Search: extraterritorial sanctions
25 Jan Goldsmith, ICC and Darfur
...that more harm could be done to the value of international humanitarian law by throwing in a referral to the court as a way to garner support for sanctions against Khartoum. Goldsmith says that “even though criminal courts have done little to bring reconciliation to Rwanda or the former Yugoslavia,” or even “deter future crimes,” it is nevertheless “possible that the concrete threat of an ICC prosecution could temper the killings in Darfur without adversely affecting the recent peace deal…” While he seems to recognize that this is a pretty...
09 Nov Warfare to Lawfare under CERD: Armenia v. Azerbaijan and Azerbaijan v. Armenia
...and for Ukraine v. Russia in Crimea) and issues of non-intervention (e.g. Qatar v. UAE on sanctions and travel bans against Qataris) to be complained of under the cover of racial discrimination, ethnic cleansing, cultural erasure, targeted murders and torture as well as other human rights protected by the CERD. The strategy is to cleverly re-characterize the dispute around racial discrimination in order to pass the step of jurisdiction ratione materiae. A clear example of this reformulation would be Ukraine’s argument in the Ukraine v. Russia case that “while it...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...
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...
15 May The Legality of Uganda’s Military Intervention in South Sudan
...of arms and related materiel as well as ‘technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related materiel, including the provision of armed mercenary personnel’ (para 4). The Resolution also provides for a limited exemption regime. States that desire to offer military assistance must apply for exemptions from the Sanctions Committee (paras 5-6). In Resolution 2683 (2023), the UNSC removed the exemption requirement only for the provision of non-lethal military equipment or assistance solely in support of...
14 Apr Not All Aggression is Equal: Why Force for Regime Change is the Graver Breach
...Security Council action. Russia and China drew the explicit lesson from Libya when they blocked Council resolutions on Syria: a civilian protection mandate would be used for regime change. The systemic resonance was immediate and durable. Venezuela (2019-2026) The Venezuela situation traces the full arc of regime-change aggression, from coercive pressure to its logical conclusion. Beginning in 2019, the United States recognized Juan Guaidó as Venezuela’s “interim president,” imposed sweeping sanctions designed to collapse the Maduro government’s finances, and made explicit that “all options are on the table,” the standard...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 Apr Tariq Aziz’s Trial Begins
...gone on trial in Iraq on genocide charges, accused of approving the execution of scores of business people while the country was under economic sanctions. He has been in US custody for the last five years and if he is found guilty, he could face death by hanging. The 72-year-old entered the courtroom with a walking stick, looking frail and weak. He and seven others are on trial for executing 42 Baghdad merchants in 1992, who were accused of raising food prices at a time when Iraq was facing stiff...
10 Oct Rethinking International Law After Gaza Symposium: A Thought Experiment – What if we Tried to Organise the “Rethinking International Law after Gaza” Conference in the UK?
...than those countries with statutory restrictions on free speech that I have worked and organised events at in the past (see here, here, and here, and this collection on Jerusalem that followed a workshop). I am aware this is quite an indictment. As I explain below, the ‘adoption’ of the IHRA definition of antisemitism by many British universities was ideologically driven by the previous Conservative government which threatened financial sanctions against those institutions that refused to adopt it or raised concerns about free speech and academic freedom. The result has...