Search: extraterritorial sanctions

...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....

...by his recent and vocal bout of almost paranoid hysteria. He has admonished the ICC as “anti-Semitic” which is both unhinged and non-sensical, as evidenced by a complete lack of evidence backing up this assertion and his own cozying up with anti-Semitic political leaders to undermine the Court. He has encouraged citizens of democracies to pressure their governments to issue sanctions against the Court, “its officials, its prosecutors, everyone.” Along with Israeli President Reuven Rivlin, Netanyahu stooped to the depths of politicizing the anniversary of the liberation of Auschwitz and...

...practice in this area: Public international law (PIL) is not only relevant to governments these days, it is increasingly the concern of multinational corporations and individuals. International law now affects many corporate and financial transactions; companies need to be aware of the impact of such issues as sanctions, export controls, anti-corruption conventions, rules for combating crime and terrorism, and regimes of environmental accountability. PIL also often overlaps with WTO and human rights issues. Investor-state arbitrations are on the rise. Some may argue that this does not constitute pure PIL work,...

...African Constitutional Court in a landmark universal jurisdiction case involving alleged crimes against humanity committed in Zimbabwe in 2007. Tyler Cullis, meanwhile, reviewed to what extent the US would be legally and politically able to ease sanctions against Iran as part of a nuclear deal. In the last guest post of the week, Gabor Rona commented on the recent Serdar Mohammed v Ministry of Defence case on detention in a non-international armed conflict. Finally, Deborah shared her views on the Senate Foreign Relations Committee’s hearings on the AUMF, and as...

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...

...is a growing emphasis on the management of natural resources like oil, timber and diamonds. In Iraq, oil been a key issue in the constitutional debate; in many African countries it has been the source of increasingly sophisticated Security Council sanctions regimes that have resulted in market regulation schemes (which I will discuss in a forthcoming post). This emphasis on regulation is affecting the core content the right to permanent sovereignty over natural resources, which many non-OECD countries have claimed is a jus cogens norm. Third, because economic development helps...

...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...

...the countries that offer near-universal healthcare. Cyprus has denied media reports that it had briefly arrested Iran’s foreign minister for violation of an EU travel ban when he arrived at Nicosia International Airport to meet with the Cypriot President. The US has granted exemptions to China and Singapore from financial sanctions over oil trade with Iran. The EU has signed a free trade agreement with Peru and Colombia. Following difficult negotiations, the eurozone leaders have agreed on a deal to bailout banks and develop a eurozone supervisory regime for banks,...

...crime, there must somewhere be a criminal or else it is merely a series of unfortunate events; if there is a criminal, he or she did not act alone, because these agents acted under instructions from a principal. So this is my concern: If it is politically unrealistic to consider going after Barack Obama and Harold Koh and Leon Panetta and Joe Biden, et al., and that is the reason for not pursuing criminal sanctions that follow upon criminality, well, one has to wonder when it will be politically realistic....

...or slogan or playing an anthem or voicing a slogan, or any similar explicit action clearly expressing such […] sympathy’, to ten year imprisonment. Every person who throws an object, ‘in a manner that […] may harm traffic in a transportation lane’ or ‘at a […] property, with the intent to damage the property’, therefore without necessity for the damage to effectively result from the action, is liable to ten years imprisonment. Moreover, the Order sanctions members of a group in which one or more of its members have committed...

Here is a key excerpt from pages 36-39 of the March 2003 “Torture” Memorandum: Section 2340 defines the act of torture as an: act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control…. The key statutory phrase in the definition of torture is the statement that acts amount to torture if they cause “severe physical or mental pain or suffering.”...

As readers no doubt know, Fatou Bensouda announced yesterday that the OTP is opening a formal investigation into the situation in Palestine. Doing so was a foregone conclusion, given the Pre-Trial Chamber’s recent decision that the ICC has jurisdiction over crimes committed in Gaza, the West Bank, and East Jerusalem. Regardless, even if the bulk of the work will fall to her successor, Karim Khan, Bensouda deserves credit for not being cowed by Israel’s ridiculous allegations of anti-semitism or by the US’s indefensible sanctions against her, which the Biden administration...