Search: extraterritorial sanctions
06 Jun Targeted Killing in US Counterterrorism Strategy and Law
...urge the Obama administration, and offer it advice, on how to preserve the legal category of targeted killing as an aspect of inherent rights of self-defense and US domestic law. As such, this paper runs sharply counter to the dominant trend in international law scholarship, which is overwhelmingly hostile to the practice. It urges the Obama administration to consider carefully ways in which apparently unrelated, broadly admirable human rights goals, such as accepting extraterritorial application of the International Covenant on Civil and Political Rights, or accepting its standards as a...17 Aug Weekend Roundup: August 10-16, 2013
...the recently released fifth report from the UN Secretary General on R2P and highlighted several interesting topics that are strangely missing, including discussion about Libya, military intervention or the Security Council, extraterritorial obligations of states, the ICC and new technology. Duncan called our attention to a novel agreement between the US and Germany not to spy on one another and asked wondered how it would work in practice. In our Emerging Voices series, Žygimantas Juška spoke about the role of standby counsel based on his experience at the ICTY on...09 Jan Raising Questions on Targeted Killings as First Strikes in IACs
...when commenting Koh’s speech: “[W]hen the US uses a predator drone in Pakistan to kill a terrorist, it thereby commits two distinct acts which can in principle be characterized as wrongful: it violates the sovereignty of Pakistan, and it violates the right to life of the person killed. It is the wrongfulness of the former only that can be precluded by an invocation of self-defense, just like Pakistan’s (or Yemen’s, or whoever’s) consent would preclude it. But, assuming the (extraterritorial) application of human rights treaties to a given situation, I...
11 Dec Operationalisation of ‘Duties’ of States and Non-State Actors in the Draft Convention on the Realisation of the Right to Development
...of human rights committees (General Comment No. 14 on the Right to Health; the General Comment No. 5 on the Rights of the Child; Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights 2011). This provision has become more relevant in the context of demand of developing countries to address the issue of ‘the transformation of global governance’ as a new and old dimension of the realisation of the right o development (Chimni and Balakrishnan). In pursuance to Article 13(4), States Parties have...
20 Nov What Does International Law Have to Say About the Conditions of Life in Gaza Today?
...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...27 Jan U.N. Considers Special Courts for Pirates
...Coast of Somalia, said the international community should work towards “Somaliazation” of responses to piracy by helping local authorities in the regions of Puntland and Somaliland to enhance their judicial and prison capacities in order to prosecute and jail captured pirates. In his report to the Security Council, Mr. Lang also proposed the establishment, for a transitional period, of a Somali “extraterritorial jurisdiction court’ in the northern Tanzania town of Arusha to deal with piracy cases. He told the Council, as well as a news conference following the meeting, that...
21 Jul Universal Jurisdiction: Arguments for a More ‘Universal’ Double Criminality Requirement in France
...apply (here, and here). Although causing much controversy in France, double criminality is not practiced by other states actively exercising universal jurisdiction such as Belgium, Germany and Sweden. Whilst the principle is recognized as an essential safeguard to extraterritorial prosecutions before domestic courts, the present post shows that it is fulfilled in the specific context of universal jurisdiction over international crimes. Double criminality as a requirement for universal jurisdiction was first applied by the Court of Cassation in the Chaban case in November 2021. As a former reservist of the...10 Aug Events and Announcements: 10 August 2025
...contemporary realities are placing unprecedented strain on these foundations. Climate change threatening statehood; non-state actors exercising de facto territorial control; contested maritime and land boundaries; extraterritorial jurisdiction; and the enduring legacies/challenges of decolonisation and self-determination. In parallel, the prohibition on the use of force, the resilience of territorial integrity, and the role of international adjudication mechanisms in deciding territorial disputes are increasingly being tested by ongoing military conflicts and deeply contested geopolitical contexts. Against this backdrop, an overarching question emerges: Does international law’s understanding of territory remain fit for purpose...09 Nov Events and Announcements: 9 November 2019
...this event particularly welcome papers addressing one of the following sets of issues: rules and norms of responsible State behaviour in cyberspace, in particular in the context of the new OEWG and GGE proceedings; Western and non-Western approaches to international law in cyberspace; the application of international humanitarian law to cyber armed conflicts; sovereignty in cyberspace; aspects of “digital sovereignty”; State responsibility in cyberspace; individual and collective reactions to cyberattacks, cyber restrictive measures, countermeasures etc.; supply chain security and international trade law (vide 5G, Huawei, etc.); and extraterritorial jurisdiction (U.S....16 Jan Post-Kiobel, Are We All Ready to Move On From the ATS?
...for the Court by Chief Justice John Roberts and the main concurring opinion by Justice Stephen Breyer refused to interpret the ATS as authorizing universal jurisdiction. All nine justices rejected decades of lower-court precedent and widespread scholarly opinion when they held that the ATS excluded cases involving purely extraterritorial conduct, even if the alleged conduct constituted acts that are universally proscribed under international law. In this short essay, I argue that the surprising death of universal jurisdiction reflects the triumph of the “separation of powers” critique of the ATS, which...