 Sep Contemporary International Criminal Law After Critique Symposium: Accountability for the Unaccountable? Article 15 Communications Beyond the ICC
...their view of complicity to include the active support, tacit support, and deliberate silences and inaction of other states and political leaders. By engaging in this form of advocacy, the authors of communications might be able to leverage the stigma of international criminal law to influence public opinion and generate sanctions against illegitimate conduct. Extralegal sanctions can include protests, boycotts, and the reputational damage that arises from being named as a person who has allegedly committed an international crime. For politicians, who rely on public support for re-election, the consequences...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...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...28 Oct On What Basis Can the ICC Silence Ruto?
...or interfering with the collection of evidence; (d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties; (e) Retaliating against an official of the Court on account of duties performed by that or another official; (f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties. Article 71, in turn, addresses misconduct before the court: Article 71 Sanctions for misconduct...15 Jul Chemical weapons in Syria – German and Belgian companies complicit?
...and in terms of an EU sanctions they required formal approval before they could be exported. Isopropanol has been on the list since 2013 and diethylamine has been there since 2012. The organisations’ complaint therefore pertains to possible criminal violation of EU Regulation 36/2012 concerning controls on the sale, supply, transfer, or export to Syria, either in a direct manner or in an indirect manner. In the case of the German and Belgium respectively, approval should be obtained from the Federal Office of Economics and Export Control and the Flemish...
04 Feb A Reminder of the Importance of the Crime of Aggression: Considering the Situation of Russia and Ukraine
...exception. While there are informal ways to try to “enforce” international law, for example, through economic sanctions, a cursory glance at the situation of Crimea, a victim of earlier Russian annexation, reveals that sanctions are not always capable of changing state behavior. While the crime of aggression (i.e., “crimes against peace”) were prosecuted already in 1945-46 before the International Military Tribunal at Nuremberg, the crime was added late to the International Criminal Court’s Rome Statute, in negotiations held after the Court was already operational and able to prosecute its other...28 Sep My Summer Vacation (Part III): Revisiting TWAIL in Paris
...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...
13 Aug Emerging Voices: Momentum Builds for Mandatory Human Rights Due Diligence
...it is conducted? Or is it to hold companies accountable for human rights abuses? This is where opinions diverge. Unsurprisingly, businesses want assurances that being more transparent about their human rights risks won’t increase the risk of litigation. Conversely, civil society is concerned that mHRDD legislation should have some “teeth”, and include meaningful sanctions for non-compliance and/or provide a remedy for victims. Navigating these competing demands represents a challenge for legislators. France and the Netherlands have adopted different approaches. Under the French law, a company may be ordered to remedy...