Search: extraterritorial sanctions
09 Oct National Security Abroad, Constitutional Rights at Home: United States Sanctions Against the ICC and the Ensuing Legal Challenges
[Gayane Khechoomian is a former Visiting Professional at the International Criminal Court in The Hague and an attorney admitted to practice in California and Illinois.] Introduction Last year, President Trump issued Executive Order (EO) 14203, “Imposing Sanctions on the International Criminal Court” (ICC), relaunching a sanctions regime with the stated purpose of protecting Americans and U.S. allies from certain exercises of its jurisdiction. Conversely, what followed was a string of lawsuits in the U.S. district courts alleging that the sanctions infringed on constitutional rights. Relying primarily on the International Emergency...
19 Dec US Sanctions Against the ICC: From Stupor to Action
...sanctions? (iii) are the sanctions proportionate? … Could the ICJ exercise its jurisdiction if seized with the question of the legality of the sanctions against the ICC? This will likely depend on the modalities of its referral. In the context of contentious proceedings, the ICJ must be seized by a State. The ICC does not have the power to refer a case to the ICJ. Since the referral would be directed against the US sanctions, it must be based on a title granting the ICJ jurisdiction to call on the...
27 Aug Targeting Russia and Belarus Through Investment Arbitration: The EU’s 18th Sanctions Package
...including protecting its eastern borders and undermining Russian influence in Europe, and economic imperatives, as the conflict has reshaped energy dependencies, trade relations, and the stability of Europe’s financial and security architecture. The EU first imposed sanctions in 2014 after Russia’s annexation of Crimea, later escalating them significantly following Russia’s full-scale invasion of Ukraine in February 2022. From the EU’s perspective, these sanctions are intended to weaken Russia’s ability to finance the war and pressure Moscow diplomatically and economically. By targeting ISDS claims brought by listed Russian and Belarusian investors,...
30 May Futureproofing Human Rights Symposium: Innovative Accountability Mechanisms for Addressing Human Rights Violations Abroad – A Case Study of the UK
...to address cases similar to his. Despite its potential, the Magnitsky Clause has never been invoked in practice, and there are no recorded cases in which other provisions of Part 5 of POCA have been used to confiscate the property of foreign human rights violators. Targeted Sanctions The UK’s approach to the use of targeted sanctions in human rights accountability is a set of provisions in the UK’s post-EU sanctions framework, established by the Sanctions and Anti-Money Laundering Act 2018 (SAMLA), and the Global Human Rights Sanctions Regulations 2020 (GHRS...
16 Oct When Sanctions Affect IHL: Third States’ Obligations to Ensure Respect for the Geneva Conventions in the Context of U.S. Sanctions against Iranian Airlines
...Republic of Iran, all of which are among the Iranian airlines sanctioned by the U.S., meaning that the entire Iranian civil aviation system is subject to sanctions. Further details on the scope and reach of these measures emerged in an interview with CNBC, in which Secretary Bessent announced that all Iranian airlines would be shut down by September 23 through the threat of secondary sanctions. In the same interview, he further clarified: “[i]f they land, you cannot provide them with fuel, you cannot provide them with landing services, you cannot...
13 May The Hormuz Effect: War, Sanctions and the Convergence of Risks in Energy Arbitration
...Illegality, and Enforcement The challenges identified in the context of force majeure do not arise in isolation. The same underlying events that have prompted Force Majeure declarations have also intensified sanctions constraints, placing questions of performance, legality, and enforcement under simultaneous strain. Where an Iranian state entity is party to a supply agreement, or where payment flows through a designated financial institution, continued performance may expose counterparties to US sanctions risk where the transaction carries sufficient US nexus, notwithstanding the governing law of the contract. When sanctions interact with contractual...
25 Sep A Rash Move: U.S. Sanctions Undermine the Privileges and Immunities of UN Special Rapporteurs
...Secretary of State Marco Rubio announced the imposition of sanctions on Francesca Paola Albanese, UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 (Special Rapporteur), pursuant to Executive Order 14203, “Imposing Sanctions on the International Criminal Court” (ICC). This is in addition to the sanctions on ICC Prosecutor Karim Khan, two rounds of sanctions against eight ICC judges for their involvement in cases linked to Israel, and the unprecedented sanctions against Palestinian NGOs engaged with the ICC. These sanctions affirm the Trump administration’s...
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 a...
16 Dec Gaza, Genocide, and the UN General Assembly (Part 2)
...sanctions as a first step. The UNGA can make recommendations especially when states and IOs have already begun to do so. In the context of atrocity crimes in Gaza, the Norwegian Sovereign Wealth Fund has divested from Israeli companies as a result of the humanitarian crisis, and the European Union has threatened sanctions and tariffs against Israel. Similarly, the UK has considered sanctions against Israel but the current ceasefire deal has stopped the EU and UK from acting. The added value of the Assembly resolution is coordination, solidarity, and an...
03 May Beyond Territoriality: Symposium on Jurisdictional “Hooks” for (Extraterritorial) Human Rights Obligations – Back to the Drawing Board: Debordering Human Rights Law
...the duty-bearers are, how obligations are allocated to those duty-bearers, and how responsibility for violations is assigned. The Current Paradigm In human rights law, a territorial-state-centric paradigm prevails. Human rights obligations are incumbent on the state on whose territory an individual or group find themselves on. This is often captured by the notion ‘territorial jurisdiction’. The default position is that a state has human rights obligations if and when it exercises territorial jurisdiction. Very exceptionally, and almost grudgingly, exceptions to territorial jurisdiction have been accepted. Such extraterritorial jurisdiction has been...