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.

Consideration of INTERPOL Red Notices and Diffusions by U.S. Immigration Courts Suggests a Uniform Approach

Friday, February 19, 2021
Author: 
Yuriy Nemets
Volume: 
37
Issue: 
2
Abstract: 

During the past several years, the number of cases involving INTERPOL Red Notices and diffusions before the U.S. immigration courts has risen significantly. This suggests that the number of individuals subject to government requests disseminated through INTERPOL who seek asylum or other immigration relief in the U.S. has also increased. The U.S. government’s handling of visa applications is generally not subject to judicial review, and there is no publicly available and reliable data on the number of U.S. visas denied or revoked due to INTERPOL alerts. 

Turkey Arrest of Iranian Dissident Coincides with Freedom House’s Transnational Repression Report

Friday, February 19, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
2
Abstract: 

On February 13, 2021, Reuters reported that Turkey arrested Mohammad Reza Naserzadeh, 43, an Iranian official, on suspicions that he helped plan the killing of Masoud Malvi Vradanjani, a critic of the Iranian political and military leadership.[1] On February 11, 2021, Freedom House released a report on transnational repression by certain countries, such as Iran, against their dissidents abroad.[2]



[1]    Reuters, Turkey arrests Iranian in 2019 killing, Wash. Post, Feb. 13, 2021.  Yaghoub Fazeli, Turkey arrests Iranian diplomat over killing of dissident in Istanbul: Daily Sabah, Al Arabiya English, Feb. 11, 2021.

[2]    Nate Schenkkan and Isabel Linzer, Out of Sight, Not Out of Reach: The Global Scale and Scope of Transnational Repression  https://freedomhouse.org/report/transnational-repression.

 

European Parliament Calls for Improvement of Implementation and Application of the European Arrest Warrant

Friday, February 19, 2021
Author: 
Michael Plachta
Volume: 
37
Issue: 
2
Abstract: 

On January 20, 2021, the European Parliament (EP) adopted its resolution with recommendations to the European Commission on the implementation of the European Arrest Warrant (EAW) and the surrender procedures between Member States.[1] The resolution was based on a report submitted by the EP Committee on Civil Liberties, Justice and Home Affairs.[2]



* 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] European Parliament resolution of 20 January 2021 on the implementation of the European Arrest Warrant and the surrender procedures between Member States (2019/2207(INI)), P9_TA-PROV(2021)0006.

[2] European Parliament - Committee on Civil Liberties, Justice and Home Affairs, Report <Titre>on the implementation of the European Arrest Warrant and the surrender procedures between Member States</Titre>

<DocRef>(2019/2207(INI)),  December 8, 2020, A9-0248/2020.

 

ICC Confirms and Delimits Its Territorial Jurisdiction in the Palestine/Israel Case

Saturday, February 13, 2021
Author: 
Michael Plachta
Volume: 
37
Issue: 
2
Abstract: 

On February 5, 2021, Pre-Trial Chamber I of the International Criminal Court (ICC or Court) decided, by majority, that the Court's territorial jurisdiction in the Situation in the State of Palestine, a State party to the ICC Rome Statute, extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem.[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] ICC Pre-Trial Chamber I issues its decision on the Prosecutor’s request related to territorial jurisdiction over Palestine, Press release, February 5, 2021, ICC-CPI-202100205-PR1566.

 

Kenya Extradites its Citizen for Trafficking Rhino Horns, Elephant Ivory, and Heroin

Saturday, February 13, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
2
Abstract: 

                On January 25, 2021, Mohamed Surur, a Kenyan citizen, arrived in the United States, after Kenya extradited him. Kenyan authorities arrested Surur on July 29, 2020, in Mombasa, Kenya, on U.S. charges of conspiracy to traffic in rhinoceros horns and elephant ivory. Both derivatives come from endangered wildlife species. He allegedly participated in illegal poaching of more than approximately 35 rhinoceros and more than 10 elephants. The indictment also charged him with conspiracy to commit money laundering and conspiracy to distribute and possess with intent to distribute more than 10 kilograms of heroin.[1]



[1]    U.S. Department of Justice, U.S. Attorney Announces Extradition of Kenyan National for Large-Scale Trafficking of Rhinoceros Horns and Elephant Ivory and Heroin Distribution,  Press Rel. 21-012, Jan. 25, 2021.

 

British Commission on Inquiry Investigates Alleged Corruption in the BVI

Saturday, February 13, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
2
Abstract: 

On January 25, 2021, the British and British Virgin Islands (BVI) governments announced a commission of inquiry will investigate alleged corruption in the BVI. In his last days as governor of the BVI, Gus Jaspert made a Facebook video post accusing the island’s government of overseeing a “plague” of corruption, interfering in the criminal justice system, and trying to silence anyone who asked questions about the misuse of funds, including £ 30 million to assist the BVI combat the coronavirus pandemic. The announcement occurs at a time when reports say the EU is preparing to blacklist the BVI as a tax haven.[1]



[1]    Rupert Neate, British Virgin Islands at a crossroads as outgoing governor decries corruption, The Guardian, Jan. 25, 2021.

 

Australia Extradites Two Defendants in Auto-Subscribing Cyber Fraud Scheme

Saturday, February 13, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
2
Abstract: 

On January 25, 2021, Michael Pearse, an Australian national, and Yongchao Liu, a Chinese national, arrived in the United States after Australia extradited them. An indictment charges them of conspiracy to commit wire fraud, wire fraud, and aggravated identity theft. Pearse is also charged with conspiracy to commit money laundering, arising from the defendants’ participation in a scheme to charge mobile phone customers millions of dollars in monthly fees for unsolicited, recurring text messages about topics such as horoscopes, celebrity gossip, and trivia facts, with the customers’ knowledge or consent. This practice is known as “auto-subscribing.”[1]



[1]    U.S. Department of Justice, U.S. Attorney Announces Extradition of Two Defendants in Multimillion-Dollar Text Messaging Consumer Fraud Scheme,  Press Rel. 21-015, Jan. 26, 2021.

 

Venezuelan Emissary Colombian Alex Saab pending Extradition to the US, Claims Diplomatic Immunity

Wednesday, February 10, 2021
Author: 
Linda Friedman Ramirez*
Volume: 
37
Issue: 
2
Abstract: 

On July 25, 2019, the United States Department of Treasury reported sanctions against Colombian national and businessman Alex Saab. That same day, Saab and co-defendant Alvaro Pulido Vargas were indicted in the U.S. District for the Southern District of Florida on charges of conspiracy and money laundering.[1]



[1] United States v Saab, U.S. District Court S.D. Fla. Indictment July 25, 2019.   Case 1:19-cr-20450-RNS,

 

U.S. Looks Toward New Relationship with ICC as District Judge Blocks Trump Order

Wednesday, February 10, 2021
Author: 
Mitchell Beebe
Volume: 
37
Issue: 
2
Abstract: 

People worldwide closely tracked the 2020 U.S. Presidential Election with mixed feelings of anxiety, hope, and, at times, dismay. The international criminal justice community had particular cause for concern about the election outcome due to President Trump's unprecedented decision to impose sanctions on officers of the International Criminal Court ("ICC"). However, this mood has shifted. After President Biden's inauguration and a recent injunction issued by a U.S. federal judge against the Trump Administration's actions against the ICC, there is cause for hope of a renewed relationship between the U.S. and the ICC.

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