Search: extraterritorial sanctions

...of parties to conflict committing grave violations against children; The establishment of a monitoring and reporting mechanism on the so called six grave violations against children (Recruitment and use of children, rape and other forms of sexual violence, killing and maiming, abductions, attacks on schools and hospitals, denial of humanitarian assistance); The creation of the Security Council Working Group on Children and Armed Conflict; The endorsement of action plans, UN contracts with parties to conflict to halt and prevent violations and The adoption or mere threat of sanctions against parties...

...symposium. Our first contributor is Ramesh Thakur, Distinguished Fellow at the Centre for International Governance Innovation, and Professor of Political Science at the University of Waterloo, Canada. Professor Thakur’s article, ‘ Law, Legitimacy and United Nations’, identifies a gap between law and legitimacy in the practice of the United Nations and posits that this is a serious challenge to the authority of the organisation. Thakur detects this ‘ legitimacy deficit ’ with respect to a number of areas. He points to the difficulties with international sanctions regimes, the concerns regarding...

...under customary international law, and many are widely recognised as being subject to universal jurisdiction. There is an obligation upon all states to enact effective penal sanctions in domestic law and an obligation to search for and to try or extradite persons suspected of grave breaches on the basis of universal jurisdiction, regardless of the nationality of the perpetrator.’ (Al-Haq, para 33) The grave breaches of the Geneva Conventions documented in the Goldstone Report are alleged to constitute war crimes and possibly crimes against humanity. The UN General Assembly resolution...

...with the UN Charter framework, I am led to the conclusion that aggression cannot be defined as a crime under international law at this time. But this should not be too troubling. The Security Council continues to have the authority under Article 39 to find that a state has committed an act of aggression. And the Council continues to have the authority to impose sanctions on the offending state. And it should not be forgotten that individuals can be held personally accountable for war crimes, crimes against humanity, and genocide....

...no lack of ability or willingness to prosecute but there has been a conscious inclusive democratic decision to prioritize other forms of accountability than full or conventional criminal sanctions. Overall, my stance is that human rights tribunals need to develop techniques of adjudication that permit a constructive dialogue with domestic political and legal institutions and practices of transitional justice, a dialogue sensitive to context and the considerations that affect the relative legitimacy of transnational tribunals and domestic political and legal actors in addressing questions of justice related to political conflict....

...still requires improvements. In particular, there is a need to clarify the obligation of transnational corporations to respect human rights,  the need to strengthen legal mechanisms to implement the treaty and sanctions in case of non-compliance, among others. One of the elements that has been a source of tension in the negotiation of a legally binding instrument is the recognition of the principle of human rights supremacy in the face of international economic agreements (IEAs). This concern was also raised by a group of civil society organisations recognising the need...

...the isolated state might conduct a nuclear test or a missile launch ahead of a ruling party meeting in May. Police in the Pakistani city of Karachi have arrested an al Qaeda operative who is on the United Nations sanctions list, a police official said on Friday. Indonesia on Friday defended its use of the death penalty for drug traffickers, just days after its representative was jeered at a U.N. narcotics conference, citing a steep rise in demand and consumption in Southeast Asia’s most populous country. Europe Finland’s highest administrative...

...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...

...Cambodia sentenced the top two surviving cadres of the 1970s Khmer Rouge regime to life in jail on Thursday, delivering a semblance of justice for one of the darkest and bloodiest chapters of the twentieth century. Europe Ukrainian government forces are preparing for the final stage of recapturing the city of Donetsk from pro-Russian separatist rebels after making significant gains that have divided rebel forces, a military spokesman has said. Moscow banned imports of most food from the West on Thursday in retaliation against sanctions over Ukraine, a stronger than...

...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,...

...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...

...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...