In association with the International Commission of Jurists

Search: extraterritorial sanctions

04 Dec

...obligations have direct relevance (see discussion Chapter 4.3.6.1) especially in light of the double veto by China and Russia of a resolution that would have condemned the crimes being committed in Myanmar (draft resolution S/2007/14).  Chapter 5.2 additionally discusses how veto threats in the face of alleged genocide, as well as crimes against humanity and war crimes, in Darfur weakened the sanctions regime and weakened and delayed peacekeeping.  The vetoes and veto threats in both these situations appear the exact opposite of adhering to the due diligence obligation to “prevent”...
04.12.20 | |

14 Feb

...however, these doctrines were expressions or applications of the broader concept of self-preservation, which Verdebout admits, was recognized as a fundamental right of states. To Verdebout, this confirms the core claim of the book, which is that pre-1914 international law was not indifferent towards the question of the use of force. For instance, on pages 204-205, Verdebout notes that in all the cases of intervention surveyed in her book, the use of force was “presented as sanctions of law – i.e., as the exercise of the right of self-preservation.” This,...
14.02.23 | |

30 Mar

...the panels left the interpretation of the term “essential security interests” open so as to accommodate various interests of the Members. However, the reliance on Article XXI(b)(iii) GATT would require an occurrence of an extreme form of deterioration of international relations. Certainly, this degree of gravity in international relations will be rarely met. Hence, this interpretation of the security exceptions significantly curtails the policy space for the WTO Members to impose trade-restrictive measures in the form of targeted unilateral sanctions or tit-for-tat measures under the aegis of Article XXI(b)(iii) GATT....
30.03.23 | and |

12 Jul

...the request of President Assad. Although several states criticized this decision, none deemed it unlawful (160). Libya offers a similar example, where the Gaddafi government’s repressive and violent response to Arab Spring protests led the U.N. Security Council to impose sanctions and refer the matter to the International Criminal Court. Like with Syria, numerous states concluded that the Gaddafi government was no longer legitimate and had lost the consent of the Libyan people. And like the SOC in Syria, several governments recognized the National Transitional Council as the true representative...
12.07.21 | |

16 Sep

...convinced. According to Professor Ku, nothing in the “Iran Nuclear Agreement Review Act explicitly (or implicitly) authorize[s] the President to make an agreement with Iran that would go beyond the President’s existing constitutional powers to make sole-executive agreements or nonbinding political commitments.” This claim boldly ignores the Iran Act’s key operative provisions. The Act specifically defines “agreement” to include any accord with Iran “regardless of whether it is legally binding or not.” § 2610e(h)(1). It then authorizes the President to implement sanctions relief unless Congress enacts “a joint resolution stating...
16.09.15 | |

17 Jun

...to, lawful sanctions), whether physical or mental, is intentionally inflicted on that individual for such purposes as obtaining from that individual or a third person information or a confession, punishing that individual for an act that individual or a third person has committed or is suspected of having committed, intimidating or coercing that individual or a third person, or for any reason based on discrimination of any kind; and (2) mental pain or suffering refers to prolonged mental harm caused by or resulting from— (A) the intentional infliction or threatened...
17.06.24 | |

17 Nov

...nukes unless they submit to international treaty regimes. The new U.S. strategy: friends like India get help in peacefully controlling their nukes, enemies like Iran and North Korea get ugly threats of sanctions even if neither India, Iran, nor North Korea are currently part of the international non-proliferation treaty regime. Second, being more of a foreign relations than international relations guy, I’m interested in the fact that the nuclear cooperation deal is being approved in the form of a congressional-executive agreement rather than as a treaty or even as a...
17.11.06 | |

20 Nov

...international organizations, participation in 200 cases at the ICJ and PCIJ, in thousands of cases in human rights courts, in mediation, negotiation, and arbitration over ever possible right or claim relevant to states—and all in terms of international law. And these officials know there are sanctions for violating international law. If you were to ask the proverbial man on the street whether he has human rights or his country has inviolable national borders—most would say yes and know these are legal rights from beyond the state itself. One of the...
20.11.08 | |

05 Sep

The Globe & Mail has a blockbuster report today concerning China’s willingness to supply weapons to Gaddafi’s regime during the rebellion: China offered huge stockpiles of weapons to Colonel Moammar Gadhafi during the final months of his regime, according to papers that describe secret talks about shipments via Algeria and South Africa. Documents obtained by The Globe and Mail show that state-controlled Chinese arms manufacturers were prepared to sell weapons and ammunition worth at least $200-million to the embattled Col. Gadhafi in late July, a violation of United Nations sanctions....
05.09.11 | |

23 May

...by the fact that opposition forces are implicated in the commission of atrocities as well, or that the Security Council needs to decide who (which side) should be prosecuted in advance of referring a situation to the court. What this conflict does indicate however, is the deepening entanglement between international courts and the Council, a theme which runs broadly through the Council’s peace and security work, and through its sanctions practice as well. This entanglement can be addressed in a few ways. The First, is greater clarity and better mechanisms...
23.05.14 | |

08 May

...truth commissions, legislative reparations, and (what will no doubt be the most controversial aspect of the book) collective civil sanctions. Mark knows that I do not agree with everything in the book. That said, Atrocity, Punishment, and International Law is a must-read for all international law scholars and practitioners. International criminal tribunals have reproduced almost virally over the past two decades, from the ICTY to the ICC to the various hybrid courts. It is thus critical to question, as Mark does, whether those institutions are capable of fulfilling their central...
08.05.07 | |

08 Jun

...by the ICC. Ivory Coast’s former President Laurent Gbagbo seeks a delay of his trial at the ICC, claiming he is too ill. ECOWAS has urged the UN Security Council for a Chapter VII resolution authorizing intervention in Mali if talks with rebel groups fail. Jurist has a piece about Charles Taylor, Arms Dealers and Reparations. UN monitors in Syria were shot at while trying to investigate a massacre site, and Kofi Annan has said that an “all-out civil war” is imminent. Australia will lift the remaining sanctions on Myanmar...
08.06.12 | |