Search: extraterritorial sanctions
28 Nov Profiting from Atrocity: The Emerging Legal Threat to Companies Enabling War Crimes
...from the sales. Such cases highlight a troubling scenario: corporations that manufacture TNT or other bomb components may be aiding grave violations of international law by serving as an essential link that makes commission of crimes possible. What are avenues of potential criminal liability faced by corporations when their products are used to commit war crimes or crimes against humanity? Are there alternative theories of liability, such as for financial crimes, terrorist financing, or sanctions evasion? For a more in-depth examination of corporate liability in war crimes, visit the prior...28 Sep My Summer Vacation (Part III): Revisiting TWAIL in Paris
...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...18 Jan Another Round on IHL and IHRL
...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,...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....