In association with the International Commission of Jurists

Search: extraterritorial sanctions

03 Apr

[Faraz Shahlaei is an Adjunct Professor/J.S.D. Candidate at Loyola Law School, Los Angeles and one of the authors of this communication] Photo credit: Mufid Majnun Introduction In 2016, two reports of the Independent Person appointed by the World Anti-Doping Agency (WADA) to investigate allegations of State-sponsored doping of Russian athletes during the 2014 Sochi Winter Olympic Games (first report, second report) revealed that Russia had been running for years a sophisticated covert doping program. As a result, the International Olympic Committee (IOC) and WADA imposed sanctions on dozens of athletes...
03.04.21 | |

25 Apr

...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....
25.04.16 | |

25 Apr

...the isolated state might conduct a nuclear test or a missile launch ahead of a ruling party meeting in May. Police in the Pakistani city of Karachi have arrested an al Qaeda operative who is on the United Nations sanctions list, a police official said on Friday. Indonesia on Friday defended its use of the death penalty for drug traffickers, just days after its representative was jeered at a U.N. narcotics conference, citing a steep rise in demand and consumption in Southeast Asia’s most populous country. Europe Finland’s highest administrative...
25.04.16 | |

11 Aug

...Cambodia sentenced the top two surviving cadres of the 1970s Khmer Rouge regime to life in jail on Thursday, delivering a semblance of justice for one of the darkest and bloodiest chapters of the twentieth century. Europe Ukrainian government forces are preparing for the final stage of recapturing the city of Donetsk from pro-Russian separatist rebels after making significant gains that have divided rebel forces, a military spokesman has said. Moscow banned imports of most food from the West on Thursday in retaliation against sanctions over Ukraine, a stronger than...
11.08.14 | |

30 Mar

...Maintain Open Trade on Critical Supplies Douglas Guilfoyle: Teaching Public International Law in the Time of Coronavirus—Migrating Online Matt Pollard, Mathilde Laronche and Viviana Grande: The Courts and Coronavirus (Part 1 and Part 2) Nina Sun and Livio Zilli: The Use of Criminal Sanctions in COVID-19 Responses—(Exposure and Transmission, Part 1, and Enforcement of Public Health Measures, Part 2) Leó n Castellanos-Jankiewicz: US Border Closure Breaches International Refugee Law Priya Pillai: COVID-19 and Migrants–Gaps in the International Legal Architecture? Marcos D. Kotlik and Ezequiel Heffes: COVID-19 in Conflict-Affected Areas–Armed Groups...
30.03.20 | |

22 Mar

...sea. Over the course of the conflict, several issues like  the law of blockades, high seas freedoms and blue humanitarian corridors have cropped up. However, a crucial development which has almost sailed under the radar, has been the United Kingdom and Canada’s decisions to block all Russian-linked ships from their ports. Notably, similar deliberations are also currently ongoing in the European Union and the United States of America. The United Kingdom has given effect to this ban via the Russia (Sanctions) (EU Exit) (Amendment) (No. 4) Regulations 2022, and Canada...
22.03.22 | |

25 May

...(if, in my view, unfortunate) position that ICCPR doesn’t apply extraterritorially (which the report acknowledges), this seems a bit of a tough legal case to make. Beyond the trial situation (to which it seems CA3 would surely apply), as long as we’re choosing between legal regimes the United States officially rejects, why not pick APII, or API by analogy, as the more useful standard? Truly asking here. Finally (for now, I’m still catching up), former State Department Legal Adviser John Bellinger and his former State Department colleague (and soon-to-be Vanderbilt...
25.05.11 | |

13 Apr

...the British Right, and particularly on the more 'conservative' newspapers - and, of course, on the yellow press of whatever persuasion. The Conservatives have even vowed to repeal the Human Rights Act if elected. Not that they seem to have the faintest idea what the Act does, mind you... da23will There's certainly a strong policy argument against extending the extraterritorial application of HR treaties too far if it means that states are going to refrain from arresting pirates on the high seas, for fear that they'll be unable to return...
13.04.08 | |

18 Jun

...read in this context. What context is that? A circumstance in which there may not yet be an armed conflict (admittedly, a circumstance that has receded in Iraq substantially over the past week), and yet the relevant states - both the consenting state and the state using force - deny the applicability/existence of international human rights law. In my hypothetical above, China would deny that law's binding effect. In Iraq, the US carries with it its longstanding view that, e.g., the ICCPR, has no extraterritorial effect on U.S. actions. If...
18.06.14 | |

09 May

...the substance of what is being punished to make an accurate evaluation. I am not sure how helpful it is to level broadside attacks based solely on labels. Additionally, I would encourage you to consider my recent Journal of International Criminal Justice article regarding the municipal, common law basis of some offenses in the MCA...and the next one in that Journal (if accepted, currently pending) regarding the propriety of their application to conduct in an extraterritorial armed conflict - particularly given the legality principle (for those unfamiliar, similar to ex...
09.05.09 | |

17 Nov

...of his choice. While sloppy thinking may be endemic to the debate, one hopes the judge will sort things out. "Terrorists" have no more or fewer rights than bank robbers, but a non-citizen captured and held overseas and then tried for some sort of extraterritorial murder is not entitled to certain procedural rules (with regard to things that happened in foreign countries) that would apply to a resident accused of a murder in the US. One may believe that civilian courts would be more likely than military courts to make...
17.11.09 | |

18 Oct

Jordan The Justices better be careful what they state about the 5th Amend.! Jurisdiction over criminal accused has been extraterritorial and based in customary international law, especially with respect to universal jurisdiction and protective jurisdiciton, e.g., seizure of persons on foreign flag vessels accused of international drug trafficking even where there is no proof that they intended to import into the U.S., Mr. al-Libi, etc. Several lower courts have used international law regarding jurisdicvtion to inform the meaning of what process is "due" under the 5th Amend. -- and the...
18.10.13 | |