Restrictions on U.S. Attorneys Practicing Before International Criminal Tribunals

On May 28, 2003, President Bush issued Executive Order No. 13,304 under the International Emergency Economic Powers Act (IEEPA), thereby “blocking” the property of individuals who, he determined, threatened efforts to bring stability to the Balkans. The blocking order prohibited U.S. citizens from, among other things, “making or receiving... any contribution or provision of funds, goods, or services to or for the benefit of” any of die targeted individuals unless the U.S. citizen received a license from the U.S. government. Included in the list of targeted persons were more than eighty individuals indicted by the International Criminal Tribunal for the Former Yugoslavia (ICTY). EO 13,304's sweeping prohibition on U.S. citizens’ economic relations with die targeted persons consequently appeared to ban U.S. lawyers from representing virtually any defendants being prosecuted at the ICTY—a ban mat would have required the twenty or so U.S. lawyers widi such clients to break off their representation immediately, regardless of die stage that their cases had reached. Indeed, the U.S. Treasury Department office that administers IEEPA blocking orders informed three U.S. attorneys representing a client in a complex, lengthy appeal that, without a license, dieir continued representation of that client constituted a “prohibited exportation of legal services” and thus violated the order and its accompanying regulations

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• The Four Doctrines of Self-Executing Treaties

  Open Access•Carlos Manuel Vázquez•American Journal of International…•1995

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