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.

Bolivia Held Responsible in Forced Disappearance Case and Ordered to Release Archived Military Documents

Friday, February 3, 2023
Author: 
Savannah Telfer
Volume: 
39
Issue: 
2
Abstract: 

On  January 20th, 2023, the Bolivian government was found responsible for the forced disappearance of Juan Carlos Flores Bedregal and found in violation of human rights laws for withholding information from the victim’s family.[1]  The Inter-American Court of Human Rights (I/A Court H.R.) ordered Bolivia to open military archives containing information on Bedregal’s location and disappearance.[2]  



[1] Inter-American Court of Human Rights, Bolivia is Responsible for the Forced Disappearance of Juan Carlos Flores Bedregal and the Lack of Judicial Guarantees in the Investigation of Events, Press Rel. Jan. 26, 2023.

[2] Id.

 

Council of Europe Acts on Former Foreign Terrorist Fighters Returning to Europe

Friday, February 3, 2023
Author: 
Michael Plachta
Volume: 
39
Issue: 
2
Abstract: 

At its second sitting on January 23, 2023, the Parliamentary Assembly of the Council of Europe (PACE, Assembly) adopted a resolution and recommendation addressing a complicated and multidimensional problem posed by the former Daesh (ISIL) foreign fighters and their families returning to the European countries.

 

Council of Europe Adopts a Resolution on the Legal Accountability of Russia for Aggression Against Ukraine

Friday, February 3, 2023
Author: 
Michael Plachta
Volume: 
39
Issue: 
2
Abstract: 

At its 7th sitting on January 26, 2023, the Parliamentary Assembly of the Council of Europe (PACE) has adopted its Resolution 2482 (2023) entitled Legal and human rights aspects of the Russian Federation’s aggression against Ukraine. The debate and the Resolution is based on the Report prepared and presented by the Committee on Legal Affairs and Human Rights.[1]



* Professor Plachta specializes in criminal law and international criminal law. He has authored numerous publication on a wide range of problems concerning law enforcement and international cooperation in criminal matters. He currently teaches criminal law and European criminal law at the University of Security in Poznan, Poland.

[1] PACE, Committee on Legal Affairs and Human Rights, Legal and human rights aspects of the Russian Federation’s aggression against Ukraine. Report , Rapporteur Mr Damien Cottier, Doc. 15689,  January 24, 2023.

 

U.S., Europol and 12 Other Countries Take Down Hive Ransomware Infrastructure

Friday, February 3, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
2
Abstract: 

On January 26, 2023, the United States Department of Justice (DOJ) and Europol announced, with cooperation from twelve other governments, they have disrupted the Hive ransomware group that has targeted more than 1,500 victims in over 80 countries around the world, including hospitals, school districts, financial firms, and critical infrastructure.[1]



[1]    U.S. Department of Justice, U.S. Department of Justice Disrupts Hive Ransomware Variant, Press Release, Jan. 26, 2023.

 

Wagner Group Designated as Transnational Organized Crime Group by Treasury

Friday, February 3, 2023
Author: 
Alex Mostaghimi
Volume: 
39
Issue: 
2
Abstract: 

On January 26, 2023, the U.S. Treasury’s Office of Foreign Assets Control (OFAC) designated PMC Wagner, commonly known as the Wagner Group, as a significant transnational criminal organization.  Twisting the knife, OFAC would also designate several more individuals, entities, and aircraft that support the Wagner Group and its paramilitary activities in support of Russia’s invasion of Ukraine.[1]



[1] Treasury Sanctions Russian Proxy Wagner Group as a Transnational Criminal Organization, TREASURY, January 26, 2023 https://home.treasury.gov/news/press-releases/jy1220,

 

U.S. Arrests and Charges British and Russian Businessmen for Sanctions Evasion of Oligarch’s Yacht

Friday, February 3, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
2
Abstract: 

On January 20, 2023, the United States Department of Justice announced the unsealing of separate indictments against two businessmen, Vladislav Osipov, 51, a Russian national, and Richard Masters, 52, a United Kingdom national, charging them with facilitating a sanctions evasion and money laundering scheme in relation to the ownership and operation of the Motor yacht (M/Y) Tango (International Maritime Organization number 1010703).  The yacht is a $90 million, 255-foot luxury yacht owned by sanctioned Russian oligarch Viktor Vekselberg.  The indictments charge the defendants with conspiracy to defraud the U.S. and to commit offenses against the U.S., violating the International Emergency Economic Powers Act (IEEPA), and money laundering.  The U.S. requested that Spain provisionally arrest Masters for purposes of extradition.  The Spanish Guardia Civil executed the arrest against Maters on January 20.  The arrest warrant against Osipov is outstanding.[1]



[1]    U.S. Department of Justice, Arrest and Criminal Charges Announced Against British and Russian Businessmen for Facilitating Sanctions Evasion of Russian Oligarch’s $90 Million Yacht,  Press Rel. 23-67, Jan. 20,2 023.

 

European Court Allows Admissibility of the Case of Ukraine and the Netherlands Against Russia

Friday, February 3, 2023
Author: 
Michael Plachta
Volume: 
39
Issue: 
2
Abstract: 

On January 25, 2023, the Grand Chamber of the European Court of Human Rights delivered its much-anticipated decision on jurisdiction and admissibility in the interstate case of Ukraine and the Netherlands v. Russia (nos. 8019/16, 43800/14 and 28525/20).[1]



* Professor Plachta specializes in criminal law and international criminal law. He has authored numerous publication on a wide range of problems concerning law enforcement and international cooperation in criminal matters. He currently teaches criminal law and European criminal law at the University of Security in Poznan, Poland.

[1] https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-222889%22]}; hereinafter: the Decision.

 

Ex-Marine Duggan Fights U.S. Extradition Request in Australian Court

Friday, January 27, 2023
Author: 
Alex Mostaghimi
Volume: 
39
Issue: 
2
Abstract: 

In December 2022, the Australian attorney-general accepted an extradition request from the U.S. for the rendition of Daniel Edmund Duggan, an ex-Marine who renounced his American citizenship to become an Australian citizen, to face charges relating to his alleged training of Chinese fighter pilots in a South African flight school.  The U.S. is charging him with unlawfully engaging in conspiracies to export defense services to China, launder money, and violate the Arms Export Control Act.  Duggan’s attorney Dennis Miralis has been actively making rounds through several media outlets to proclaim that the prosecution of his client is politically motivated and Duggan is being “singled out.”

Russian Governor’s Son Requests Extradition to Russia Rather than U.S.

Friday, January 27, 2023
Author: 
Alex Mostaghimi
Volume: 
39
Issue: 
2
Abstract: 

On January 17, Artem Uss, son of Russian governor Alexander Uss, asked an Italian court to extradite him to Russia rather than the United States.[1]  Uss was arrested in mid-October 2022 at Milan’s Malpensa Airport pursuant to a request by the U.S. authorities relating to sanctions evasion, money laundering, and oil smuggling.  Soon after his arrest, Russia brought money laundering charges against Uss and said they will request his extradition as well.  While not all the details of both matters are openly known, the timing of Russia’s charges against and the notable status of the defendant has introduced the possibility that Russia is more interested in protecting the family of high-level officials and spiting America, rather than justice.



[1] Arrested Son of Russian Region’s Governor Asks Italian Court to Extradite Him to Russia, RADIOFREEEUROPE, January 17, 2023 https://www.rferl.org/a/russia-uss-extradition-italy-sanctions-evasion/32227220.html.

 

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