Search: extraterritorial sanctions

...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...

...of a British vessel by a French boat, and the firing on the protesting French vessels with a musket by a Jersey Militia re-enactment group member. At the end of the day, French fishing vessels left St. Helier and the tensions eased, but the legal controversy remains. As of 19 October, the French government gave a deadline of two weeks so that more fishing licenses would be granted, under the threat of sanctions towards Jersey and the UK.  This article will primarily deal with the relationship between the use of...

The US and Israel are set to hold a joint missile exercise later this month, displaying their close cooperation in the face of Iran’s nuclear program development. Both Uganda and Rwanda have denied involvement with rebels in the Democratic Republic of the Congo and call recent allegations by the UN “rubbish.” Russia has criticized the European Union for the recent sanctions it placed on Iran and called for a fresh round of talks as soon as possible. In a rare show of unity, Iran and Turkey have expressed support for...

...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,...

...58] Operation Enduring Freedom, which began in Afghanistan shortly after the 9/11 attacks, was a mission to kill and capture “high value” al Qaeda and Taliban members and destroy the safe havens from which al Qaeda planned and directed the 9/11 attacks. The interrogation techniques were approved in the context of an armed conflict with Afghanistan, which the United States government saw as (at least initially) the main front of the so-called “War on Terror.” For instance, the 1 August 2002 “Bybee Memo” legally sanctions “enhanced interrogation techniques” “in the...

...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”...

...Ngudjolo deported from the Netherlands. Interestingly, the website for the 1533 Sanctions Committee still lists Ngudjolo as being subject to a UN travel ban, although this does not seemed to have proven a hindrance. The Ngudjolo case is another instalment in the story of the ICC’s growing pains, and in The Netherlands’ fight to minimise the impact of it hosting the Court. This story will go on as the ICC continues its operations and more judgments are rendered, and it is hoped that in future the odds become a bit...

...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...

...Conclusion President Trump represents an existential threat to the international legal order. In facing such challenges, small States–who lack the economic weight to exert countermeasures and reprisals against potential sanctions, as is the case of Panama– must resort to international law and multilateral diplomacy, particularly when dealing with threats against their own territorial integrity and political independence. In situations such as this, time is of the essence. Photo attribution: “ In the Panama Canal, 1994 ” from Family collection of Infrogmation of New Orleans is licenced under CC BY-SA 4.0...

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...

...landscape of international criminal law in Africa. For example, the Annex suggests the creation of an AU – ICC liason office and AU hybrid courts with jurisdiction over crimes within the Rome Statue and Geneva Conventions. If implemented these recommendations would be a significant step towards a stronger AU. I’ve blogged here about the AU’s increasing use of sanctions, and have watched with interest the growing (but not always harmonious) relationship between the AU’s Peace and Security Council and the UN Security Council, as illustrated by differences of opinion on...