Search: extraterritorial sanctions

...veto on Syria. This prevented the referral of Syria to the ICC in May 2014 as well as the adoption of numerous resolutions calling for cease fires and delivery of humanitarian aid. On Myanmar, China’s threatened veto blocked not only a referral of Myanmar to the ICC, but even Security Council debate over an arms embargo and sanctions following the upsurge of the ethnic cleansing campaign there in August 2017. For Myanmar this has left the ICC, intended to be the centerpiece of a “system” of international justice, restricted to...

...the First, Second, Third and Fourth Oxford Statements to clarify rules of international law applicable in the use of information and communications technologies; Noting that ransomware (i.e. malware designed to encrypt data and render it unavailable unless a demand is met) is a global threat, having been employed at an escalating pace by a growing number of malicious actors, including states and non-state groups for financial or political purposes, often connected to criminal and other unlawful activities such as terrorism, human and drug trafficking, money laundering, sanctions evasion, and the...

This week on Opinio Juris, Kevin accused the ICC of fiddling while Libya burns, and relayed news in the Libyan press that Al-Senussi’s and Gaddafi’s trial will start mid-April. He also analysed whether Luis Moreno-Ocampo’s possible representation of LRA victims at the ICC would amount to a conflict of interest. Roger followed up on his earlier post about using trade remedies to enforce arbitration awards to argue that these remedies are WTO compliant. Kristen discussed sanctions against Russia and Julian asked whether the US’ spying on Huawei violates international law....

...or prosecute Americans’ and thereafter the US issued an Executive Order targeting senior personnel of the ICC, including the prosecutor herself, Fatou Bensouda, from The Gambia  with serious financial and travel sanctions.  One of the first acts of Mr. Khan upon becoming Prosecutor in 2021 was to “deprioritize” the investigation into American forces crimes and instead focus on the crimes allegedly committed by the Taliban and the Islamic State in Khorasan Province , an act seen in many places as capitulation to US pressure.  Reprising the US playbook, Russia has...

...ultimately complement the existing legal order, and is therefore “unlikely to undo the rules, norms, and structures that exist today.” Yet China’s greater legal role arguably now enables rather than constrains incentives to carve out zones of non-law in the maritime domain that are insulated against legal sanctions. Increasing geolegal power manifests as pressure on states to accede to China’s will, including its preference to resolve disputes bilaterally rather than through legal institutions. In 2012 the Philippines deployed navel assets to protect the disputed Scarborough Shoal, which provoked Chinese economic...

...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...

...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...

...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...

...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...

...the making. As the crowd settled down, Mandela embarked on a militant speech that embraced the battle against apartheid on all fronts. “Our struggle has reached a decisive moment,” Mandela said. “We call on our people to seize this moment so that the process toward democracy is rapid and uninterrupted. We have waited too long for our freedom. We can no longer wait.” Saluting communists and combatants, embracing international sanctions, and vowing to continue the armed struggle against apartheid, Mandela catered to his swelling ranks and flamed the fears of...

...practice in this area: Public international law (PIL) is not only relevant to governments these days, it is increasingly the concern of multinational corporations and individuals. International law now affects many corporate and financial transactions; companies need to be aware of the impact of such issues as sanctions, export controls, anti-corruption conventions, rules for combating crime and terrorism, and regimes of environmental accountability. PIL also often overlaps with WTO and human rights issues. Investor-state arbitrations are on the rise. Some may argue that this does not constitute pure PIL work,...