Search: extraterritorial sanctions

...criteria for statehood (Montevideo Convention, 1933), which requires (a) permanent population; (b) a defined territory; (c) government; and (d) the capacity to enter into relations with other states. Yet, it has been recognized (ICRC Commentary of 2016) that NIACs can involve extraterritorial aspects, when a foreign State – District 13 – joins one party to the conflict – the rebel groups from the other Districts, rendering the conflict non-international in nature, as long as the State does not exercise effective control of the groups, which is not the case. Having...

[ Pouria Askary is an assistant professor of international law at Allameh Tabataba’i University, and Katayoun Hosseinnejad is a university lecturer of international law in Iran.] As discussed by many scholars and commentators (see e.g. here, here and here) the extraterritorial operation by the US armed forces on 3 January 2020 at Baghdad international airport which led to the assassination of Major General Soleimani, the commander of the Quds Force of Iran, was a flagrant violation of the peremptory norm on prohibition of the use of force enshrined in Article...

...the Russian gander. This is the most frightening aspect of Trump’s madness: although the Syrian military is capable of doing far more damage to American forces than Iraq’s or Libya’s militaries ever were, Russia’s military is one of the most powerful and technologically-sophisticated in the world. A hot war between Russia and the US could be literally catastrophic. None of this jus ad bellum analysis should be remotely controversial — at least not to those who don’t believe the US has the God-given right to use extraterritorial force wherever and...

...especially at the U.N. Human Rights Council. The international community has minimally stepped in to fill the accountability vacuum, for example through attempts at bringing universal and extraterritorial jurisdiction cases; the establishment of the U.N.’s Sri Lanka Accountability Project; and the sanctioning of alleged perpetrators. Accountability measures at the international level should be amplified, particularly because many victims justifiably do not trust the Sri Lankan government to address rights violations. However, for long-term change in Sri Lanka, genuine, victim and people-centered TJ processes are needed in-country. For this to occur,...

...sought to “underscore the distinction between a principle of law, which is a matter of substance, and the means of enforcing it, which is a matter of procedure or remedy.”[7] The Court holds that the issue of corporate liability under the ATS is one of remedy, to be determined by domestic law. The Exxon and Flomo judgments also consider a number of other important issues in ATS jurisprudence, including the dismissal of the defendants’ arguments against the extraterritorial application of the ATS, and, in Exxon, the identification of the correct...

...attacks. The US will move cautiously to ease some of its economic sanctions on Myanmar. The CIA reports that Iran has expanded its nuclear work in 2011. No venue has been decided yet for the Iran nuclear talks due to start on April 13, with Iran now suggesting that the talks could take place in Beijing, Beirut, Baghdad or even Damascus. Violence has erupted in Athens, after a pensioner committed suicide near the Parliament. The WTO Appellate Body held that the US ban on clove cigarettes is discriminatory because menthol...

...The Fourth Geneva Convention of 1949 reads: Art. 146. The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article… Art.147. Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious...

...armed conflict with Al Qaeda and associated forces. Rather, he explained, the ICRC characterizes the situation as a “multifaceted fight against terrorism,” a fight whose methods range from financial sanctions, on one end of the spectrum, to the use of armed force, at the other. While there may be localized armed conflicts in places where military force is used, Kellenberger warned against the overly promiscuous application of international humanitarian law (IHL). He noted pointedly that IHL rules are less protective than the rules that would otherwise apply (which, I should...

...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...

...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...

...document the suffering of Palestinians as well as Israel’s breaches of international law. They do so at great personal risk, with special note to Albanese who is routinely threatened in the most vile ways by allies of Israel (including the US State Department which either recklessly or deliberately smeared her this past week). Their recommendations bear repeating here: An arms embargo and economic sanctions levelled against Israel; Support for South Africa’s resort to the UNSC under art 94(2) of the UN Charter; Lobbying Karim Khan to pursue arrest warrants for...

...group of experts appointed by the security council, said it had “found substantial evidence attesting to support from Rwandan officials to armed groups operating in the eastern DRC”, including shipping weapons and money to M23 in breach of a UN arms embargo and other sanctions. “Since the earliest stages of its inception, the group documented a systematic pattern of military and political support provided to the M23 rebellion by Rwandan authorities,” it said. The report said the Rwandan government gave “direct assistance in the creation of M23 through the transport...