Search: extraterritorial sanctions

...aggression by Germany and Japan. Israel’s obligations in the law of occupation and international human rights law (applicable extraterritorially), which govern how it exercises its military authority in the Gaza Strip and the West Bank, oblige it to secure public order and protect human rights. However, even if these obligations, especially those in occupation law (specifically, Article 43 of the Hague Regulations, part of occupation law) can be understood as a general matter to encompass an obligation to use force in occupied territory to neutralize threats emanating from there to...

...and other forms of sexual violence, and forced abortion.” Rather than coddling him, taking a tougher stance with Kim Jong Un, which could include a new sanctions regime, might help advance both First Generation rights (in terms of demanding greater respect for civil/political liberties) as well as Third Generation rights (the collective right to peace via nuclear disarmament). This would be to the advantage of the Biden administration because, per the McCain Institute, “how a regime treats its own people is often indicative of how it will behave in foreign...

This week on Opinio Juris, Kevin accused the ICC of fiddling while Libya burns, and relayed news in the Libyan press that Al-Senussi’s and Gaddafi’s trial will start mid-April. He also analysed whether Luis Moreno-Ocampo’s possible representation of LRA victims at the ICC would amount to a conflict of interest. Roger followed up on his earlier post about using trade remedies to enforce arbitration awards to argue that these remedies are WTO compliant. Kristen discussed sanctions against Russia and Julian asked whether the US’ spying on Huawei violates international law....

Russia is considering offering Western companies oil licenses in its Arctic waters. Reuters has an exclusive that the European Union is ready to ban imports of Iranian gas as a part of new sanctions in order to increase the pressure over the nuclear program in the Islamic Republic. A UN representative has told the Security Council there is little time to deal with rebels in the north of Mali and international assistance is needed. The European Union and several banks will stage a DDoS cyber-attack exercise in order to find...

...and sanctions regimes — in relation to going further than them to actual armed intervention or not.) C. Recognition of belligerency in a civil war Perhaps the most interesting legal view on how one might undertake humanitarian intervention in Libya was that offered by international law professor Jordan Paust. He suggested that there might be a recognition of belligerency in a civil war, and that the US and others could recognize the belligerency as a legal matter and then side with the rebels as the legitimate legal government of Libya....

The U.S. Trade Representative’s Office has released some further details on its agreement with Congress to incorporate international labor standards into future U.S. free-trade agreements. Here are a couple important new institutional innovations. (1) Violations of international and local labor standards will apparently be subject to the same international dispute resolution mechanisms as the rest of the trade agreement. This is big: Panels will for the first time be empowered to determine violations of international labor standards and countries will be authorized to impose trade sanctions to punish violations. (2)...

...an unnamed senior leader in the context of arrest warrants being requested for Israeli leaders that “this court is built for Africa and for thugs like Putin.” Of course, the fact that the ICC ultimately did proceed to issue arrest warrants for Benjamin Netanyahu and Yoav Gallant demonstrates that occasionally the wheels of justice move forward even in the face of resistance from key players in the West. Doing so, however, can come with a heavy price for those involved (see here, here and here regarding US sanctions on ICC...

...veto on Syria. This prevented the referral of Syria to the ICC in May 2014 as well as the adoption of numerous resolutions calling for cease fires and delivery of humanitarian aid. On Myanmar, China’s threatened veto blocked not only a referral of Myanmar to the ICC, but even Security Council debate over an arms embargo and sanctions following the upsurge of the ethnic cleansing campaign there in August 2017. For Myanmar this has left the ICC, intended to be the centerpiece of a “system” of international justice, restricted to...

...the First, Second, Third and Fourth Oxford Statements to clarify rules of international law applicable in the use of information and communications technologies; Noting that ransomware (i.e. malware designed to encrypt data and render it unavailable unless a demand is met) is a global threat, having been employed at an escalating pace by a growing number of malicious actors, including states and non-state groups for financial or political purposes, often connected to criminal and other unlawful activities such as terrorism, human and drug trafficking, money laundering, sanctions evasion, and the...

...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...

...vague. As we previously noted in HLP I, limiting the definition of the term “training” to the “imparting of skills” does not cure unconstitutional vagueness because, so defined, the term “training” could still be read to encompass speech and advocacy protected by the First Amendment. For the foregoing reasons, we reject the government’s challenge and agree with the district court that the term “training” remains impermissibly vague because it “implicates, and potentially chills, Plaintiffs’ protected expressive activities and imposes criminal sanctions of up to fifteen years imprisonment without sufficiently defining...

...ultimately complement the existing legal order, and is therefore “unlikely to undo the rules, norms, and structures that exist today.” Yet China’s greater legal role arguably now enables rather than constrains incentives to carve out zones of non-law in the maritime domain that are insulated against legal sanctions. Increasing geolegal power manifests as pressure on states to accede to China’s will, including its preference to resolve disputes bilaterally rather than through legal institutions. In 2012 the Philippines deployed navel assets to protect the disputed Scarborough Shoal, which provoked Chinese economic...