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Search: extraterritorial sanctions

28 Oct

...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...
28.10.13 | |

07 Aug

...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...
07.08.25 | |

26 Jan

...their domestic rule of law, state authorities must ensure that their domestic law does not give legal effect to the basis for business activities in Israeli settlements. All business activities carried out under Israel’s illegal regime by the corporate nationals of law-abiding states would entail concrete legal risks under the company’s home-state law, insofar as those activities oblige the state to give legal effect to Israel’s internationally unlawful acts as though they were lawful. 3) The report’s recommendations to states fall short of adequately addressing foreign corporate involvement in extraterritorial...
26.01.16 | |

14 Dec

...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...
14.12.10 | |

18 Jan

...similar jurisprudence on the basis that the European Convention has a different scope of application provision than does the ICCPR. This is a reference to the old saw, also dismissed by the HR Committee, that the ICCPR has no extraterritorial application. But note that even if that were true, it would not be cause to deny complementarity between IHRL and IHL; it would only be cause to deny that a State has IHRL obligations when it, say, tortures people in wars on foreign lands, a position that, by the way,...
18.01.12 | |

31 Mar

...the clergy, seemingly relying on the Holy See’s supreme power in the Church and the duty of obedience of the members of religious orders. We suggest that the Committee’s approach could be strengthened by a reflection on the role of the HS’s as the supreme power and its consequences for the scope of its obligations under the CRC; a better explanation of the ducal nature of the CRC ratification; and engaging with the broader question of extraterritorial jurisdiction in international human rights law. The Holy See, Supreme Power in the...
31.03.22 | |

29 Jul

...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....
29.07.09 | |

14 Dec

...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...
14.12.07 | |

03 Jan

The Guardian published an editorial by a Republican political operative today blaming WikiLeaks for releasing a State Department cable concerning a meeting between Tsvangirai and Susan Rice in which Tsvangirai discussed the possibility of peacefully removing Mugabe from power: Now, in the wake of the WikiLeaks’ release, one of the men targeted by US and EU travel and asset freezes, Mugabe’s appointed attorney general, has launched a probe to investigate Tsvangirai’s involvement in sustained western sanctions. If found guilty, Tsvangirai will face the death penalty. And so, where Mugabe’s strong-arming,...
03.01.11 | |

31 Jul

...Where the tension does come to a head, the government is faced with the obligation to either give up on its secrecy interests or else face sanctions (including the dismissal of charges). This is the prospect that we have to be worried about insofar as we push more of the burden of terrorism detention into the criminal justice system. It may be that the problem won’t actually arise often, or even at all. Or it may prove a huge obstacle in some cases. I don’t think any of us are...
31.07.08 | |

23 May

...legal significance of, consuls as opposed to diplomats was much greater in the founding period. The consular role could range from mere ombudsman-like assistance to merchants in foreign ports to full-fledged autonomy over home-country nationals as witness the extraterritorial rights of French consuls under the early 1790s convention. Over time, as Peter indicates, the differences diminished. Recent developments, most notably significant trans-border movements of people and the VCCR cases, may signal the need for a renewed bifurcation, albeit without the rebarbative extraterritorial aspects of consuls in the age of imperialism....
23.05.07 | |

15 May

...feasible, the parameters of the actual zone of conflict". Arguing for an extraterritorial NIAC, in the sense that the conflict simply follows the terrorist around wherever he goes, would create an unbearable reality. Courts would never be able to set the relevant zones of conflicts and parameters for the applicability of IHL and states would be given complete autonomy in breaching their neighborint states' territorial borders whenever they presume that a terrorists with whom they are in conflict has entered such territory. Given the fact that almost all states today...
15.05.11 | |