In association with the International Commission of Jurists

Search: extraterritorial sanctions

08 Jun

...Israel's considers) there is no occupation there is simply no law to apply (reference to general principles of law will not get someone very far, whereas Israel -- along with other States -- does not recognise extraterritorial application of its ICCPR obligations in accordance with that instruments basic text). In any event, the provisions of the Fourth Geneva Convention that Israel does apply are its humanitarian provisions (see Ajuri and Others v. Israel Defence Force Commander, 125 I.L.R. 537, 547, ¶ 13 (Israel H.Ct.J. 2002)). shmuel Ori, "if (as Israel’s...
08.06.14 | |

10 Nov

...(generally more restrictive) HR (and other applicable peacetime norms), not ILOAC standards. Whether such actions may be carried out extraterritorialy, i.e. in the territory of another state, is a question of jus ad bellum, not ILOAC, as Marko likewise rightly noted and the two regimes on the use of armed force should not be conflated. The ILOAC may or may not apply regardless of the jus ad bellum questions. I think that in terms of jus ad bellum, the US president would have a harder task than just coming up...
10.11.08 | |

17 Feb

...read the text in favor of people who will have state power applied against them. (Consider the Geneva Conventions.) Also, there is I believe a strong plain language presumption with treaties, and I don't thinking banning this kind of arrangement would be an absurd result that rebuts this presumption. Obviously such arrangements have not been thought integral/essential to piracy prosecution, as they have never been used since 2006. Finally, an easy way around the rule is the procedure used for the Lockerbie bombing trial: extraterritoriality. Edward Swaine Eugene, thanks for...
17.02.09 | |

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 | |

04 Jan

...And in response to Benjamin G. Davis, who seems to think that somehow US extraterritorial taxation is fair because of the exclusions: frankly, you have no idea what you are talking about. The problem is that most people in the rest of the world pay a lot of VAT/or GST/HST--the United States doesn't have a national sales tax. Most of Europe and Canada does. Furthermore the earned income exclusion doesn't count against investment income--including many registered accounts in Canada (RESP, RDSP, TFSA). Finally, you cannot count taxes paid under the...
04.01.12 | |

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 | |

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 | |

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 | |

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 | |

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 | |

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 | |

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 | |