Search: extraterritorial sanctions

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...

...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 Palestinian President Mahmoud Abbas’s efforts to obtain full membership at the UN) is “pure diplomatic terrorism” peaceful Boycott, Divestment, Sanctions (BDS) efforts are economic terrorism; legal work and engagement with international mechanisms is legal terrorism; and those who do such work are “Terrorists in Suits.” Perhaps, for Israel, even writing this article or any similar intellectual exercise is intellectual terrorism. Moreover, for Israel, any criticism of its human rights violations is antisemitism. Even calling Israel’s regime by its name and the accurate legal characterization, i.e., “apartheid,” is antisemitic. Likewise,...

...was raised. The Foreign Minster of Saudi Arabia and one of the Princes did mention, however, that tougher sanctions against Iran could be implemented without UN’s approval, demonstrating by the same token a degree of awareness of international law and legal procedure. Furthermore, there is some more interesting preliminary quantitative evidence on the importance of law in the discourse of officials. Cable analysis prepared by Guardian shows that as a subject matter in correspondence between officials the word “law” is mentioned in 2,473 documents and occupies 92nd place, in contrast...

[Sara Elizabeth Dill  is Partner at Anethum Global (London, England), a Certified Global Sanctions and Financial Crimes Specialist, and Officer with the International Bar Association’s War Crimes Committee.] “… we saw a mosque whose dome had been split in half when its minaret had come crashing down. … seeing the destruction in person profoundly shocked me. For as long as I could remember, my life had revolved around the mosque. Sadness, anger, and indignation swirled within me.” ( Dean, 2018 ) Scholars theorise that when materials play a significant role in...

...regarded as having a functional character. States try to protect social bonds of attachment against mere formal nationality imposed by the technicalities of law. This functional inquisition is evident in diverse fora. For example in the case of UN sanctions, such as those against Serbia and Iran, the relevant Security Council Resolutions considered the nationality of the vessel based on ownership or contract terms, regardless of the flag under which the ship may sail. (see UN SC Res 787 (1992) and UN SC Res 1929 (2010)). Essentially then, Article 91(1)...

...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...

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....

...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...

...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...

...an unnamed senior leader in the context of arrest warrants being requested for Israeli leaders that “this court is built for Africa and for thugs like Putin.” Of course, the fact that the ICC ultimately did proceed to issue arrest warrants for Benjamin Netanyahu and Yoav Gallant demonstrates that occasionally the wheels of justice move forward even in the face of resistance from key players in the West. Doing so, however, can come with a heavy price for those involved (see here, here and here regarding US sanctions on ICC...

The U.S. Trade Representative’s Office has released some further details on its agreement with Congress to incorporate international labor standards into future U.S. free-trade agreements. Here are a couple important new institutional innovations. (1) Violations of international and local labor standards will apparently be subject to the same international dispute resolution mechanisms as the rest of the trade agreement. This is big: Panels will for the first time be empowered to determine violations of international labor standards and countries will be authorized to impose trade sanctions to punish violations. (2)...