Search: extraterritorial sanctions
20 Nov What Does International Law Have to Say About the Conditions of Life in Gaza Today?
...in Gaza and beyond may have been concluded. National courts may also have the chance to have their say with at least two cases already filed in the United States and the Netherlands. Legal action may result in some individuals being held accountable through prosecution not only by the ICC, but also domestically through use of universal and other forms of extraterritorial jurisdiction. There is also the possibility of individualized sanctions. Legal initiatives may also lead to some restraints on action by some states for instance regarding supplying arms, or...
11 Dec Operationalisation of ‘Duties’ of States and Non-State Actors in the Draft Convention on the Realisation of the Right to Development
...of human rights committees (General Comment No. 14 on the Right to Health; the General Comment No. 5 on the Rights of the Child; Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights 2011). This provision has become more relevant in the context of demand of developing countries to address the issue of ‘the transformation of global governance’ as a new and old dimension of the realisation of the right o development (Chimni and Balakrishnan). In pursuance to Article 13(4), States Parties have...09 Jan Raising Questions on Targeted Killings as First Strikes in IACs
...when commenting Koh’s speech: “[W]hen the US uses a predator drone in Pakistan to kill a terrorist, it thereby commits two distinct acts which can in principle be characterized as wrongful: it violates the sovereignty of Pakistan, and it violates the right to life of the person killed. It is the wrongfulness of the former only that can be precluded by an invocation of self-defense, just like Pakistan’s (or Yemen’s, or whoever’s) consent would preclude it. But, assuming the (extraterritorial) application of human rights treaties to a given situation, I...17 Aug Weekend Roundup: August 10-16, 2013
...the recently released fifth report from the UN Secretary General on R2P and highlighted several interesting topics that are strangely missing, including discussion about Libya, military intervention or the Security Council, extraterritorial obligations of states, the ICC and new technology. Duncan called our attention to a novel agreement between the US and Germany not to spy on one another and asked wondered how it would work in practice. In our Emerging Voices series, Žygimantas Juška spoke about the role of standby counsel based on his experience at the ICTY on...
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,...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,...25 Nov Stewart Mini-Symposium: A Response to Steven Ratner
...the ATS—both involve the “discovery” of a latent legal framework waiting to be employed; Ratner argues that “it is not clear how switching to the ICL model eliminates… the very problem that Kiobel addressed. i.e., the extraterritorial reach of domestic law.” Although I acknowledge not addressing extraterritoriality in depth in my introduction, I do cite evidence from a comparative survey which concluded that 11 of 16 states surveyed have jurisdiction over international crimes perpetrated by their nationals overseas. Ratner also objects that “if we think… diversity of criminal law accomplice...17 May Book Discussion “Outsourcing War and Peace”: Too Much Jurisdiction? – Contractor Liability After Brehm and Ali
...Kandahar Airfield in Afghanistan (a NATO-run installation), assaulted a British national with a knife. Other than his employment contract with DynCorp, Brehm has absolutely zero contacts with the United States. Nevertheless, the government prosecuted Brehm under the Military Extraterritorial Jurisdiction Act (MEJA), which, as Brehm conceded (and as the district court held), clearly encompasses Brehm’s offense. The issue before the Fourth Circuit is whether MEJA might be unconstitutional as applied to Brehm’s offense, since (1) the defendant is a non-citizen; (2) the victim is a non-citizen; (3) neither the defendant...
08 Oct Trump vs. International Law: Using Force After Conflict–Is the Jus ad Bellum Relevant or Just an Afterthought?
...right to use force in self-defense more easily. First, the nature of the potential attacker: Although state practice in the aftermath of international armed conflict suggests no change from the traditional conception of armed attack when two states are involved, consider how the aftermath of an extraterritorial conflict against a non-state group, particularly a terrorist group, might contribute to driving down the threshold for an armed attack. After the state has suffered an armed attack and used force in self-defense against the non-state group already, leading to the armed conflict...26 Oct Sarei v. Rio Tinto: The Ninth Circuit Tackles the Alien Tort Statute (Again)
...indicated, the same Ninth Circuit majority also held in Sarei that the adjudication of transitory torts under the Alien Tort Statute does not violate a statutory presumption against extraterritoriality (slip op. at 19334-39) (or, I might add, international law constraints on the extraterritorial application of U.S. law, since the conduct-regulating norms being applied under the ATS come from international law). In addition, in response to an argument raised by the dissent, the majority found that claims relating to violations of international norms that meet the test of universal acceptance set...