Search: extraterritorial sanctions
20 Jan International Law as Behaviour Symposium: Epistemic Cooperation
...producing changes in state behavior. For example, states may not trust information produced by other states or international institutions. Epistemic institutions can take steps to increase the perceived legitimacy of information, but in some instances credible commitments may be more effective. Second, even with improved information, states may still lack an incentive to coordinate their behavior in the absence of the threat of sanctions. Certain public goods problems, like fisheries, raise this issue. Knowing what constitutes a sustainable fish catch does not by itself provide an incentive for a state...14 Jun What do Appropriate Due Diligence Measures for Nonstate and Substate Partners Look Like? Part II: A Sample of US Practice in Iraq, Syria, and Afghanistan
...joint report, “Regulating Irregular Actors: Can Due Diligence Checks Mitigate the Risks of Working with Nonstate and Substate Forces?” The study explores due diligence and risk mitigation mechanisms in seven US partnerships with nonstate or substate armed groups in Afghanistan, Iraq, and Syria (from 2009 to the present), including provision of training, regular monitoring, establishing rules and standards, threatening or applying sanctions, and other mechanisms. There are a few important caveats to make up-front. Despite their legal-esque tenor, most of these measures were adopted by the US on a policy...28 Sep Reforming Intelligence Oversight
...of a regime of classified information that is at once far too sweeping but, for precisely that reason, largely incapable of having the teeth necessary to keep secrets. It is a classification regime that serves as nip for the cat, and a marker of access rather than a lockbox for necessary secrets. A better system – not likely in our lifetimes, presumably – would be far less ability to classify things, including a classification system clearly tied to a range of sanctions from loss of job to prison. But the...
23 Dec Remedial Secession and the Responsibility to Protect: The Case of Nagorno-Karabakh
...motion calling for condemnation and recognition in respect of Nagorno-Karabakh. Similar resolutions calling for varying degrees of action, from sanctions to recognition, have begun to surface before governments around the world since a “Ceasefire Statement” brokered by Russia between Armenia and Azerbaijan came into effect on 10 November 2020, bringing a fragile end to renewed hostilities in Nagorno-Karabakh that raged since 27 September 2020. The Ceasefire Statement, which allows Azerbaijan to hold on to areas of Nagorno-Karabakh that it seized during the conflict and requires Armenia to withdraw from several...31 Oct Hariri Report Leads to Security Council Action
...involvement of any State in this terrorist act would constitute a serious violation by that State of its obligations to work to prevent and refrain from supporting terrorism.” As CNN summarized: Last-minute diplomatic haggling deleted a direct reference to the threat of sanctions on the Syrian government, but the effect of Monday’s resolution is the same. The resolution is under Chapter 7 of the U.N. Charter, which holds open the ultimate possibility of the Security Council considering the use of force with failure to comply. Russia and China simply would...
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...
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...14 Dec The Mitchell Report and the “Illegal” Use of Performance Enhancing Substances
...of any prescription drug without a valid prescription was prohibited in baseball, and even earlier under federal law. In 1971, baseball’s drug policy required compliance with federal, state, and local drug laws and directed baseball’s athletic trainers that anabolic steroids should only be provided to players under a physician’s guidance. Problem is, under traditional rules of extraterritoriality, the federal regulation of the use of performance enhancing substances does not obviously apply when such use occurs in other countries. And various sections of the Mitchell Report detail allegations of “illegal” use...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....