Search: extraterritorial sanctions
25 Jul Jurisdictional Overlap: Security Council Sanctions and the ICC
A background paper for a High Level Review of Sanctions currently underway at the UN raises some important and interesting questions about the increasing “jurisdictional overlap” between individuals designated on targeted sanctions lists and international criminal courts. In relevant part, the paper states: Increasingly, the reach of sanctions has gone beyond those responsible for initiating and supporting threats to, or breaches of, international peace and security, to include perpetrators of conduct that could be crimes within the jurisdiction of the ICC (especially violations of international humanitarian law, human rights, attacks...02 Dec Extraterritorial Application of Human Rights Treaties: An Overview
human rights treaties, explains that the law of treaties sets no general rules on extraterritorial application, and outlines the basic normative framework of the human rights treaties which are the object of the study, looking in particular at the various types of state jurisdiction clauses that one finds in these treaties, and their relationship with other relevant provisions, such as the colonial clauses. Whether a human rights treaty protects a particular individual in an extraterritorial context is legally a matter of treaty interpretation, and this chapter sets the stage for...
16 Dec Gaza, Genocide, and the UN General Assembly (Part 2)
sanctions as a first step. The UNGA can make recommendations especially when states and IOs have already begun to do so. In the context of atrocity crimes in Gaza, the Norwegian Sovereign Wealth Fund has divested from Israeli companies as a result of the humanitarian crisis, and the European Union has threatened sanctions and tariffs against Israel. Similarly, the UK has considered sanctions against Israel but the current ceasefire deal has stopped the EU and UK from acting. The added value of the Assembly resolution is coordination, solidarity, and an...
03 Sep What Happens Next? Looking Into Enforcement Solutions Over Hungary’s Human Rights Abuses
...the sanction process, a member of the UN Security Council must propose the sanctions to the Security Council. In order for the sanctions to pass, nine of the fifteen members of the UN Security Council must support the sanctions and the sanctions cannot be vetoed by any of the five permanent member nations of the Security Council. The five permanent member nations’ veto power creates an issue for sanctions against Hungary because one of the permanent members is Russia, who has developed a close relationship with Hungary. Russia has vetoed...01 Aug Emerging Voices: Promoting Threat? Assessing the Role of the European Union as an Enforcer of International Law in the Ukrainian Crisis
this to be the case, the measures need to be successful in convincing (or pressuring) Russia to change its policy in east Ukraine and cease its wrongful act. Although the effectiveness of sanctions is generally an issue addressed by political scientists, it is an equally important question for international lawyers who are interested in ensuring compliance with international legal obligations. Can sanctions such as those imposed by the EU change Russia’s behaviour? We are therefore interested in these measures’ coercive effect (see Francesco Giumelli ‘How EU sanctions work. A new...
01 May Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – Human Rights Relationships Across Borders in the Triple Planetary Crisis
...sacrificed by the take-make-waste fossil-fuel economy. The interconnected ecological realities of today and their intertwined social dimensions provide a stark contrast to the territorially bounded nation state that is invoked by the word ‘extraterritorial’, whether in relation to the exercise of jurisdiction or the extent of human rights obligations. ‘Extraterritorial’, as the binary opposite of ‘territorial’, invokes the fiction of the bounded autonomous state, mirroring ‘liberal man’. Rich states often pretend to be bounded autonomous beings, erecting border walls (whether real or performative) to keep climate migrants (refugees) out while...06 Feb What Exactly Is the ICRC’s Position on Detention in NIAC?
...a “common occurrence in armed conflict,” but it is common in both traditional and extraterritorial NIACs. Common Article 3 does not prohibit detention in either traditional or extraterritorial NIAC. And Additional Protocol II is capable of applying to some traditional NIACs and of not apply to some extraterritorial NIACs. In fact, it is probably more likely to apply in a traditional NIAC. To be clear, I’m skeptical the Opinion Paper is correct even concerning extraterritorial NIAC. Nothing in conventional IHL suggests an inherent power to detain in any kind of...28 Jul The Rise of Extraterritorial Regulation
extraterritorial regulation. Canada is an example. Conversely, the U.S. has pushed ahead with extraterritorial regulation even when the chances of judgment enforcement are small. I would not so quickly toss out then that hegemony, in some form, provides part of the answer. I also tend to agree with what Peter and Dave suggest -- although maybe for different reasons -- that there exists a closer interplay between international law and extraterritorial domestic regulation. To my mind, the rise of U.S. extraterritorial regulation seems in considerable part a result of internal...19 Jun Sanctioning the ICC: A Guide to US Law (Part II)
The first part of this two-part post reviewed the law that President Trump invoked in his executive order announcing a sanctions program regarding the International Criminal Court, and went through the different provisions of the order. This part will discuss some relevant issues not directly addressed in the order, and provide some views on what to expect going forward. A Modicum of Protection Some have questioned to what extent sanctions and prohibitions could reach outside groups that collaborate with the work of the ICC, such as non-governmental organizations. That is...
20 Mar Why Neutral Rights Mean that States Are Not Obliged to Join in Collective Sanctions
...use of secondary sanctions, e.g., against foreign financial institutions, could be seen as implying such an interpretation. This is a notion that is sharply criticised by many in the developing world. One of the more strongly-worded objections was from Pakistan’s former Prime Minister Imran Khan, who asked the US rhetorically “are we your slaves?” But many others have also expressed similar views. Indeed, at present, a majority of states in the world have both condemned Russia’s military acts as illegal and declined to participate directly in Western sanctions. As the...