Search: extraterritorial sanctions
04 Mar The OTP Should Have Appealed the Palestine Decision
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...18 Feb A Bigger Transitional Justice Role Recommended for the AU
...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...27 Sep Levina and Vaid Guest Post On The Recent HRW Torture In Afghanistan Report: What Does It Mean For The ICC?
...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...07 Aug New Rule: Let’s Not Invade the Amazon
...sanctions or even use of force if it refused to protect the rainforest might be feasible”. While he does not personally recommend this approach, he does conclude that the chances of this happening are “increasing”. The article has generated a lot of conversation within the Latin American international law community, and especially, of course, in Brazil. The ensuing discussion raised concerns not just on the merits of the article itself (why does the question of expansive criteria for the use of force arise only in cases involving developing nations and...18 Oct Weekday News Wrap: Thursday, October 18, 2012
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...03 Feb Weekly News Wrap: Monday, February 3, 2014
...and anti-corruption blogger Alexei Navalny, who is restricted from travelling outside Moscow, has requested permission to visit Sochi. France will have “significant commercial opportunities” in Iran if sanctions are lifted, but Tehran first has to prove its good faith in abiding by nuclear undertakings, Finance Minister Pierre Moscovici said. Oceania Australia has approved a plan to dump millions of tons of sediment near the Great Barrier Reef as part of a major coal port expansion – a decision that environmentalists say will endanger one of the world’s most fragile eco-systems....18 May Witness Tampering and Obstruction of Justice in International Arbitration
...respect to the subject matter thereof,… as if the subject matter of the arbitration were pending before a superior court of this state in a civil action…. (b) The arbitrator or arbitrators themselves shall have power, in addition to the power of determining the merits of the arbitration, to enforce the rights, remedies, procedures, duties, liabilities, and obligations of discovery by the imposition of the same terms, conditions, consequences, liabilities, sanctions, and penalties as can be or may be imposed in like circumstances in a civil action by a superior...
03 Dec UNSC Veto Power Symposium: Mass Atrocities and the Security Council–The Limits of the Law
...Fourth Geneva Convention is generally understood to encompass a duty to search for persons on States’ own territory accused of having committed, or ordered the commission of, grave breaches, and to prosecute or extradite such persons. The Article’s reference to the ‘suppression’ of other violations of the Convention is understood to refer to the need to institute appropriate rules of engagement, administrative and disciplinary measures, and possibly criminal sanctions, in respect of one’s own armed forces. Arguably it also covers the enactment of domestic criminal legislation based on the territorial,...20 Jun Accountability for Flight MH17: A Long and Winding Road …
...an option given Russia’s role and veto power. (For the background legal context leading up to the Lockerbie trial, see here; and for an analysis of the verdict, see here.) The International Court of Justice was also approached by Libya and ruled that it had jurisdiction to proceed with the case – before the proceedings were terminated by the agreement of all parties. And of course, it is worth also remembering the role of economic sanctions in bringing pressure to bear. What the Lockerbie trial indicates is that there were...