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Search: extraterritorial sanctions

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 | |

13 Jun

...does not reflect international law despite the assertion that it does], which expressly does not apply to section 404, etc., etc. -- and Moxon and Bolchos had extraterritorial aspects that the majority opinion ignores -- such as the fact that foreign flag vessesls are the equivalent of foreign territory wherever the happen to end up and the fact that a violation of international law can take place elsewhere in some cases but the vessel ends up in a U.S. port). Despite the shocking 9-0 ultimate vote, errors must be addressed...
13.06.13 | |

05 Aug

...belligerents, and thus are subject to domestic criminal charges for their mere participation in the conflict (though APII art. 6(5) encourages amnesty). But such participation is not an international crime. For an unprivileged belligerent to kill a U.S. soldier in combat in Afghanistan falls within U.S. extraterritorial jurisdiction, and presumably constituted a domestic-law crime in 2001-02, so it can be tried in a regular U.S. court. Neither can be said, so far as I can see, for otherwise-lawful acts of war committed by unprivileged belligerents against our "co-belligerents." Howard Gilbert...
05.08.08 | |

04 Oct

...So, you rightly ask, what work is the LOAC doing? Why not just apply IHRL directly to the specific factual circumstances surrounding each deprivation of life? Here are a few thoughts: First, the LOAC may apply where IHRL does not. As you know, there is a move to apply IHRL to all extraterritorial killings by state agents, but if that move fails then the LOAC may be the only applicable law in many cases. Second, where both apply, the LOAC provides a floor of protection, a minimal content to “arbitrary”...
04.10.16 | |

22 Aug

...by non-state actors BEFORE the organization, intensity and duration criteria are met. That, to me, seems to be most dynamic area of IHL going forward (and the largest issue surrounding the Tallinn Manual). U.S. policy statements endorse the view that IHL governs acts of national self-defense against extraterritorial non-state actors who pose an "imminent" and "continuing" threat. Others claim human rights law governs even though the U.S. claims it doesn't apply extraterritorially. How that difference of opinion is ultimately resolved has tremendous practical consequences for states and non-state actors alike....
22.08.14 | |

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 | |

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 | |

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 | |

04 May

...armed attacks by non-state actors not amounting to armed conflict -- to be governed by human rights law, particularly extraterritorially. In such cases, states may observe IHL as a matter of policy or by analogy but had no requirement to do so as a matter of law. This, I think, is Jordan Paust's position, and somewhat reflects the U.S. position (depending, perhaps, upon the administration). While I respect Kevin immensely, he frequently argues, without citation, that no European country views the law this way. Absent a thorough study, I can't...
04.05.11 | |

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 | |

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 | |