Search: extraterritorial sanctions
07 Feb A Blogging Hiatus and a Book
...4. Participation Conditions for Non-State Actors 5. NGO Involvement Conditions on Joining a Treaty 6. Consent to be Bound 7. Reservations 8. Declarations and Notifications Constituting the Treaty and its Dissemination 9. Languages 10. Annexes 11. Entry into Force 12. The Depositary Applying the Treaty 13. Provisional Application 14. Territorial and Extraterritorial Application 15. Federal States 16. Relationships to Other Treaties 17. Derogations 18. Dispute Settlement Amendments 19. Standard Amendment Procedures 20. Simplified Amendment Procedures The End of Treaty Relations 21. Withdrawal or Denunciation 22. Suspension 23. Duration and Termination...20 Oct Why the CIA and Drones?
...is that the role of judicial review over extraterritorial targeting decisions is highly limited, at most, even when US citizens are involved. The accountability as such is between the political branches. Many people, including me, have urged the USG to greater transparency as to legal review and standards, not as some supposed legal obligation, but as an important tool for political accountability and legitimacy. (3) The CIA has been given an important diplomatic and political task in conducting operations in Pakistan that, up until recently and perhaps even still today,...
23 Jun Digital Clarity: Why International Law Needs Clearer Application in the Digital Space
...control over territory. Furthermore, States must ensure their cyber capabilities and operations comply with existing international obligations, including human rights law, international humanitarian law, and treaty commitments. The extraterritorial application of human rights obligations takes on new dimensions when State surveillance technologies can monitor individuals globally or when State cyber operations affect critical infrastructure providing essential services. In December 2018, the UN General Assembly adopted the Eleven Norms of Responsible State behaviour in cyberspace. Although these norms are voluntary, they are based on international law obligations. However, it is concerning...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...
04 Apr Is 2022 the Year of Genocide? Recent Events at the ICJ Suggest Yes
...prompted to respond to a legal finding of genocide through sanctions, boycotts, or the pursuit of universal jurisdiction cases, especially in light of Article I’s obligations “to prevent and to punish,” which the Court has long held are “not territorially limited by the Convention.” This extraterritorial duty will, as mentioned previously, be relevant to the Ukraine case, in which the Court will determine whether Russia’s use of military force to prevent and punish “genocide” in Ukraine is legal. This inquiry could, in tandem with an advisory opinion on whether China...08 Jan Estrada Redux: Mexico’s stance on the Venezuela Crisis and Latin America’s evolving understanding of non-intervention
...to the exigencies of Latin America’s strong commitment to human rights and democratic values. This is why non-intervention now coexists with the Inter-American Democratic Charter, as seen above. The Lima Group’s statement and Mexico’s opposition to it, take place in the context of one such particularly hot-topic discussion: economic sanctions. Every year, the Human Rights Council approves a Resolution on “unilateral coercive measures and human rights”. This resolution calls upon states to stop adopting unilateral measures “of a coercive nature with extraterritorial effects, which create obstacles to trade relations among...05 Jun Targeted Killings Symposium: John C. Dehn on Richard Meyer and Col. Maxwell on Status-Based Targeting
...application) international law that attempts to delineate the circumstances under which terrorist violence might become “hostilities” in a NIAC. Meyer senses this problem, classifies it as a “jus ad bellum” issue, but then characterizes it as a “collective political decision” rather than a legal issue (effectively extracting most of the jus from the jus ad bellum). The decision to attack an extraterritorial non-state organized armed group is probably a political question under the framework of the U.S. Constitution, but is not so from the perspective of international humanitarian and human...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...
20 Apr From Brownlie to Brandom: Recollective Stories of the Right of Self-Defense and a Theory of the Pragmatic Semantics of Legal Conceptual Change
...posed by the armed group and individual members, but necessity and proportionality can have a concertina-like quality – at times focusing on the threat posed by particular individuals, and at other times encompassing the overall animus of the armed group, its hostile intentions, and its general capacity to continue to act. This set of propositions supports the preventive, extraterritorial, use of lethal force against individuals and non-state groups, with a geographically and temporally expansive scope. This permissive version of self-defense is neither lex lata nor even de lege ferenda, but...
12 Feb Reforming Military Obedience: Strengthening Vertical Checks on Trump’s (Ab)use of War Powers
...malaise about removing human judgment from the cycle of violence, including at the stage of executing orders. For example, Christof Heyns, then UN Expert on Extraterritorial Execution, called the use of force without reflection “mechanical slaughter.” One of the concerns expressed by Heyns, in comparing AWS with human soldiers, was precisely the lack of “ability of robots to distinguish legal from illegal orders.” The development of mechanical soldiers has, it seems, contributed to a greater recognition of the value of human judgment and common sense in human soldiers. Embracing that...