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Search: extraterritorial sanctions

01 Oct

...of documentation cannot be overestimated. As part of the efforts to resist denialism, dedicated documentation efforts have foregrounded the experiences of victims/survivors, kept their narratives alive, and provided a wealth of evidence to push back against misinformation and revisionism.   Second, and related to this, documentation has also laid the basis of the most remarkable and internationally discussed developments, namely criminal litigation efforts that opened a crack in the wall of impunity. Multiple prosecutorial initiatives under the principle of universal jurisdiction – as well as other forms of extraterritorial jurisdiction –...
01.10.22 | |

31 Jul

A quick note on the two latest case examples on the table in our ongoing detention debate. First, Mr. Al-Marwallah’s case is a prime example of why we shouldn’t make broad new detention policy based on the problems of Gitmo alone. Mr. Al-Marwallah may not be prosecutable for taking terrorist training pre-2001 since the criminal material support statute in effect at that time may not (emphasize may) have had the requisite extraterritorial scope. Any such lacuna in the substantive scope of the criminal law has since been corrected. Mr. Al-Marwallah,...
31.07.08 | |

08 Jan

...Afghanistan? Justice Kennedy’s ruling in Boumediene was nothing if not intensely functional in nature, so the parties’ briefs (and argument) devoted substantial time to discussing how the Kennedy criteria for determining when/whether the U.S. Constitution applies extraterritorially: (1) the citizenship and status of the detainees and the process for determining their status; (2) the nature of the sites of apprehension and detention; and (3) the practical obstacles to extraterritorial application of the constitutional right. As usual, the best account of the hearing can be found at Scotusblog. Yesterday’s upshot: U.S....
08.01.09 | |

07 Mar

...annex East Jerusalem (paras. 14–16); (ii) the establishment of settlements and outposts in the West Bank, and the associated exploitation of natural resources, building of settler-only roads and infrastructures, demographic engineering measures, and extraterritorial application of Israeli domestic law to settlements and settlers (paras. 24–47); and (iii) the unequivocal statements by Israeli officials of the intent to appropriate permanently portions of the West Bank (paras. 48–53). The importance of the COI’s report is that it considered Israel’s violation of binding rules of international law not in isolation, but in the...
07.03.23 | |

28 Feb

...tradition, I will hazard a guess that there will be at least one opinion supporting corporate liability (on the principle that corporations are routinely held liable for the torts of their agents), one opinion opposing corporate liability and also challenging the ATS’s grant of jurisdiction over extraterritorial conduct and over suits between aliens, and one opinion (perhaps a concurrence) opining on how ATS suits fit (or not) into the evolving global landscape of domestic adjudication of international law violations (whether these are denominated violations of international law, common law, or...
28.02.12 | |

22 Jul

...Since the 1980s, the southern neighbor has served as a buffer zone to prevent mass movement up north (FitzGerald, David Scott Refuge Beyond Reach (OUP 2019), pp. 123-159). To halt and decrease the rapidly rising numbers of asylums seekers from Central America in the last months, the US government has pushed for the above-described policies. Both policies, the extraterritorial asylum processing (‘Remain in Mexico-policy’) and the safe-third-country concept, were implemented after a combination of immense pressure from the US government and good coaxing. President Trump had used the threat to...
22.07.19 | |

09 May

...President of the United States had made it clear that torture anywhere was an affront to human dignity everywhere and that freedom from torture was an inalienable right. Beyond the protections in the Constitution, United States criminal law prohibited torture. There were no exceptions to that prohibition. The Congress had also passed laws that provided for severe federal sanctions, both civil and criminal, against those who engaged in torture outside the territory of the United States…. In respect of Committee questions concerning United States actions taken in response to the...
09.05.06 | |

20 Nov

...in Gaza and beyond may have been concluded. National courts may also have the chance to have their say with at least two cases already filed in the United States and the Netherlands. Legal action may result in some individuals being held accountable through prosecution not only by the ICC, but also domestically through use of universal and other forms of extraterritorial jurisdiction. There is also the possibility of individualized sanctions. Legal initiatives may also lead to some restraints on action by some states for instance regarding supplying arms, or...
20.11.23 | |

20 Apr

...posed by the armed group and individual members, but necessity and proportionality can have a concertina-like quality – at times focusing on the threat posed by particular individuals, and at other times encompassing the overall animus of the armed group, its hostile intentions, and its general capacity to continue to act. This set of propositions supports the preventive, extraterritorial, use of lethal force against individuals and non-state groups, with a geographically and temporally expansive scope. This permissive version of self-defense is neither lex lata nor even de lege ferenda, but...
20.04.21 | |

15 Aug

...to protect and its implementation.” What is perhaps more interesting is what the Report does not say: it does not mention Libya, which continues to be the real hot button precedent on R2P it does not mention military intervention, or the role of the Security Council it does not mention extraterritorial obligations of states it does not mention the ICC it does not mention new technology On the latter two points, see this July 2013 Report on R2P by Madeleine Albright and Richard Williamson. The Secretary General has recently appointed...
15.08.13 | |

05 Jun

...application) international law that attempts to delineate the circumstances under which terrorist violence might become “hostilities” in a NIAC. Meyer senses this problem, classifies it as a “jus ad bellum” issue, but then characterizes it as a “collective political decision” rather than a legal issue (effectively extracting most of the jus from the jus ad bellum). The decision to attack an extraterritorial non-state organized armed group is probably a political question under the framework of the U.S. Constitution, but is not so from the perspective of international humanitarian and human...
05.06.12 | |

23 Jun

...Roger Alford discussed how extraterritorial application of the US Foreign Corrupt Practices Act could jumpstart anti-corruption prosecution in other OECD countries, and Julian Ku posted about Germany v Greece in the Euro 2012. Peter Spiro asked whether the pending Supreme Court ruling on Arizona’s SB1070 will make any difference and whether Julian Assange will live out his days in the Ecuadorian Embassy in London. Peter also pointed to the plight of persons of South Sudanese descent residing in Sudan who have become stateless after South Sudan’s secession. As always, Kevin...
23.06.12 | |