Search: extraterritorial sanctions
30 Oct Fourth Annual Symposium on Pop Culture and International Law: The “Panem Statute” – the Reconfiguration of the State of Panem and the Trial of Coriolanus Snow for War Crimes and Crimes Against Humanity
...criteria for statehood (Montevideo Convention, 1933), which requires (a) permanent population; (b) a defined territory; (c) government; and (d) the capacity to enter into relations with other states. Yet, it has been recognized (ICRC Commentary of 2016) that NIACs can involve extraterritorial aspects, when a foreign State – District 13 – joins one party to the conflict – the rebel groups from the other Districts, rendering the conflict non-international in nature, as long as the State does not exercise effective control of the groups, which is not the case. Having...26 Mar Kiobel (I): ATS Arguments Make for Strange Bedfellows
...on extraterritoriality. Now the conservatives point to U.S. law – the judge-made presumption against extraterritoriality – and liberals point to the international status of the offenses. It is like a game of Twister. Neither position is fully correct. There may be a place for extraterritoriality in ATS cases, but in a much narrower class of cases then where it is currently applied. The following two posts will draw on much of my prior work, and I hope the reader forgives me not recapitulating the entire argument of those articles here....28 Jul Constitutional Domain and the Court
In reading Kal’s description of territoriality’s ebb and flow, I was particularly interested in the evolution in judicial thinking with regard to constitutional scope or domain. His description of the path from In re Ross, which stated emphatically that the Constitution does not follow the flag, to Reid and Boumediene, which give some extra-territorial force to the Bill of Rights and other constitutional guarantees, is excellent. The evolution has obviously been gradual, even glacial. Within this narrative, there are some fascinating examples of courts dramatically pushing constitutional boundaries outward, including...
25 Jul Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections – A New Tool in the Fight Against Impunity for Core International Crimes
...investigations into international crimes in Ukraine” (p. 10), Trial international notes more generally the “increasing use of the principles of universal and extraterritorial jurisdiction to curb impunity for international crimes” (see here). But, how can a State prosecute efficiently persons accused of war crimes, crimes against humanity or other serious international crimes in cases when the relevant conduct took place in the territory of one State, (some of) the victims and witnesses have found refuge in the territory of another, and the author is present in the territory of yet...16 Oct Guest Post: Removing the cloak of immunity – the Director of Public Prosecutions for England and Wales accepts no immunity from criminal investigation into torture
...crime of torture. FF argued therefore that prosecution of Prince Nasser for torture committed in Bahrain would be possible in UK courts pursuant to the extraterritorial criminal jurisdiction under Section 134 of the Criminal Justice Act 1988. In January 2013 FF was granted judicial review permission. As mentioned above, the matter was due to be heard in the High Court of England and Wales on 7 October 2014, roughly one year and 10 months after permission for judicial review was granted. However shortly before, the DPP appears to have accepted...24 May The US’s Retreat from IHL (or, the Triumph of Ryan Goodman)
...— it’s unclear from the fact sheet — its new understanding of the use of lethal force applies only to the current conflict. Second, although I don’t imagine that the US much cares, the jus ad bellum-like targeting standards announced in the fact sheet do not necessarily satisfy the limitations on lethal force imposed by international human rights law. As I have pointed out ad nauseum on the blog (see here for an example), whether an extraterritorial use of force is legitimate under the jus ad bellum says nothing about...17 Mar YLS Sale Symposium: Sale’s Legacies
...exalted the so-called statutory “presumption against extraterritoriality,” a trend the current Court strengthened in its recent Kiobel decision. Justice Blackmun’s compelling dissent skewered the majority, underscoring not only that the text and meaning of the INA and Refugee Convention were simple and crystalline—“Vulnerable refugees shall not be returned”—but also that that object and purpose would be entirely thwarted if those legal obligations did not apply extraterritoriality to protect fleeing refugees. Looking back, Justice Stevens’ decision is most striking for its frank and admirable acknowledgement of the “moral weight “ of...03 Oct Kiobel Roundtable: The Devil in the Details
...ATS claims arising in the territory of foreign states would require rejecting thirty years of ATS litigation, including the holding of Filártiga v. Peña-Irala. As Justice Kagan explained, it would also require abandoning the reasoning of the Court’s 2004 decision in Sosa v. Alvarez-Machain. Justice Scalia pointed out that applying the presumption against extraterritoriality would bar claims arising on the high seas as well as those arising in the territory of a foreign state, despite Sosa’s indication that the ATS was intended to apply to piracy, an international crime that...