Search: extraterritorial sanctions
12 Aug Symposium on Prosecuting Asia-Pacific Crimes: Choosing Justice – Forum selection in Universal Jurisdiction cases
...the political context and other advocacy objectives. Understanding these considerations could explain the deployment of universal jurisdiction within the region. What is the law? Civil society actors deciding where to file universal jurisdiction case must begin by assessing the applicable domestic law. States, through their domestic statutes have adopted different approaches toward prosecuting extraterritorial mass atrocities. In recent years, several states have adopted laws requiring the consent of the Attorney-General or some other government official, the presence of the accused person, and/or some other connection to the state to activate...
12 Aug Symposium on Prosecuting Asia-Pacific Crimes: Crimes Against Humanity Convention and the Obligation to Prevent
...distinct and separate obligation imposed on States. Such an obligation, with respect to genocide, has extraterritorial application as confirmed by the International Court of Justice (ICJ) in The Gambia v. Myanmar, and is mutatis mutandis applicable to CAH. Modelled on the Convention Against Torture (CAT), the Draft Articles impose a binding legal obligation upon States to not commit CAH (Draft Article 3(1)), whether directly or indirectly. In other words, any act or omission by a State could give rise to state responsibility if it contributes to or constitutes CAH. This...03 Feb African Embassy Bombing Case Goes Forward
...addresses concerns such as the sufficiency of the allegations of material support, the jurisdictional requirements of causation, and joint-tort theories. I think the joint-tort theory is particularly significant. It is not necessary to directly commit the terrorist attacks. A claim of aiding and abetting is sufficient. (No mention in the case about the extraterritorial application of state tort laws discussed here). Hunton & Williams was on the case for the Government of Sudan. The law firms of Fay & Perles and Karp Frosh, were on the case for the plaintiffs....
28 Jul The Oslo Accords and the International Criminal Court’s Jurisdiction in the Situation in the State of Palestine
...persons, or the interests of persons in things.” (O’Keefee, p. 735) The second is the jurisdiction to enforce, which regulates the State’s power to “enforce or compel compliance or to punish noncompliance with its laws or regulations.” (Houck, p.1367) The latter is typically territorial, whilst the former can be extraterritorial. (Stahn, p. 450) In relation to the delegation of a State of its jurisdiction to the ICC, it is important to distinguish ‘sovereignty’ from the ‘exercise of ‘sovereign rights’’. Unequivocally, “a State may continue to be sovereign even though important...17 Jun More on Eisenstrager
...of hostile acts” as the intention of each of these individuals “because they are a duty to his sovereign.” Precisely because that is not what the United States is doing here, the Eisenstrager rationale cannot be imported wholesale to resolve the Boumediene dilemma. Whatever the merits or failings of the ascriptive allegiance approach in Eisenstrager, it does not transform the Guantanamo detainees into enemy aliens. And, even if it remains binding precedent, it does not dictate that alien detainees can never seek review of their extraterritorial detention in federal court....
30 Mar COVID-19 Symposium: Returning “Home”–Nationalist International Law in the Time of the Coronavirus
...as if it were a duty owed to nationals abroad, a new form of extraterritorial public service that may even flow from human rights. That surfeit of protection for the select few, of course, coincides in some countries with a further undermining of protections for foreigners, particularly unlawful immigrants. What will be the consequences of these evolutions, especially if they become even more entrenched in months to come? Globalization was always a half-truth or a half-lie depending on one’s perspective, a phenomenon as much symbolizing the freedom of movement for...