Search: extraterritorial sanctions
12 Feb Legal Uncertainty Regarding the Applicability of the ECHR in International Armed Conflict in the Active Phase of the Hostilities
...conflict—at least for now. No Responsibility of Russia during the Phase of Active Hostilities The Court found Russia responsible for human rights abuses (Articles 2, 3, 5, 8; Article 1 P1 and Article 2 P4) only in the immediate aftermath of the conflict, but not during the phase of active hostilities. In this regard, the argumentation of the Court and the dissenting opinions reveal that it was not easy for the Court to legally resolve the issue related to the extraterritorial applicability of the ECHR in the active phase of...26 Jul If It’s Thursday, It Must Be London (Mitt Romney Edition)
Mitt Romney is holding a fundraiser this evening in London. (Here’s a nice scene-setter.) Almost quaint how he promises not to criticize Obama while abroad, in the tradition of politics stoppping at the water’s edge (as if physical location still mattered in the context of completely transnationalized media). Three quick thoughts: 1. This kind of extraterritorial campaigning is becoming routine. Lots of US citizens live abroad (estimates of as many as seven million), they can vote come November, and (way more importantly) they have a lot of money. For Romney’s...
09 Dec Symposium on Forensic and Counter-Forensic Approaches to International Law: Genocide in Gaza – Earth Observation, Surveillance, and the Politics of Control
...than what is already available from non-US providers, so for years global platforms like Google Earth displayed only low-resolution imagery of the area. This is a remarkable example of the extraterritorial reach of a US legislation that with a domestic statute could effectively project one state’s security interests into the global infrastructure of witness Earth from above. This exceptional censorship regime hid evidence of expanding settlements, leveled villages, and military deployments, hindering both science and human rights monitoring for decades. The accountability costs were real. Through the Second Intifada and...
11 Feb Nagorno Karabakh – A Stark Reminder of the Council of Europe’s Operational ‘Grey Zones’
...since been seized of this conflict, one of a growing number of instances over the past two decades which have given rise to extraterritorial jurisdiction. The Leading Grand Chamber judgments of Chiragov and Others v. Armenia (no. 13216/05) and Sargsyan v. Azerbaijan (no. 40167/06) from 2015 which concern the 1992 Nagorno-Karabakh conflict remain under enhanced supervision by the Committee of Ministers, classified as a “Complex Problem” due to the unresolved political conflict. It was therefore inconceivable that the Interim Measures could have succeeded where the Grand Chamber and the Committee...20 Nov Brief Book Review of Three Books on International Law, Armed Conflict and Counterterrorism
Over at Lawfare, I have posted a brief review of three books on international law, war, and counterterrorism, with a particular focus on the changing shape of counterterrorism through drone warfare and targeted killing. These are all excellent books and I commend them to the scholarly community. Noam Lubell, Extraterritorial Use of Force Against Non-State Actors (Oxford 2010) Kimberley N. Trapp, State Responsibility for International Terrorism (Oxford 2011) Hew Strachan and Sibylle Scheipers, The Changing Character of War (Oxford 2011)...
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....