Search: extraterritorial sanctions

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.”...

...immigration-related agenda (though obviously the right side has a federalism-related one). On the other hand, the Court probably felt warmed up on the issue after the Whiting decision last term, in which it upheld a narrower AZ law relating to e-Verify and employer sanctions. The Court would probably have had to get to this at some point, so why not establish some certainty now. And a majority is probably not on board with the Ninth Circuit’s decision here, which enjoined all key parts of the law. This will be a...

...the awards pile up in the United States, Iran is signaling that its legal system can do the same thing. Now, I would not suggest there’s any moral equivalence in the sorts of suits for which sovereign immunity is being waived by U.S. courts and Alikhani’s complaint (he was detained for 105 days following his arrest in a sting operation involving the purchase of oil-field equipment in Florida for shipment to Libya allegedly in violation of U.S. sanctions). But, as a structural matter, once the United States decides to allow...

For Iranian President Mahmoud Ahmadinejad it’s all about Israel. The cartoons were not an act of freedom, they were a desperate act of hostages. This week Ahmadinejad used the cartoon controversy to blame the United States and Europe for “being hostages of the Zionists.” He then criticized the double-standard of the freedom to insult the prophet while imposing criminal sanctions on those who deny the Holocaust. “I ask everybody in the world not to let a group of Zionists who failed in Palestine … to insult the prophet. Now in...

...of systematic human rights abuses”, including Sudan, subject to UN Security Council sanctions, as well as Azerbaijan, the DRC, Ethiopia, Guatemala, Kazakhstan, Mali, Nigeria, Sri Lanka, Tajikistan and Vietnam, as noted in the UN Special Rapporteur’s position paper. As such it looks the UN CT Travel programme is falling short of the requirements of the UN Human Rights Due Diligence Policy. Specifically, in the context of border security, the consequences of the travellers’ data surveillance supported by the UN CT Travel programme can be serious and wide-ranging, affecting the right...

...and Commonwealth Office. He warned that a UNGA-created non-consensual hybrid tribunal on Syria could backfire against the US, and raised two problems with the polling questions of a recent study of Pakistani attitudes towards drone strikes. Kristen updated us on the new briefs filed in the Haiti Cholera case, and on the launch of a high level sanctions review at the UN, while Chris discussed the many hurdles in the path of the Eurasian Economic Union. As always, Jessica wrapped up the news (1, 2) and we listed events and...

...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...

...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...

...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...

...to come. Afterwards, a panel of counter-terrorism experts will examine the relevance of transitional justice for counter-terrorism. Register here. Panel Discussion: The T.M.C. Asser Instituut is hosting the free event “Secondary Sanctions and the International Legal Order” at 18:00 CET on 5 November 2024 in The Hague, the Netherlands. Register here. The Law of International Society: A Road Not Taken : The Center for Critical Democracy Studies at the American University of Paris is pleased to invite you to a lecture by Martti Koskenniemi (University of Helsinki) on: “The Law...

[Kristina Daugirdas is a Professor of Law at the University of Michigan Law School.] Absent a contractual relationship, individuals who have been harmed by the acts of international organizations rarely have access to institutions to hear their claims. National courts are often unavailable on account of organizations’ immunities. Some organizations have established alternative mechanisms to resolve such claims. The World Bank Inspection Panel is one example; the Ombudsperson for the ISIL and Al-Qaida UN Security Council Sanctions regime is another. Such accountability mechanisms must be deliberately designed, adopted, and implemented....

...food, health, etc.), represents the Council’s most effective system for independent human rights monitoring. In 2010, in the context of major discussions about the future of the Council, the same group of governments proposed the establishment of a Legal Committee to enforce compliance with the Code through sanctions. Other governments, the SRs themselves, and civil society groups have been highly critical of the way the Code has been used so far to stifle the work of the monitors and are strongly opposed to the creation of any compliance mechanism. In...