Search: extraterritorial sanctions
31 May IHL and International Human Rights Law in Non-International Armed Conflict
...long held (if, in my view, unfortunate) position that ICCPR doesn’t apply extraterritorially (which the report acknowledges), this seems a bit of a tough legal case to make. Beyond the trial situation (to which it seems CA3 would surely apply), as long as we’re choosing between legal regimes the United States officially rejects, why not pick APII, or API by analogy, as the more useful standard? Truly asking here. Responses to that question produced an interesting exchange on and off-line between Gabor Rona and Marty Lederman. With the relevant permission...
09 Nov Israel’s War in Gaza is Not a Valid Act of Self-defence in International Law
...aggression by Germany and Japan. Israel’s obligations in the law of occupation and international human rights law (applicable extraterritorially), which govern how it exercises its military authority in the Gaza Strip and the West Bank, oblige it to secure public order and protect human rights. However, even if these obligations, especially those in occupation law (specifically, Article 43 of the Hague Regulations, part of occupation law) can be understood as a general matter to encompass an obligation to use force in occupied territory to neutralize threats emanating from there to...
11 Oct Rethinking International Law After Gaza Symposium: Trade, Resistance and International Law – Responding to Atrocities
...world states violate human rights, rule-of-law-abiding weapons manufacturers in the first world respond to the conscience of humanity by adhering to their extraterritorial human rights obligations (see, EU Criterion Two). However, when benevolent and civilised states commit atrocities, these actions are often dismissed as the unfortunate consequences of war. The suspension of arms trade is not even considered until the scale of the atrocities becomes too significant to ignore. When it’s raining bombs, trade becomes a passive factor against carnages and barbarisms of weapon-yielding entities, states or non-state entities or...01 Jun The Continuing Predator Drone Campaign in Pakistan
...the point yet where there’s a sense that there’s anything that could replace that,” the second military official said of the drone attacks. From the legal side, however, I wonder if the Obama administration is cognizant of the kind of pushback that the soft-law community is gearing up to offer. The position of the human rights community continues to harden, in the sense of treating targeted killing as extrajudicial execution under human rights law, and to pushing that conclusion onto the United States through four legal premises: Extraterritorial application of...11 Jul A Canal Runs Through It
...the plaintiffs. But the court isn’t buying it. It finds that the National Environmental Protection Act (NEPA) doesn’t protect foreign harms, including Mexican seepage wetlands just south of the border. Statutes don’t normally have extraterritorial application and there’s nothing in NEPA to suggest Congress wanted to protect these foreign environmental harms. Okay, that argument didn’t hold water, so the plaintiffs try for trans-boundary harm. Harms in Mexico will have trans-boundary harms in the United States. Like what? Well, the loss of seepage in Mexico will reduce crop importation to the...
06 Sep Once Again: Drone Killings and International Law
...actors (BVerfG, 2 BvE 2/16, paras. 50–51). At any rate, such extraterritorial operations may constitute a violation of the sovereignty of the State of sojourn. If this State – for example, Afghanistan (now represented by the Taliban) – did not consent to such an attack, the strike would constitute a violation of the principle of non-intervention derived from the principle of the sovereign equality of States (Article 2(1) UN Charter) (cf. ICJ, Nicaragua Judg. 1986, para. 202); it could also amount to a violation of the prohibition of the use...14 May Brookings Conference on Legislating Counterterrorism
...for going after terrorists themselves. But even as the administration wants to expand the reach of the strategy, the legal space for it threatens to shrink. And it is not especially clear that the administration understands that acceptance of certain things that parts of its foreign policy advisors would like to do – accept extraterritorial application of the ICCPR, for example – would have potentially grave effects on the legal rationales it offers for its targeted killing strategies. I see it as a potential clash within the Obama administration’s foreign...