Search: extraterritorial sanctions
19 May How to Sue Burma in the ICJ for Genocide
This IHT report documents horrific human rights abuses in Myanmar/Burma gathered by an Englishman who has been sneaking in Burma over the past five years. Of course, the real story here is that these abuses, if true, are going on. But the practical question: Is there any remedy for foreign governments, consistent with existing international law, to stop the abuses. (Note: The U.S. still has as many sanctions on Burma as I believe is possible. But I don’t think China is nearly as scrupulous). Well, I suppose Kosovo and maybe...
12 Jun Prize Law Revisited: Between Permission and Regulation
...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...
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...
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,...