The International Enforcement Law Reporter

The International Enforcement Law Reporter is a monthly print and online journal covering news and trends in international enforcement law.

Since September 1985, the International Enforcement Law Reporter has analyzed the premier developments in both the substantive and procedural aspects of international enforcement law. Read by practitioners, academics, and politicians, the IELR is a valuable guide to the difficult and dynamic field of international law.

Review: R. Evan Ellis, Transnational Organized Crime in Latin America and the Caribbean: From Evolving Threats and Responses to Integrated, Adaptive Solutions (Lexington Books)

Friday, April 20, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
4
Abstract: 

Transnational Organized Crime in Latin America and the Caribbean sets forth an overview and introduction to the topic.  As the author mentions, the challenge of transnational organized crime and associated public insecurity has evolved beyond what can be readily solved by repressive measures or actions against the leadership of criminal groups alone. The solution requires addressing a host of interrelated challenges in a coordinated fashion, going beyond attacking criminal organizations and their leaderships, but also strengthening the economic, social, and governmental institutions of the host societies whose weakness and corruption create an environment in which criminality can spread.

 

The CLOUD Act: Arguments For and Against

Friday, April 20, 2018
Author: 
Zarine Kharazian
Volume: 
34
Issue: 
4
Abstract: 

On February 27, 2018, the United States Supreme Court heard oral arguments in the seminal data privacy case of the term, United States v. Microsoft Corp. At issue in the case is whether the warrant provisions of the Stored Communications Act (SCA) apply extraterritorially, such that they compel Microsoft, an electronic service provider to produce private electronic communications stored on servers in Ireland for the United States government. Microsoft argues that the SCA does not apply to electronic communications stored in overseas data centers; the U.S. government begs to differ.

FBI Puts Rafael Caro-Quintero on Ten Most Wanted Fugitive List as Mexico Re-evaluates Bilateral Enforcement and Other Relations with the U.S.

Friday, April 20, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
4
Abstract: 

On April 22, 2018, the Federal Bureau of Investigation put Rafael Caro-Quintero, a founding member of a Mexican drug cartel charged with kidnapping and murdering a U.S. Drug Enforcement Administration agent in 1985, on its Ten Most Wanted Fugitives list, and offered one of the highest rewards in the program’s history –$20 million – for information leading to his capture.

European Court of Human Rights Puts to Rest the Krombach/Bamberski Saga

Friday, April 13, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
4
Abstract: 

On March 29, 2018, the European Court of Human Rights – Fifth Section (ECtHR or the Court) delivered a decision in the case of Krombach v. France (application no. 67521/14). It declared (unanimously) the application inadmissible. The decision is final. This is the last act in the 36-years-long Krombach/Bamberski story which would lend an excellent script for a good criminal movie. It has had all elements to build a suspense expected from such a movie: young girl, alleged rape, murder (or at least homicide), mysterious circumstances of a death, criminal charges and multiple investigations in two different jurisdictions arising out of the same action, civil litigation, kidnapping across state border, multiple convictions, and international tribunals involved in this case.

U.S. Leads with Additional Sanctions against Russia

Friday, April 13, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
4
Abstract: 

On April 6, 2018, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated seven Russian oligarchs and 12 companies they own or control, 17 senior Russian government officials, and a state-owned Russian weapons trading company and its subsidiary, a Russian bank.

U.S. Court Sentences Bosnian Serb Concealing Participation in Civil War for Immigration Fraud

Friday, April 13, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
4
Abstract: 

On March 28, 2018, a U.S. District Judge Max O. Cogburn of the Western District of North Carolina sentenced Milan Trisic to 18 months in prison for his criminal conviction of obtaining a Permanent Resident Card (I-551), also known as a “green card,” by making materially false claims and statements on his initial application for refugee status.

Justice for Rohingya: ICC Prosecutor Requests Ruling on Jurisdiction to Open Investigation

Friday, April 13, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
4
Abstract: 

On April 9, 2018, the Prosecutor of the International Criminal Court (ICC or the Court), Fatou Bensouda, filed her request with the President of the Pre-Trial Chamber (PTC), Judge Antoine Kesia-Mbe Mindua, seeking  a ruling on a question of jurisdiction: whether the Court may exercise jurisdiction over the alleged deportation of the Rohingya people from Myanmar to Bangladesh.

 

European Court Adopts Restrictive Interpretation of the Right of Access to a Court in Torture Cases

Friday, April 6, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
4
Abstract: 

On March 15, 2018, the European Court of Human Rights – Grand Chamber (Court) delivered a judgment in the case of Nait-Liman v. Switzerland (application no. 51357/07). It held, by a majority (fifteen votes to two), that there had been no violation of Article 6 § 1 (right of access to a court) of the European Convention on Human Rights (ECHR or the Convention). The case concerned the refusal by the Swiss courts to examine Mr Naït-Liman’s civil claim for compensation for the non-pecuniary damage arising from acts of torture allegedly inflicted on him in Tunisia. 

Angola Charges Son of Ex-President with Defrauding US$500 Million from Sovereign Wealth Fund

Friday, April 6, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
4
Abstract: 

On March 27, 2018, the Angola Attorney General’s office accused Jose Filomeno dos Santos (known as Zenú), the son of Angola’s ex-president, of trying to defraud US $500 million from the country’s sovereign wealth fund (Fundo Soberano De Angola or FSDEA).  The Attorney General also charged Valter Filipe, the former governor of the National bank of Angola, with the fraud.

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