Search: extraterritorial sanctions
02 Apr Events and Announcements: April 2, 2019
...H St. NW, Washington, DC, USA. For registration information, see here. For those who cannot make it in person, the event will be webcast for free. For further information, see here. Announcements The Codification Division of the Office of Legal Affairs recently added the following lecture to the Lecture Series of the United Nations Audiovisual Library of International Law (AVL) website: Mr. Alejandro Chehtman on “Extraterritorial criminal jurisdiction” (in Spanish). The Audiovisual Library is also available as an audio podcast, which can be accessed through the preinstalled applications in Apple...
28 Aug Minding the Gap, Properly: Conflict Classification, Protected Persons, and What the Geneva Conventions Already Require (Part II) – A Reply to Alexandria Virginski
...even secure agreement on modalities and a work plan. Divergence over the extraterritorial reach of human rights law, and State reluctance to confer anything resembling status on armed groups, were among the obstacles in both processes. A reform proposal has to engage with the record of the terrain it proposes to enter. We ask, what would make a treaty negotiation succeed where the 2012 and 2015 processes stopped short? And, which of the objections were principled and which merely convenient? Where the Gap Actually Lies We want to close constructively,...
07 Mar The (il)Legality of Israel’s Prolonged Occupation of the Palestinian Territory: Perspectives From the UN Special Rapporteur and Commission of Inquiry’s September 2022 Reports
...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...31 Jul More Detention Cases
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,...20 Apr Weekend Roundup: April 13 – 19, 2013
majority’s opinion may have made the ATS more robust by clearing up some issues, she agreed with other commentators that Justice Breyer’s concurrence took the better conceptual approach. Anthony Colangelo criticised the majority opinion for extending the presumption against extraterritoriality to causes of action, which as part of lex fori are by definition not extraterritorial. Also favouring the Breyer concurrence was John Knox, who was happy to see the presumption against extrajurisdictionality resurfacing. Alex Mills pointed out that by applying a presumption against total extraterritoriality, i.e. in foreign cubed cases,...
16 Oct The Trump Administration and International Law: A Reply
...from the inside I “actually advised the Obama administration to change its interpretation and to recognize the extraterritorial application of the ICCPR;” I then argued with greater success both internally and externally for the view that the Convention Against Torture applies extraterritorially, a view that the Obama administration eventually adopted after I left. Given Eviatar’s recognition that I fought internally—with admittedly mixed success—for the United States to actually comply with international human rights law, I am bit puzzled by her suggestion that “prominent lawyers and legal scholars like [my]self could...
01 Oct Unlocking the Road to Justice in Syria
...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 –...22 May A Word on Maqaleh
...brought them there, the court concluded that the “practical obstacles inherent in resolving the prisoner’s entitlement to the writ” while petitioners were detained in an active theater of war weighed against recognizing an extraterritorial constitutional right to habeas. Many things to say on the decision’s import and meaning, but here I’ll just start with two unrelated points. First, on the import. Whatever one thinks of the opinion on the merits, it may be easy to overstate its practical significance. The Obama Administration’s litigation strategy in all of its highest profile...
13 Jul Notice of Retraction
We regret to inform our readers that we have had to remove a post entitled “Legality of Extraterritorial Coercive Economic Measures Taken Against Russia from the Lens of International Trade Law” and published on our site in September 2022. It has recently come to our attention (and has been conceded by the author submitting that piece) that the post was translated and reproduced in substantial part from the piece “Considerazioni Sulle Misure Coercitive Adottate Nei Confronti Della Federazione Russa E Della Bielorussia Alla Luce Del Diritto Del Commercio Internazionale”, authored...