Search: extraterritorial sanctions
24 Mar ICJ and the Alleged Violations of Treaty of Amity: Anything Unexpected in the Judgement on Jurisdiction?
...so-called “sanctions” and restrictive measures targeting, directly or indirectly, Iran (and Iranian companies/nationals). The JCPOA was concluded on 14 July 2015 by China, France, Germany, the Russian Federation, the United Kingdom, the US, the High Representative of the European Union (the E3/EU+3) and Iran with two purposes: to ensure the exclusively peaceful nature of Iran’s nuclear program, on the one hand, and to produce “the comprehensive lifting of all UN Security Council sanctions as well as multilateral and national sanctions related to Iran’s nuclear program”, on the other hand. On...
30 Jun Statement Against US Sanctions on ICC Investigations (Updated)
open to the U.S. But rather than assert this unquestioned right, the President has chosen the alternative route of authorizing asset and visa sanctions on ICC lawyers. Finally, the sanctions are contrary to U.S. national interests. They will not succeed in blocking ICC investigations, which are undertaken by lawyers duty bound to carry out their responsibilities as prosecutors. Worse, the ineffectual sanctions mock our bipartisan commitment to human rights and the rule of law, alienate our allies, and encourage repressive regimes. Bloody and lawless rulers can now be expected, not...
17 Mar Looking for a Solution Under International Law for the Moldova – Transnistria Conflict
...to bypass EU sanctions. However, no sanctions have been issued against Russia itself for its involvement in Transnistria. A possible reason for this is that there have already been a myriad of sanctions against Russia for its actions in Crimea, a situation where Russia had no right to be in that region and has been more aggressive, yet the West’s sanctions against Russia in response to the Crimea situation have not put an end to the dispute in Crimea. Sanctions are no more likely to end the Transnistria conflict. Moreover,...02 Oct Kiobel Roundtable: The Alien Tort Statute, Kiobel, and Extraterritoriality
...ATS cases are extraterritorial in ways that piracy cases would not have been. Nevertheless, and here I depart from the position of the respondents in Kiobel, I do not think the strong presumption against extraterritoriality—which was applied, for example, to the securities fraud statute in Morrison—is a perfect fit here. When the ATS was enacted, it was conceivable that the United States would have been responsible for providing opportunities for redress for certain extraterritorial conduct by U.S. citizens, as illustrated by the Sierra Leone incident noted above. Moreover, when the...
03 Apr COVID-19 Symposium: The Use of Criminal Sanctions in COVID-19 Responses – Exposure and Transmission, Part I
[Nina Sun is the Deputy Director and Global Health and Human Rights & Assistant Clinical Professor at the Dornsife School of Public Health, Drexel University and Livio Zilli is a Senior Legal Adviser & UN Representative at the International Commission of Jurists.] This piece is split into two parts – the first focuses on criminalization of COVID-19 exposure and transmission, and the second on criminal sanctions for the enforcement of public health measures. On 11 March, the World Health Organization (WHO) officially recognized COVID-19 as a pandemic. COVID-19 is a...09 May The End of the Iran Deal and the Future of the Security Council Snapback
...lifted prior sanctions imposed by the Security Council on Iran in the course of blessing the Iran deal (formally known as the Joint Comprehensive Plan of Action or JCPOA). These prior sanctions had been an important piece of the pressure brought to bear against Iran, in addition to separate sanctions imposed unilaterally by the United States and allies. But in lifting the Security Council sanctions, Resolution 2231 contained a “snapback” provision. This provision provides that if “a JCPOA participant State” notifies the Security Council of “an issue that the JCPOA...
19 Apr Symposium on the ‘Legacy’ of the USA Sanctions against International Criminal Court Prosecutor Ms Fatou Bensouda and Mr Phakiso Mochochoko
...legacy of the sanctions against Bensouda and Mochochoko. They explore the intricacies of national, regional and global power while at the same time reflecting on the future of the ICC and the international criminal justice field more broadly. The posts engage with various themes including: the discriminatory nature of the sanctions and what this means for ‘less-powerful’ states and their nationals; the USA’s relationship with the ICC; the potential effect on the ICC’s investigations in Afghanistan and Palestine; and the international criminal justice narratives and metaphors brought to the fore...02 Dec Milanovic on Extraterritorial Application of Human Rights Treaties: Judicial Interpretation and the Future of IHR Regulation
the doctrinal in these debates. The central question Marko seeks to address is the scope of application of specific treaty obligations undertaken by states to observe human rights – and whether and how those obligations are triggered when a state engages in extraterritorial political, law enforcement, military or intelligence operations. Globalization has expanded the availability of extraterritorial acts from beyond the traditional notion of sovereigns acting through territories, colonies or militarily occupied areas, to include myriad cross-border law enforcement and regulatory cooperation arrangements of states of varying sizes and power....24 Jan Does the Presumption against Extraterritoriality Apply to the ATS or the Underlying Federal Common Law Claims?
jurisdictional statute suddenly applied extraterritorially by congressional mandate, would the underlying federal common law claims be cognizable for extraterritorial conduct and injury? If the answer to that question is yes, then does it also follow that the only extraterritorial limitation that Kiobel recognized was with respect to the statute, not the underlying federal common law claims? Reading Kiobel in light of Sosa presents the following possible syllogism: if (1) there is a limited category of federal common law claims actionable for violations of the law of nations; and (2) the...
28 Jul Drop in the Ocean? Rethinking Jurisdiction in Climate Litigation
...99) it can extend extraterritorially. The ECtHR exceptionally recognizes its extraterritorial exercise based on “effective control” over an area (as found in Ukraine v. Russia (re Crimea )) or individuals (as found in Georgia v. Russia (II)). A new form of extraterritorial jurisdiction – “procedural control” – arises when a State exercises procedural influence over individuals, for example through judicial proceedings or international arrest warrants involving the victim (Romeo Castaño v. Belgium, paras 36-43; Markovic and Others v. Italy, paras 54-56). The IACtHR expanded this understanding of extraterritorial jurisdiction, recognizing...