Search: extraterritorial sanctions
21 Jun The Gitmo Task Force Report
...of such detentions depends a lot on the particular facts of the case. Category (2), while also leaving some ambiguities, sounds a fair bit like conduct that is now – but was not necessarily in 2001 – covered by the federal criminal laws of the United States. Receiving military training from a terrorist organization is its own independent federal crime and/or is almost certainly prosecutable under the extraterritorial material support offense. Category (4) – “History of associations with extremist activity” – seems to me simply too vague to make heads...06 Oct Weekend Roundup: September 29 – October 5, 2012
...possible readings of an exchange between Justice Scalia and the US Solicitor General on whether the Court should give deference to the views of the State Department. During our special Kiobel Roundtable, Curtis Bradley argued that the presumption against extraterritorial application is a better fit than the stronger presumption against extraterritoriality to limit the scope of the ATS. In his post, William Dodge also pointed out that suggestions by respondents to apply the presumption against extraterritoriality did not appear to gain traction with the justices. He also touched on the...23 Mar The “Law Enforcement” War on Drugs
...I called the “war on drugs” in a previous post. But the indictment of the entire rebel leadership takes this “war” to a new level. First of all, it further demonstrates the remarkable extraterritorial scope of U.S. statutes criminalizing drug trafficking. Second, the indictment criminalizes (for drug law purposes) the entire Colombian civil war. In theory, if the Colombians capture a FARC leader in their civil war, they can now extradite him to the U.S. to stand trial for drug crimes, rather than charging him with human rights abuses or...22 May Guest Post: Rona on Mohammed v. Ministry of Defence and Detention in NIAC
...a decision of the High Court of England and Wales that has already received a good bit of attention. The reason I limit the question to “in armed conflict” is that outside of armed conflict, the source of detention power is clear. There, it’s domestic law as constrained by international human rights law that provides the answer. A single important asterisk is made necessary here because a very few recalcitrant states, like the US, deny that human rights law applies to their extraterritorial conduct. The reason I limit the question...03 Mar Human Rights Litigation in State Courts and Under State Law
...state torts for wrongful death, battery, and false imprisonment are the basis for causes of action for international human rights litigation, then state choice of law rules are going to become the rage for human rights practitioners. We should all start reading the conflict of laws treatises of Patrick Borchers and Symeon Symeonides again, and start considering the constitutional and international law limits of the extraterritorial application of common law torts. Fortunately, some incredibly productive young guns like Chris Whytock, Trey Childress, and Anthony Colangelo are filling the gap. My...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...09 Aug A Business and Human Rights Treaty: The Risks of Human Rights Counter-Diplomacy
...to address in the early stages of this draft. Looking forward A treaty that would link B&HR would provide a more coherent and less fragmented international law, stipulating that human rights would take part of the law that regulates businesses. A treaty could clarify the precise content of states’ duty to protect human rights by being explicit in the extraterritorial reach of this duty, in order to dissipate any confusion. It would define clear legal obligations of corporations with respect to human rights, and could address how multi-national corporations can...30 Jul Events and Announcements: 30 July 2023
...part of Volume 35(2), the National Law School of India Review (‘NLSIR’) is releasing a Special Issue focusing on the interactions of TWAIL with ideas of jurisdiction, extraterritoriality, statehood, and sovereignty. The vision behind the Issue owes its origins to Prof. B.S. Chimni’s path-breaking article titled “The International Law of Jurisdiction: A TWAIL Perspective”. In his work, Prof. Chimni highlights the need to critically (re)view the categories of ‘territory’ and ‘extraterritorial. Prof. B.S. Chimni will provide an Afterword, with general reflections and takeaways from the Special Issue. Keeping with our...11 Jun Liberian Truth and Reconciliation Commission Comes to the United States
For the first time, a truth and reconciliation commission has picked up stakes and moved to a foreign country to take public testimony: The Liberian Truth and Reconciliation Commission began its first extraterritorial session in St. Paul Minnesota this week. The Star Tribune has the full story here. One remarkable aspect of the story is the size of the Liberian expat community in the twin cities, and what it says about how the international becomes local — and vice versa: Minnesota is home to about 30,000 Liberians. It is one...