Economic Sanctions

• Author: International Law Group
• Pages: 156-158

Page 156

Judith Karpov (Plaintiff), a United States citizen, traveled to Iraq in 2003 in order to act as a "human shield" to prevent the bombing of civilian infrastructure. The Plaintiff claims she went to Iraq as an ordained minister, a professional journalist and as a human shield.

The United States Treasury sent Plaintiff a letter requiring that she provide a detailed written report concerning her trip to Iraq. Plaintiff responded to the letter but failed to provide an itemized list of travel related expenses. Defendant assessed a fi ne of $6,700 against Plaintiff for violating several executive orders and U.S. Treasury Department regulations that governed what interactions U.S. citizens could have with Iraq while economic sanctions were in place.

Plaintiff filed suit in federal court alleging violation of her First and Fifth Amendment rights. The district court dismissed Plaintiff 's complaint. She then appealed to the U.S. Court of Appeals for the Second Circuit, which affirms the district court.

In 1990, Congress passed the Iraqi Sanctions Act. It directed the President to 'continue to impose Page 157 the trade embargo and other economic sanctions with respect to Iraq.' Pub. L. No. 101-513, ß 586C(a), 104 Stat. 1979, 2048 (1990). President Bush issued Executive Orders on the assumption that Iraqi government policies pose an unusual and extraordinary threat to the national security of the United States, and thus imposed economic sanctions be imposed on Iraq. The Secretary of the Treasury promulgated regulations implementing prohibitions on, inter alia, the exportation of services and certain travel to Iraq. See Exec. Order No. 12,722, 55 Fed. Reg. 31,803 (Aug. 2, 1990); Exec. Order No. 12,724, 55 Fed. Reg. 33,089 (Aug. 9, 1990).

The Foreign Assets Control Office (OFAC.) of the U.S. Treasury Department issued the Iraqi Sanctions Regulations (Regulations) on January 18, 1991, to carry out the bans in the President's Executive Orders, and to set up procedures for handling violations.

"On February 19, 2003 [Plaintiff ] arrived in Iraq and remained there until March 9. [Defendant] did not obtain a license that might have authorized her, despite the economic sanctions, to engage in travel-related transactions involving Iraq. While there, Plaintiff acted as a preemptive human shield."

"Although [Plaintiff ] left the country before the U.S. bombing campaign actually began, she was near an oil refinery while in Iraq. [Plaintiff ] also went on...