Search: extraterritorial sanctions
05 Nov Justice Under Pressure: Strategic Litigation of Judicial Independence in Europe
...in which judicial independence has been, or is being, eroded across the EU. Illustrating the Range of Judicial Independence Issues Adjudicated Litigation has commonly responded to frontal attacks on judges’ independence, such as arbitrary dismissals, unfounded disciplinary sanctions, or even the growing criminalization of the judicial role, often as reprisals against judges exercising independence or opposing powerful actors abuse of power. Many cases involving Poland, such as Dolińska-Ficek and Ozimekf v Poland, challenged the arbitrary removal of Polish judges and their replacement by ‘neo judges’ on the judicial council, which...
02 Sep We Need to Talk About Genocide
...reaches 40. This means that many Israelis, if not themselves suspected of criminal acts, are potential sources of information regarding events in Gaza and the West Bank – whether a bomb dropped on a café, or tank and rifle fire directed at Palestinians seeking food or medical assistance. Israelis, understandably, want and like to travel – whether to Australia, Canada, the United Kingdom, Africa, Europe or Latin America. If governments were serious about sanctions and about their international duty to prevent and to punish genocide and to bring an end...06 May Michael Kearney on the Palestinian Declaration
...under customary international law, and many are widely recognised as being subject to universal jurisdiction. There is an obligation upon all states to enact effective penal sanctions in domestic law and an obligation to search for and to try or extradite persons suspected of grave breaches on the basis of universal jurisdiction, regardless of the nationality of the perpetrator.’ (Al-Haq, para 33) The grave breaches of the Geneva Conventions documented in the Goldstone Report are alleged to constitute war crimes and possibly crimes against humanity. The UN General Assembly resolution...01 Mar YJIL Online Symposium: First Response to Michael Glennon
...with the UN Charter framework, I am led to the conclusion that aggression cannot be defined as a crime under international law at this time. But this should not be too troubling. The Security Council continues to have the authority under Article 39 to find that a state has committed an act of aggression. And the Council continues to have the authority to impose sanctions on the offending state. And it should not be forgotten that individuals can be held personally accountable for war crimes, crimes against humanity, and genocide....25 Apr Anchugov and Gladkov is not Enforceable: the Russian Constitutional Court Opines in its First ECtHR Implementation Case
...approach its new powers lightly – the decision is hefty 43 pages and the CC judges tried to point to some form of compromise alluding to potential future sanctions not involving disenfranchisement, thus, arguably, acknowledging the sensitivity of the matter. Anchugov and Gladkov shows that the CC, despite having ruled on the impossibility of executing the ECtHR decision, did so in a rather cautious way. This could be attributed to the novelty of this exercise or the desire of the CC to avoid direct and open confrontation with the ECtHR....
26 Mar Symposium on Prosecuting Heads of State for International Crimes: The Tangled Legal Terrain of the Maduro Cases – Crimes Against Humanity, Drug Trafficking and the Immunity of an Alleged President
...rejecting its claim that the crimes committed in Venezuela resulted from the imposition of U.S. sanctions, as this lacked evidentiary basis (para. 7). If the speculations on a sealed ICC warrant are correct, one may wonder what the prospects are of Maduro being surrendered to The Hague. The U.S. is not a party to the Rome Statute and the Court can only invite non-state parties to collaborate (para. 32) through an arrest warrant referral, but cannot oblige execution (Article 59 of the Rome Statute). It is also safe to suppose...
31 Oct Third Annual Symposium on Pop Culture and International Law: This Sea Belongs to Me, Take Your Boat Elsewhere- Nationalism, Samba and the Law of the Sea
...of Brazilians. He may have considered the US position as an insult to Brazil as a whole, and not a matter that concerned solely the military. He probably did not consider the legal background of the 200nm claim, but he certainly thought Brazil was in the right to insist in its claim. Nogueira later stated that he read newspapers during his breaks at work, and he thought it was outrageous that the US was threatening to impose sanctions and stop buying Brazilian coffee if Brazil upheld its 200nm claim. The...27 Oct Weekly News Wrap: Monday, October 27, 2014
...oversight to be expanded to more than a dozen other U.N. Security Council sanctions regimes to ensure fair process for the individuals and entities targeted. The chief U.N. investigator into human rights cases in North Korea said on Wednesday he has appealed to China to support calls to refer Pyongyang’s actions to The Hague on suspicion of crimes against humanity. The death toll from the Ebola epidemic has risen to 4,922 out of 10,141 recorded infections, with three West African countries accounting for most of the cases through October 23,...21 May Guest Post: Foreign Official Immunity and the Chinese Cyberespionage Indictments
...cyberespionage by its military (based on the argument that such activity is not commercial in nature), then denying conduct-based immunity to Chinese officials for the same acts would reinforce the disjunction between foreign state immunity and foreign official immunity in U.S. courts. At a broader level, the announcement of indictments against named Chinese officials reinforces a trend towards focusing pressure on individuals associated with undesirable state policies, whether through immigration enforcement or targeted sanctions. The full implications of this trend for international law and international relations remain to be seen....08 Dec Transitional Justice and Judicial Activism Symposium: Introduction
...no lack of ability or willingness to prosecute but there has been a conscious inclusive democratic decision to prioritize other forms of accountability than full or conventional criminal sanctions. Overall, my stance is that human rights tribunals need to develop techniques of adjudication that permit a constructive dialogue with domestic political and legal institutions and practices of transitional justice, a dialogue sensitive to context and the considerations that affect the relative legitimacy of transnational tribunals and domestic political and legal actors in addressing questions of justice related to political conflict....