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Search: extraterritorial sanctions

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 | |

20 Feb

...Court in Quirin and Yamashita, among other cases. It also has not been superseded by domestic legislation or conventional IHL, though I wish to do more research and theoretical work on this. By the way Dave...in the follow-on article to this one I have just mentioned (which discusses the propriety of applying this domestic common law to conduct in an extraterritorial armed conflict under both domestic and itnernational law), I cite your military commissions article a fair amount. If you are interested in reviewing the next article before I submit...
20.02.09 | |

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 | |

06 Aug

Francisco F. Martin Although I agree with Prof. Alford that "more defendants will invoke presumptions against extraterritoriality and/or an implied U.S. nexus requirement in future human rights and terrorism litigation" in ATS cases, I don't think that they should be successful for a couple of reasons. First, the ATS in human rights cases should be construed in conformity with the international human rights law that recognizes the extraterritorial application of human rights norms (whether under the strict interpretation of Bankovic v. Belgium or the liberal interpretation of, e.g., Coard v....
06.08.07 | |

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 | |