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Search: extraterritorial sanctions

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 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 | |

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 | |

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 | |

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 | |

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 | |

29 Nov

...folk hero. While some question the legality of his actions, others, both internationally and domestically, have heralded his actions as bringing about exactly the sort of transparency that is needed in American government. Regardless of one's view on the matter, criminal charges would certainly be extremely controversial both at home and abroad. Gautam Is the Espionage Act valid extra-territorially? Or will the exercise of jurisdiction rest upon a principle such as the effects doctrine? Max My understanding is that while § 793 has some extraterritorial application (see the useful CRS...
29.11.10 | |

28 Feb

...that recognize human rights duties of private corporations. See foreign cases in http://ssrn.com/abstract=1548112 And the jurisdictional basis is universal jurisdiction. see. e.g., http://ssrn.com/abstract=1497122 re: older cases under ATCA (ATS) and universal jurisdiction (in a footnote). Of course, even under the Restatement, when there is universal jurisdiction there is no need for contacts with the forum. Id. sec. 404. And the putative use of comity-factors to obviate territorial jurisdiction (in violation of the separation of powers because Congress and the President will have chosen to create an extraterritorial statute and the...
28.02.12 | |

29 Apr

...to be something different. Although perhaps not what Koh's critics have it mind, I would view transnational law as where the lines between the domestic and the international blur. Transnational law seems focused on the actions of domestic, nonstate actors and their attempts to address global challenges. When I think of transnational law, I do not think of international treaties or even customary international law, but rather the acts of domestic actors and domestic courts, exercising universal jurisdiction or applying extraterritorial domestic laws, in an attempt to exert international influence....
29.04.09 | |

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 | |