Search: extraterritorial sanctions

...agenda, but did not have the authority to conduct prosecutions. Syrian civil society organizations, including victims’ groups, also played a critical role in gathering and analyzing information to support accountability and advance justice. With their help, European courts prosecuted some of these crimes under the principle of universal jurisdiction or other forms of extraterritorial jurisdiction. This has led to multiple trials that have so far been the only, though limited, justice avenues available to victims and survivors. The broader impact of impunity for crimes in Syria is evident. For example,...

...to international crimes experienced by the Rohingya – this formal complaint puts the assertion to the test. So far, the complete lack of response to Setara’s complaint confirms that justice for the Rohingya is not possible. In other parts of the world, initiatives utilising universal and extraterritorial jurisdiction are also underway, in which Rohingya women and in particular, survivors of sexual violence play a critical role. In November 2021, a court in Argentina decided to open investigations into crimes committed in Myanmar, under the principle of universal jurisdiction. Prior to...

...as originally understood, article 51 did not permit extraterritorial force against non-state actors without the consent of the territorial State. The real question, therefore, is whether state practice, whether as a constituent element of customary international law, or as subsequent practice for the purposes of interpreting the UN Charter, could have modified this original state-centric reading of the Charter. This question is at the heart of a forthcoming book, The Trialogue on the Use of Force against Non-State Actors (Mary Ellen O’Connell, Christian Tams, Dire Tladi). In my view, an...

...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 don’t see how self-defense could be used to preclude the wrongfulness of an act contrary to the individual rights enshrined in such treaties. It is indisputable, for example, that self-defense as a matter of the jus...

...VI. TREATY CLAUSES Initial Decisions on Treaty-Making Distinguishing Political Commitments from Treaties Object and Purpose Participation Conditions for States Participation Conditions for Non-State Actors NGO Involvement Conditions on Joining a Treaty Consent to be Bound Reservations Declarations and Notifications Constituting the Treaty and its Dissemination Languages Annexes Entry into Force The Depositary Applying the Treaty Provisional Application Territorial and Extraterritorial Application Federal States Relationships to Other Treaties Derogations Dispute Settlement Amendments Standard Amendment Procedures Simplified Amendment Procedures The End of Treaty Relations Withdrawal or Denunciation Suspension Duration and Termination Index...

...or prosecute Americans’ and thereafter the US issued an Executive Order targeting senior personnel of the ICC, including the prosecutor herself, Fatou Bensouda, from The Gambia  with serious financial and travel sanctions.  One of the first acts of Mr. Khan upon becoming Prosecutor in 2021 was to “deprioritize” the investigation into American forces crimes and instead focus on the crimes allegedly committed by the Taliban and the Islamic State in Khorasan Province , an act seen in many places as capitulation to US pressure.  Reprising the US playbook, Russia has...

...was raised. The Foreign Minster of Saudi Arabia and one of the Princes did mention, however, that tougher sanctions against Iran could be implemented without UN’s approval, demonstrating by the same token a degree of awareness of international law and legal procedure. Furthermore, there is some more interesting preliminary quantitative evidence on the importance of law in the discourse of officials. Cable analysis prepared by Guardian shows that as a subject matter in correspondence between officials the word “law” is mentioned in 2,473 documents and occupies 92nd place, in contrast...

...Kingdom, defense minister Michael Fallon said on Tuesday, as he defended the killing of a British Islamic State fighter; Prime Minister Cameron told parliament on Monday that he had approved an air strike against a vehicle carrying a British jihadist in Syria who he said was plotting attacks against Britain. The European Commission announced a 500 million euro ($557 million) package of measures on Monday to provide relief for farmers stung by slumping prices, triggered partly by the loss of exports to Russia due to EU sanctions against the country....

...Eighth Amendment jurisprudence to a natural law approach, with all the attendant problems associated therewith. I argue that: “The Court’s references to comparative experiences are best understood as objective signposts in the Court’s search for constitutional limits grounded in natural law…. If Glucksberg defines the objective limitations on substantive due process, Roper defines the objective limitations on cruel and unusual punishment. It prohibits excessive sanctions based on the “objective indicia of [a national] consensus” confirmed by “fundamental rights” affirmed by “other nations.”… The difference of course is that Glucksberg looks...

Your weekly selection of international law and international relations headlines from around the world: Middle East Iran and six world powers clinched a deal to curb the Iranian nuclear program in exchange for initial sanctions relief, signalling the start of a game-changing rapprochement that would reduce the risk of a wider Middle East war, though a “tough road ahead” awaits those working to turn the interim accord into a comprehensive agreement. Duncan weighed in with his thoughts here. Rebels led by al Qaeda-linked fighters have seized Syria’s largest oilfield, cutting...

...of efforts to agree new U.N. sanctions on North Korea after its fifth nuclear test, but Washington is confident tougher steps will be agreed before long, the senior U.S. diplomat for Asia said on Friday. Europe French President Francois Hollande has confirmed plans to close the Calais refugee camp in northern France, while German Chancellor Angela Merkel called for Europe to secure deals with third countries to assist in the return of migrants. More than 15,000 people gathered in Helsinki on Saturday to protest against racism and violence, after the...

[Sara Elizabeth Dill  is Partner at Anethum Global (London, England), a Certified Global Sanctions and Financial Crimes Specialist, and Officer with the International Bar Association’s War Crimes Committee.] “… we saw a mosque whose dome had been split in half when its minaret had come crashing down. … seeing the destruction in person profoundly shocked me. For as long as I could remember, my life had revolved around the mosque. Sadness, anger, and indignation swirled within me.” ( Dean, 2018 ) Scholars theorise that when materials play a significant role in...