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Search: extraterritorial sanctions

04 Jun

...the mandate of the Human Rights Council, which raises a whole other set of legitimacy issues) does not have the mandate to report on issues related to the conduct of hostilities that rise to the level of armed conflict under the laws of war. The implied, underlying US position actually consists of at least two things: one, that the human rights law to which the special rapporteur’s mandate extends, the ICCPR, does not extend extraterritorially at least as far as the US is concerned and, two, that these human rights...
04.06.09 | |

13 Apr

...doesn't end up in the dock, and even if the Vatican doesn't cancel the visit, I am optimistic that we shall raise public consciousness to the point where the British government will find it very awkward indeed to go ahead with the Pope's visit, let alone pay for it. Richard" David Note that Pope Gregory XIII claimed extraterritorial jurisdiction over England in declaring Queen Elizabeth I to be a usurper and sending various armies and assassins to kill her. Turnabout? Nick Donovan I think this is a media story, nothing...
13.04.10 | |

05 Jan

...it seems to me, is prevent the plaintiffs from trying to enforce the judgment in the U.S. -- and to hold them in contempt if they do. Am I missing something? Ted Folkman Kevin, If I hear you right, the issue is the extraterritorial nature of the order. It seems to me that it's well established that because "equity operates in personam", as the hoary maxim goes, a court with personal jurisdiction over the defendant can make orders that require the defendant to act in other jurisdictions. Just to take...
05.01.12 | |

13 Mar

...this has nothing to do with civil law and common law - if you do not charge your English cousins to have become civil lawyers. Certainly, I also regard Afghanistan/Pakistan as an armed conflict, albeit of a non-international character. Consequently, they are a matter of criminal law, including its extraterritorial application, subject to the strictures of common article 3 of the Geneva Conventions and the customary law of Article 75 Additional Protocol I. Other terrorist acts have been simply that - heinous and cowardly crimes, some of them of an...
13.03.09 | |

17 Oct

Bo Rutledge Further to Roger's excellent post, readers should recall that the SG has filed on these sorts of issues before. When the South Africa cases first went up on cert, the SG took the unusual step of filing an unsolicited amicus brief in support of cert [Disclosure - I represented and continue to represent an amicus in that case]. The guts of that brief argued that the ATS did not authorize extraterritorial assertions of jurisdiction on the basis of aid/abet liability. I have always admired the principled nature in...
17.10.11 | |

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 | |

27 Mar

...origins of U.S. thought on the applicability of human rights in armed conflict. Apart from the historical U.S. view, my suspicion is that a true empirical (both qualitative and quantitative) analysis of state practice in armed conflict would yield scant data supporting the extraterritorial applicability of most human rights law (meaning other than crimes against humanity) or its broad applicability in even internal armed conflict. If that is historically true or at least debatable, then in my humble opinion the burden is not on the Obama administration to demonstrate the...
27.03.10 | |

09 Jul

...defendant, which in the context of the original ATS is clearly a matter of domestic common law. Instead, it is an utter lack of fidelity to first legal principles in the extraterritorial application of the ATS and the related domestic common law implementing it to foreign defendants. I had begun an article on the topic long ago but have so many other "duties as assigned" that it sits idly in a "maybe-sometime-in-the-future" draft article folder. Bemused Rob: For those of us who are non-US readers, it would be helpful to...
09.07.11 | |

14 Dec

...documents within the United States) and therefore that part is easy. But it is also well-recognized that in limited circumstances countries can prosecute foreigners for conduct that occurs abroad (such as foreign drug cartels, foreign anti-competitive monopolies, international terrorists, etc.). The International Bar Association (on page 142 of this report) has summarized the current state of international law on this subject: "[A]lmost all states exercise ‘pure’ extraterritorial criminal jurisdiction on one or more of four principal bases: the active personality principle, the passive personality principle, the protective principle and the...
14.12.10 | |

14 Apr

...circumstances even though the civilian was not a combatant and therefore was not subject to the laws of war. A pirate is captured. He is a civilian (or at least not recognized as a soldier) and is subject to military trial under international law though not necessarily the laws of war. A civilian provides material support to a terrorist organization. In the statute, the US asserts extraterritorial jurisdiction over this crime and will try the criminal if he subsequently comes within the jurisdiction of a US court. If he remains...
14.04.07 | |

18 Oct

...to their disadvantage. Such is the nature of asymmetric warfare. Defining away such conflict away based on rigid adherence to formal organizational criteria will not therefore result in the extraterritorial observance of human rights law by major military powers. Rather states will continue to respond to threats in lawless regions such as FATA and the Yemeni hinterland with military means, but will do so unchecked by any law. The real choice is not between CA3 and the ICCPR, but between CA3 and no law. Kevin Jon Heller Moreover, the notion...
18.10.10 | |

12 Aug

...South Ossetia), as well as on the extraterritorial applicability of the CERD. There's also that 2007 interstate application of Georgia against Russia before the Eur Court of Human Rights. More could happen on that front as well. Dragutin Nenezic http://www.kommersant.com/p-13069/South_Ossetia/ (August 10) Vladimir Lukin, Russian Human Rights Ombudsman, has called for the creation of an international tribunal on South Ossetia, RIA Novosti reports. Those responsible for the mass murder in the conflict zone have to be put on trial, Lukin said. The number of the dead in South Ossetia reaches...
12.08.08 | |