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Search: extraterritorial sanctions

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 | |

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 | |

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 | |

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 | |

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 | |

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 | |

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 | |

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 | |

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 | |