Search: extraterritorial sanctions
05 Feb Neurotechnology and Cognitive Warfare
...violation of the principle of non-intervention (p. 395). But Roscini acknowledges that this goes against the mainstream position, which would consider this as an extraterritorial enforcement of the hacker states’ power, in terms of violation of the other states’ territorial sovereignty (p. 392). A position which the UK and US, however, do not align with, as they do not consider cyber operations on another state’s territory to constitute violations of international law per se. Further grey areas include ambiguity as to how cyber activities are to be considered under the...
23 Nov The Revival of Criminal Prosecution of Francoism Crimes in Spain: A New Opportunity for Hope?
...the Argentine courts. Both the societal and global response to the pacto del olvido and the lack of criminal proceedings encouraged the implementation of alternative transitional justice measures and the enactment of state and regional legislation advancing the principles of truth, reparations and accountability – among them, two national Memory Acts. The first one, the Historical Memory Act 52/2007 of 2007, made relevant progress by explicitly acknowledging the unjust nature of all convictions, sanctions and violence based on political, ideological, or religious grounds during the Civil War or the Dictatorship,...
09 Jan The Occupied Palestinian Territories and the Responsibility to Protect (Part 2)
...of Genocide; (c) Cease aiding or assisting in the commission of violations of international law, including by reviewing all relationships with Israel, such as trade, aid and assistance and arms transfers, and ending direct and indirect financial support for illegal settlements, including through tax-deductible donations; (d) Conduct investigations under domestic law or universal jurisdiction to hold accountable the perpetrators of crimes under international law, grave human rights violations and abuses in Israel and the Occupied Palestinian Territory, including those identified in the present report, including through criminal prosecutions and sanctions....
05 Dec High Stakes at the 23rd Session of the Assembly of States Parties to the Rome Statute
...large in the psyche of States Parties as they discuss how to chart a savvy political path to protect the integrity of the International Criminal Court in the near future. Fresh memories remain from Trump’s sanctions imposed on then Prosecutor Bensouda and other Court senior officials in 2020 for investigative progress in the Afghan situation. With the return of Trump to the White House, it is not hard to predict his administration will pursue a vicious attack on the International Criminal Court as a whole given the latest progress made...
24 Apr Formal Inequality Under the Taliban and the Limits of the ICC’s Afghanistan Case
...practices, including the erosion of due process guarantees and the normalization of corporal punishment against women and children. The focus here, however, is on Article 9, which unambiguously establishes a stratified system of criminal punishment based on social status. The Regulation governs the imposition of taʿzir — that is, discretionary punishment, as opposed to ḥadd, which entails mandatory sanctions. Article 15 provides that “for every offense for which no fixed ḥadd punishment is prescribed, taʿzir shall be imposed on the offender,” regardless of whether the offender “is free or enslaved,...
28 Nov Profiting from Atrocity: The Emerging Legal Threat to Companies Enabling War Crimes
...from the sales. Such cases highlight a troubling scenario: corporations that manufacture TNT or other bomb components may be aiding grave violations of international law by serving as an essential link that makes commission of crimes possible. What are avenues of potential criminal liability faced by corporations when their products are used to commit war crimes or crimes against humanity? Are there alternative theories of liability, such as for financial crimes, terrorist financing, or sanctions evasion? For a more in-depth examination of corporate liability in war crimes, visit the prior...
06 Sep The Occupation is Illegal. Now What?
...for example, the EU progressively imposed measures against Russia, including asset freezes and visa bans targeted on certain individuals, in addition to diplomatic, sectoral and economic sanctions, and the suspension of Russia from the G8. These organizations can use General Assembly resolutions as a springboard. Individual Action While cooperation is encouraged, states have an individual obligation to bring the breach to an end. As the ICJ mentioned in the Bosnia v. Serbia case, if all states acted individually “the combined efforts of several States, each complying with its obligation to...
23 Mar Symposium on Prosecuting Heads of State for International Crimes: Will X Ever Stand Trial?
...of genocide in Darfur in the early 2000s, he is still in a cell in Khartoum, and there seems to be no path towards his transfer. Existing examples of prosecutions against high-level officials include, as has been a matter of increasingly loud critique over the years, no officials from powerful Western states. Those being prosecuted were the opponents, the weak, the losers. They were never Westerners, never Europeans, Americans or Australians. That is the underlying issue of the current backlash by several powerful states, including U.S. sanctions which have debilitating...
22 Mar Law, Not War: Why Cuba Should Join the International Criminal Court in an Effort to Avert American Aggression
...of any crimes would no longer be subject to American jurisdiction alone. The ICC could intervene and label those responsible for international crimes as suspects with potential international arrest warrants issued against them. This threat, realizable or not, would nevertheless feature in the Trump Administration’s decision-making calculus concerning the use of military force in Cuba and could therefore serve as a potential deterrent. Despite all its bluster concerning the Court, the Trump administration appears to prefer not to contend with extra-territorial jurisdiction on its actions. A case in point is...
01 Dec The 24th Session of the Assembly of States Parties to the Rome Statute: Time to Act
...that can affirm the immunity and privileges of the Court. In particular for European Union States Parties, their leadership to enact a blocking statute against United States sanctions is overdue. Agenda items related to the report by the Court President, the Registrar, a representative from the Office of the Prosecutor, the International Criminal Court Bar Association, and the Board of the Trust Fund for Victims need to be carefully and actively listened to by States Parties. In each of these reports, each relevant organ or part of the Rome Statute...