Search: extraterritorial sanctions
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...
07 Aug Symposium on The Principle of ne bis in idem in International Criminal Law: The Role of ne bis in idem in Transitional Justice – A Multi-level Approach to Justice, Truth, and Reconciliation
...criminal sanctions and thus do not trigger ne bis in idem concerns. However, the information they uncover can lead to subsequent prosecutions, raising questions about the interplay between truth-seeking and legal finality. Nuridzhanian’s framework suggests that while truth commissions operate outside the traditional judicial sphere, their findings must be carefully managed to respect the ne bis in idem principle when transitioning to formal prosecutions. Similarly, customary conflict resolution mechanisms, often rooted in local traditions, may resolve disputes and impose sanctions within communities. The recognition of these resolutions by formal legal...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...10 Jun Dear Secretary Tillerson (and the World Media): Qatar is NOT Under a “Blockade”
...are simply preventing anyone in their territories from traveling to or trading with Qatar. A blockade would mean that the Gulf nations actually used military force to interdict all shipping and flights into Qatar by any nation and through international waters. Israel has essentially established such a blockade of the Gaza Strip, but that has not happened to Qatar (yet). Until that happens, there is no blockade. Why is it so shocking that Secretary Tillerson did not recognize this legal distinction? Because the U.S. frequently engages in economic sanctions of...03 Mar The Crimea, Compliance, and the Constraint of International Law
...economic and diplomatic sanctions. International law frames certain expectations of behavior; international institutions such as the G8, the UN, the WTO, the World Bank and the IMF provide options for enforcing those expectations. And, no, this is not automatic, such sanctions are still dependent on the political will of states. But it is international law that contextualizes and frames that political will and gives a means of persuading other states to coordinate such responses due to a language that goes beyond immediate geopolitical self-interest and gives many states a stake...29 Jul Military Commissions Moving Ahead
...Guantanamo are serving any of these purposes. To the extent they may be justified in this context at all, it is as the only forum in which it is possible to charge violations of the law of war – either because there is no relevant charging offense under federal criminal law, or because federal criminal law did not at the time extend to cover extraterritorial offenses. I suppose other justifications might be offered, and I’d be happy to have them. But I doubt the we-can’t-win-under-the-evidentiary-standards-in-Article-III-court rationale is one of them....14 Dec Assange: Non-Citizenship Should Be Irrelevant to Possible Espionage Charges
...of the actor, the nature of the recipient(s), and the nature of the information. If the intent to harm a nation's security interests is present, I have trouble accepting an argument that potential criminal culpability should stop with the first non-citizen or non-government employee who receives (rather than extracts) and then further discloses a government's secrets. Of course, the biggest obstacle to prosecuting a violation of an extraterritorially applied domestic law is the lack of legitimate extraterritorial enforcement power. Merely having an applicable law on the books does not automatically...