Search: extraterritorial sanctions

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...

[Piet Eeckhout is a Professor at University College London and a leading authority in EU Law and international economic law. He notes that he has been involved in the Kadi litigation on the side of Sheikh Kadi.] Devika Hovell’s paper is an excellent attempt at conceptualising the relationship between the domestic judge and the UN Security Council (UNSC). That relationship has come about as a consequence of the UNSC’s smart sanctions policies, which intrude in the daily lives of those which are subject to them. Most of the significant case...

...United States looms large in the psyche of States Parties as they discuss how to chart a savvy political path to protect the integrity of the International Criminal Court in the near future. Fresh memories remain from Trump’s sanctions imposed on then Prosecutor Bensouda and other Court senior officials in 2020 for investigative progress in the Afghan situation. With the return of Trump to the White House, it is not hard to predict his administration will pursue a vicious attack on the International Criminal Court as a whole given the...

...Lukashenko holds effective control of the state, and in brutal crackdowns, suppresses the democratic opposition, forcing the projected winner of the 2020 election, Sviatlana Tsikhanouskaya, to flee the country. Poland and Lithuania offered significant support for the oppressed Belarusians, granting them asylum (Tischanovskaya herself was granted asylum in Lithuania). Lukashenko’s actions were condemned by the EU and NATO and new sanctions were imposed on the regime, as international isolation of Lukashenko progressed, with their only ally being the Russian Federation.  In spring 2021 Lukashenko started to highlight in his public...

...of the United States, and I hereby suspend entry into the United States, as immigrants or nonimmigrants, of such persons. Such persons shall be treated as persons covered by section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions). The power to specify covered individuals is delegated to the Secretary of State. Obama is acting under section 212(f) of the Immigration and Nationality Act, which gives the President a blank check...

On the 30th anniversary of the Falklands Islands/Las Malvinas invasion, Argentine President Cristina Fernandez de Kirchner decried the existence of a “colonialist enclave” in the 21st century as an injustice. At a remembrance ceremony in the UK, UK Prime Minister David Cameron referred to the Islanders’ right of self-determination. According to Kofi Annan, Syria has agreed to a ceasefire starting on April 10. In a follow-up to threatening action against Mali, West African nations have placed trade, economic and diplomatic sanctions on the strife-ridden country. In Senegal, President Mackey Sall...

...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,...

...different ways. First, the UN Security Council (UNSC) may take action under its Chapter VII powers to supply relief itself, impose sanctions against the offending actors, or intervene militarily. Second, private aid organizations, foreign states, and international organizations likely may continue to provide assistance regardless of the sovereign’s disapproval with appropriate legal justification. Third, criminal charges may be filed against the individual(s) responsible for disrupting aid if doing so rises to the level of a war crime or a crime against humanity. Finally, another state may sue the offending state...

[Mona Ali Khalil is an internationally recognized public international lawyer with 25 years of UN and other experience dealing with the rule of law and international peace and security efforts including peacekeeping, sanctions, disarmament and counterterrorism.] In the face of a veto by any permanent member of the UN Security Council blocking enforcement action against the mass atrocities in Palestine, Myanmar, Syria and Yemen and elsewhere, is the international community helpless to help – failing to fulfill its responsibility to protect? Proponents of the use of force for purposes of...

...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...

...as special adviser on public international law for the Prosecutor of the International Criminal Court. That court, as is well known, has issued indictments against high level officials of the government of Sudan, including its chief of state. The Security Council has, to date, ducked all pleas by the ICC Prosecutor to assist the Court in enforcing these indictments, even though the Council could easily do so under its Chapter VII authority, including its existing sanctions regime for the Sudan under Security Council Resolution 1591 (2005). What would TWAILERs’ advice...

South Sudan’s Parliament has ratified a border and oil deal with Sudan, which includes a demilitarized zone between the two states. The EU has placed new sanctions on Iranian oil, gas and tanker companies, the effects of which Iran calls futile. In related news, A NYTimes article describes the impact of European sanctions on Iran’s ability to keep the money printing presses going. Invoking humanitarian reasons, the UK government has blocked the extradition of Gary McKinnon to the United States where he is wanted for hacking into military computers in...