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Search: extraterritorial sanctions

13 Mar

...states, and between a state, or the citizens thereof, and foreign states, citizens or subjects." Const. Art. III § 2. Nom Err, Ben. I understand you speak in jest, but citizenship is an idependent basis for extraterritorial jurisdiction, so your citizenship makes clear you can be reached by US law even when overseas. The question is whether it applies to non-citizens when they are not within US territory. See US v. Verdugo-Urquidez, 494 U.S. 259 (1990)(Fourth Amendment does not apply to US agents breaking into a Mexican's home in Mexico)....
13.03.08 | |

17 Mar

...yet consider the rise of universal jurisdiction over recent years all over the world, which includes African countries such as Senegal exercising universal jurisdiciton over Hissene Habre, former dictator of Chad (There is video footage of a mission of the International Federation for HUman Rights to Chad on FIDH's website, but I cannot post the link..) It also includes the US adopting relevant legislation (see Opinio Juris posts), Canada, Chile and numerous European countries (see REDRESS/ FIDH, Fostering a European Approach to Extraterritorial Jurisdiction, 2004, Fostering a European Approach to...
17.03.08 | |

19 Oct

...have died in Iraq. We are witnessing a yearning for the domestication of war.'Here we agree! It’s a bad trend. Let’s all together try to establish a just, stable, impartial and efficient international criminal justice system, so that individual states don’t have to create their own extraterritorial prosecution rules. Wait a minute, maybe we just agree on what’s the statu quo, not on how to solve its deficiencies.'For its part, it appears that United States refused to cooperate in the Spanish investigation. Had it done so and been able to...
19.10.05 | |

12 Apr

...cloud' of the fighters. How do we know which cloud reigns supreme? I doubt the notion of IHL being the lex specialis would apply here. A clash of clouds and proportionality doctrines indeed. RJ1983 There equally seems to be a problem in the assumption that IHRL is applicable to the operations of a State on foreign territory. The substantive HR obligations are limited to territory and jurisdiction, and the HR bodies and courts have been very reluctant to accept extraterritorial application of human rights. Sure, HR has an impact on...
12.04.13 | |

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 | |

04 Jun

...from genocide and crimes against humanity, they do not believe that all gaps in the express protections of international humanitarian law are filled by international human rights law -- particularly in extraterritorial aspects of armed conflict. The reason for the latter view -- in full disclosure one that I share -- is that modern international humanitarian law consists of conventional and customary constraints on what might otherwise be considered a proper measure to defeat an enemy. In other words, it generally requires that the measures employed in armed conflict be...
04.06.10 | |

23 Jan

...obligations under the United Nations Charter, the International Covenant on Civil and Political Rights, and the Convention Against Torture. The article also provides an Appendix that sets forth a Torture Timeline 2001 – 2007 and addresses standards for criminal complicity that would be applicable concerning criminal or civil sanctions against members of the prior Administration who are clearly reasonably accused. [forthcoming, 18 Barry L. Rev. (2013)] The Bush-Cheney Legacy: Serial Torture and Forced Disappearance in Manifest Violation of Global Human Rights Law – Jordan J. Paust Introduction I. Rejection of...
23.01.12 | |

20 Apr

...section 1605A has an extraterritorial scope; it is not limited to claims related to acts of terrorism within the United States. Even before the terrorism exception was first adopted in 1996, a US federal court had interpreted a different section of FSIA (section 1605(a)(5)) to find that Chile was not entitled to immunity in connection with a political assassination – an act of terrorism – on US territory (Letelier v. Republic of Chile, 488 F. Supp. 665 (D.D.C. 1980)). The key difference between the existing regime and the proposed amendment...
20.04.16 | |

13 Jun

Francisco F. Martin I haven't read the Boumediene decision or the Halliday and White article (and, therefore, do not know if they mentioned any admiralty cases), but aliens captured extraterritorially (whether on the high seas or in foreign territory) were and are entitled to habeas relief by federal courts sitting in admiralty by virtue of the savings to suitors clause of the 28 U.S.C. sec. 1333 (first enacted in the Judiciary Act of 1789). I do know that some of the Gitmo detainees were transported by ship and/or captured by...
13.06.08 | |

05 Dec

...three part functional test for the extraterritorial availability of the Great Writ: "at least three factors are relevant in determining the reach of the Suspension Clause: (1) the citizenship and status of the detainee and the adequacy of the process through which that status determination was made; (2) the nature of the sites where apprehension and then detention took place; and (3) the practical obstacles inherent in resolving the prisoner’s entitlement to the writ." The Court has not emphasized citizenship too heavily in its decisions regading the general availability of...
05.12.12 | |

30 Mar

...offences’ are defined as inter alia extraterritorial offences “which [constitute] an offence under the law of another state [presumably the territorial state] and which would have constituted [terrorism] … had that activity taken place in the Republic”. To my mind, at least, that conditions SA’s UJ in Okah to offences that were also offences under the law of Nigeria (loosely ‘double criminality’). There is another contender for UJ however (section 15(2)), which states in relevant part that any act [NOTE: not ‘specified offence’] committed outside the Republic shall, regardless of...
30.03.14 | |

05 Nov

...to situations affected or potentially affected by the ICJ decision. It is further worth observing that the Constitutional Court while reaching the conclusion that article 2 and 24 of the Constitution prevail over the rule of international law granting sovereign States immunity for acta jure imperii, made it clear that its reasoning was referred to war crimes and crimes committed on Italian soil (Paras 4.1 and 5 of the decision). This said, what relevance can we expect the decision of the Italian Constitutional Court will have for extraterritorial claims? What...
05.11.14 | |