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.

Strasburg Court Rules on the Germany Responsibility for an Air Strike in Afghanistan

Thursday, March 11, 2021
Author: 
Michael Plachta
Volume: 
37
Issue: 
3
Abstract: 

On February 16, 2021, the European Court of Human Rights (the Court or ECHR), Grand Chamber, delivered its judgment in the case Hanan v. Germany. The ruling concerns the procedural aspects of the responsibility of the government of Germany under Article 2 of the European Convention on Human Rights (ECHR) deriving from the activities of its armed forces in Afghanistan in 2009.

U.S. Extradites Father and Son for Helping Carlos Ghosn Escape from Japan

Thursday, March 11, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
3
Abstract: 

On March 1, 2021, the United States Government extradited Michael Taylor and his son Peter to Japan to answer charges for helping former Nissan head Carlos Ghosn flee Japan for Lebanon.[1]



[1]    Carlos Ghosn: US father and son extradited to Japan, BBC, Mar. 2, 2021.

 

ICC Opens Investigation in the Palestine/Israel Situation

Thursday, March 11, 2021
Author: 
Michael Plachta
Volume: 
37
Issue: 
3
Abstract: 

On March 3, 2021, Fatou Bensouda, the International Criminal Court (ICC or the Court) Prosecutor announced that her Office (OTP) will open an investigation respecting the Situation in Palestine. The investigation will cover crimes within the jurisdiction of the Court that are alleged to have been committed in the Situation since June 13, 2014 the date to which reference is made in the Referral of the Situation to the OTP.


 

 

U.K. Supreme Court Confirms Strapping a Terrorist Suspect of a Citizenship

Saturday, March 6, 2021
Author: 
Michael Plachta
Volume: 
37
Issue: 
3
Abstract: 

On February 26, 2021, the U.K. Supreme Court delivered a judgment in a highly publicized case of Shamima Begum, a British-born citizen who left the U.K. to join the Islamic State. As a result, she will not be allowed to return to the United Kingdom to fight her legal case about the revocation of citizenship.

Former Managing Director of Triton Petroleum Limited Faces Extradition to Kenya for Alleged Conspiracy to Defraud

Saturday, March 6, 2021
Author: 
Esther Bouquet
Volume: 
37
Issue: 
3
Abstract: 

Yagnesh Devani, the former managing director of Triton Petroleum Limited, is set to be extradited to Kenya after ten years of exile in the United Kingdom. Devani was arrested in London in 2009 for conspiracy to defraud. He has since been engaged in an ongoing court battle in which he thwarted extradition efforts for over a decade.

First application of sanctions under the European Union’s ‘Magnitsky Act’ on Russia

Tuesday, March 2, 2021
Author: 
Konstantinos D. Magliveras
Volume: 
37
Issue: 
3
Abstract: 

On February 22, 2021, the Foreign Affairs Council of the European Union, the organ bringing together the Member States’ Ministers for Foreign Affairs, Defense, and Development, debated, among other matters, the situation in the Russian Federation. Participants took the view that the country is moving towards becoming an authoritarian State and distances itself from the European values of rule of law, democracy, and human rights.[1] Discussions concerned how relations with Russia could develop within the so-called “five guiding principles,” agreed by EU Foreign Ministers and the EU High Representative for Foreign Affairs and Security Policy in March 2016,[2] and focused on, inter alia, pushing back on Russia’s infringements of international law and human rights.[3] In particular, they agreed to: (a) work on future “restrictive measures” (a term which is euphemism for sanctions) to respond to serious violations of human rights committed by the Russian government and (b) increase support for those defending political and civil freedoms in the county.[4] Without naming anyone in particular, the latter reference primarily concerned Alexei Navalny,[5] a Russian opposition politician and leader of the Russia of the Future party. The EU had already castigated the early February 2021 judgment of a Russian court of justice ordering a custodial sentence against Navalny and had promised “possible further action” against the Russian government.[6] This action, which was adopted for the first time under the new EU’s sanctioning regime targeting specifically human rights abuses worldwide (EU ‘Magnitsky Act’) in late February 2021, is the focus of this article.  



* Professor Magliveras is an Attorney at Law in Athens, Greece and teaches public international law at the University of the Aegean
[1] Note that, through its participation in the Council of Europe and having ratified the European Convention on Human Rights (ECHR), Russia is obliged to uphold, promote and not violate these ideals.
[2] See M. Russell, The EU's Russia policy – Five guiding principles, European Parliamentary Research Service, Briefing, PE 614.698, February 2018, at: https://www.europarl.europa.eu/RegData/etudes/BRIE/2018/614698/EPRS_BRI(2018)614698_EN.pdf
[3] See Council of the European Union, Outcome of the Council Meeting, 3785th Council meeting, Foreign Affairs, Brussels, February 22, 2021, 6295/21, p. 5, at: https://www.consilium.europa.eu/media/48582/st06295-en21.pdf
[4] Id.
[5] See Background Brief, Brussels, February 19, 2021, Foreign Affairs Council February 22, 2021, p. 2, at: https://www.consilium.europa.eu/media/48551/background-brief-en.pdf

 

OECD Calls for Action to Disrupt, Prevent and Prosecute Criminal Conduct by Professional Enablers

Tuesday, March 2, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
3
Abstract: 

On February 25, 2021, the Organization for Economic Co-operation and Development (OECD) issued a report, urging governments to target the professional enablers who actively pursue opportunities for, and hide the commission of tax crimes and other financial crimes, in order to disrupt a crucial part of the planning and pursuit of criminal activity.[1]



[1]    OECD, Ending the Shell Game: Cracking down on the Professionals who enable Tax and White Collar Crimes (Feb. 25, 2021)  http://www.oecd.org/tax/crime/ending-the-shell-game-cracking-down-on-the-professionals-who-enable-tax-and-white-collar-crimes.htm.

 

 

Wife of “El Chapo” Held without Bail in the U.S. on International Drug Charges

Tuesday, March 2, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
3
Abstract: 

On February 22, 2021, United States law enforcement authorities arrested Emma Coronel Aispuro, the wife of Joaquin “El Chapo” Guzman Loera, the head of the Sinaloa Cartel. She was arrested at Dulles Airport in Virginia for her alleged involvement in international drug trafficking.[1]



[1]    U.S. Department of Justice, Wife of “El Chapo” Arrested on International Drug Trafficking Charges, Press Rel. 21-171, Feb. 22, 2021.

 

U.S. Charges Three N. Korean Military Hackers in Cyberattacks and Financial Crimes Worldwide

Thursday, February 25, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
3
Abstract: 

On February 17, 2021, the United States Department of Justice (DOJ) unsealed an indictment and returned by a grand jury in the Central District of California, charging the same DPRK programmer, as well as two newly-identified DPRK conspirators, with a campaign of cyber heists and extortion schemes, targeting both traditional currencies and cryptocurrencies.[1]



[1]    U.S. Department of Justice, Assistant Attorney General John C. Demers Delivers Remarks on the National Security Cyber Investigation into North Korean Operatives, Press Rel., Feb. 17, 2021,

 

U.S. Charges Three N. Korean Military Hackers in Cyberattacks and Financial Crimes Worldwide

Thursday, February 25, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
3
Abstract: 

On February 17, 2021, the United States Department of Justice (DOJ) unsealed an indictment and returned by a grand jury in the Central District of California, charging the same DPRK programmer, as well as two newly-identified DPRK conspirators, with a campaign of cyber heists and extortion schemes, targeting both traditional currencies and cryptocurrencies.[1]



[1]    U.S. Department of Justice, Assistant Attorney General John C. Demers Delivers Remarks on the National Security Cyber Investigation into North Korean Operatives, Press Rel., Feb. 17, 2021,

 

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