Search: extraterritorial sanctions
08 Dec Collective Efforts Essential for Justice in Syria
...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,...
25 Aug Symposium on Myanmar and International Indifference: Rethinking Accountability – Champions of Justice: Rohingya Women are Leading the Fight for Accountability for International Crimes
...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...
05 Oct Trump vs. International Law: Unilateral Use of Force
...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...05 Dec Why Piracy Is Not Terrorism
Douglas Burgess, Jr., has an editorial in today’s New York Times arguing that piracy should be considered terrorism in order to facilitate its prosecution. It’s an interesting piece, but I have to take issue with the basic premise of his argument: Are pirates a species of terrorist? In short, yes. The same definition of pirates as hostis humani generis could also be applied to international organized terrorism. Both crimes involve bands of brigands that divorce themselves from their nation-states and form extraterritorial enclaves; both aim at civilians; both involve acts...05 Sep The Oxford Guide to Treaties
...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...08 Oct Guest Post: On ‘Humanitarian Intervention’, ‘Lawmaking’ Moments and What the ‘Law Ought to Be’–Counseling Caution Against a New ‘Affirmative Defense to Art. 2 (4)’ After Syria
...objectives are all valid and important. But is questionable whether they can be achieved best through a broadening of the options for military force. International law offers alternative paths to the use of force to achieve rationales, such as accountability, deterrence or sanctioning of jus in bello violations, i.e. preventive diplomacy, lawful countermeasures, international criminal justice, sanctions etc. Broadening the categories of the use of forces has trade-offs. It weakens these options and their underlying regimes (e.g. non-coercive and non-violent response measures under Chapters VI and VIII of the Charter,...25 Nov Weekly News Wrap: November 25, 2013
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...