Search: extraterritorial sanctions
07 Aug Fifteen Years After Sri Lanka’s Civil War Ended, a Different Approach to Transitional Justice is Needed
...especially at the U.N. Human Rights Council. The international community has minimally stepped in to fill the accountability vacuum, for example through attempts at bringing universal and extraterritorial jurisdiction cases; the establishment of the U.N.’s Sri Lanka Accountability Project; and the sanctioning of alleged perpetrators. Accountability measures at the international level should be amplified, particularly because many victims justifiably do not trust the Sri Lankan government to address rights violations. However, for long-term change in Sri Lanka, genuine, victim and people-centered TJ processes are needed in-country. For this to occur,...12 Apr The Coming Attack on Syria Will Be Unlawful
...the Russian gander. This is the most frightening aspect of Trump’s madness: although the Syrian military is capable of doing far more damage to American forces than Iraq’s or Libya’s militaries ever were, Russia’s military is one of the most powerful and technologically-sophisticated in the world. A hot war between Russia and the US could be literally catastrophic. None of this jus ad bellum analysis should be remotely controversial — at least not to those who don’t believe the US has the God-given right to use extraterritorial force wherever and...
24 Jan Taking Territory of a Third State Seriously: Beginning of IAC and the Strike Against Major General Soleimani (Part I)
[ Pouria Askary is an assistant professor of international law at Allameh Tabataba’i University, and Katayoun Hosseinnejad is a university lecturer of international law in Iran.] As discussed by many scholars and commentators (see e.g. here, here and here) the extraterritorial operation by the US armed forces on 3 January 2020 at Baghdad international airport which led to the assassination of Major General Soleimani, the commander of the Quds Force of Iran, was a flagrant violation of the peremptory norm on prohibition of the use of force enshrined in Article...19 Sep Philip Alston on Targeted Killing
Philip Alston has posted an important new essay on targeted killing on SSRN. Here is the abstract of the essay, which is forthcoming in the Harvard National Security Journal: This Article focuses on the accountability of the Central Intelligence Agency (CIA) in relation to targeted killings, under both United States law and international law. As the CIA, often in conjunction with Department of Defense (DOD) Special Operations forces, becomes more and more deeply involved in carrying out extraterritorial targeted killings both through kill/capture missions and drone-based missile strikes in a...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...15 Aug New Responsibility to Protect (R2P) Report Out
...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...
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...