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.

GOLD LAUNDERING: THE DIRTY SECRETS OF THE GOLD TRADE – AND HOW TO CLEAN UP by Mark Pieth (Elster & Salis Ag, 2019, 299 pp.)

Monday, December 28, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
1
Abstract: 

The book gives a critical look at international efforts to regulate the gold supply chain, including soft law and self-regulation.  The book shows the international community has not yet achieved credible protection of essential human rights.  The author is a well-known professor at the University of Basel who has spent the last 25 years working in the field of international regulation to combat corruption, money laundering, and organized crime.

SNC-Lavalin Pleads Guilty to Corruption-Related Fraud

Sunday, December 27, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
1
Abstract: 

On December 18, 2019, SNC-Lavalin Group Inc. settled criminal charges concerning the work it did in Libya with its construction division, pleading guilty to one count of fraud and ending a long-standing scandal that harmed its reputation and involved Prime Minister Justin Trudeau and his cabinet.[1] The plea agreement required the construction division to plead guilty to a charge of fraud over $5,000 and pay a $280 million penalty over a five-year period.  The division is also subject to a three-year probation order.

Dubai Arrests Organized Crime Figure on Request of the Dutch

Wednesday, December 25, 2019
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
1
Abstract: 

On December 16, 2019, the Dutch police announced that Dubai police have arrested the suspected head of a cocaine trafficking gang and the most wanted man in the Netherlands.   Dubai police arrested Ridouan Taghi, 41, on international arrest warrants for murder and drug trafficking.[1] Taghi was born in Morocco.  He is suspected of ordering the murder of Derk Wiersam, 44 and Dutch lawyer of a state witness in a case against him.  Taghi, a father of two young children, was shot dead as he said goodbye to his wife outside his home in suburban Amsterdam.[2]

European Committee on Crime Problems Acts on Artificial Intelligence and International Cooperation

Saturday, December 21, 2019
Author: 
Michael Plachta
Volume: 
36
Issue: 
1
Abstract: 

 The Council of Europe’s (CoE) European Committee on Crime Problems (CDPC) held its seventy-seventh plenary session on December 3 and 4, 2019, in Strasbourg, France.[1] At the opening of the meeting, Jan Kleijssen, Director of Information Society for the Council of Europe’s Action against Crime Committee highlighted the important work the Ad hoc Committee on Artificial Intelligence (CAHAI) undertook as the Committee of Ministers mandated to examine the feasibility of a legal framework for the development, design, and use of artificial intelligence, based on the organization’s fundamental values, including a multi-stakeholder consultation.

France Extradites Alleged Torturer to Argentina

Friday, December 20, 2019
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
1
Abstract: 

On December 15, 2019, France extradited a former Argentinian police officer, who worked for many years as an academic at the Sorbonne, to Argentina to answer changes of his participation in the disappearance of a student who went missing during the “dirty war” in the late 1970s.[1] Argentine prosecutors accuse Mario Sandoval, 66, of participating in the death of an architecture student, Hernán Abriata, who disappeared in 1976 at the infamous navy mechanics school (Esma), in Buenos Aires, a notorious secret detention center where an estimated 5,000 people were held and tortured after the military coup of 1976.[2]

UN Makes Progress on the Convention on Crimes against Humanity

Friday, December 13, 2019
Author: 
Michael Plachta
Volume: 
35
Issue: 
12
Abstract: 

On November 13, 2019, the Sixth Committee (Legal) of the UN General Assembly engaged in discussions concerning elaboration and adopted a new convention on crimes against humanity at its seventy-fourth session.[1] The Committee considered Chapter IV of the 2019 report of the International Law Commission (ILC) on the work of its seventy-first session,[2] which contains the draft articles on prevention and punishment of crimes against humanity.[3] The Committee noted that the Commission had decided to recommend the draft articles on prevention and punishment of crimes against humanity to the General Assembly and recommended the elaboration of a convention by the Assembly or by an international conference of plenipotentiaries on the basis of the draft articles.

ICC Prosecutor Finally Refuses to Open Investigation in the Mavi Marmara Incident

Wednesday, December 11, 2019
Author: 
Michael Plachta
Volume: 
35
Issue: 
12
Abstract: 

On December 2, 2019, the Prosecutor of the International Criminal Court (ICC) once again declined – now for a third time – to open an investigation into Israel’s violent attack on the MV Mavi Marmara.[1] The Prosecutor described this decision, which was filed with Pre-Trial Chamber I on November 29, 2017, as “final” and revised and refiled in accordance with the Pre-Trial Chamber’s request of November 15, 2018 and the Appeals Chamber’s judgment of September 2, 2019.[2]

Serious Fraud Office Confirms Investigation of Suspected Bribery by Glencore

Tuesday, December 10, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
12
Abstract: 

On December 5, 2019, the Serious Fraud Office (SFO) in London, following Glencore PLC’s announcement, confirmed its investigation of suspicions of bribery in the conduct of business by the Glencore group of companies, its officials, employees, agents, and associated persons.

U.S. Indicts Ten Persons in Nigerian Romance Scams for Money Laundering Conspiracy

Friday, December 6, 2019
Author: 
Bruce Zagaris
Volume: 
35
Issue: 
12
Abstract: 

On November 13, 2019, the U.S. Department of Justice (DOJ) announced the unsealing of a grand jury indictment against ten men charged with conspiring to launder illegal proceeds that were fraudulently obtained as a result of Nigerian romance scam transactions targeting multiple victims.[1]

 

Cultures of Impunity: Eddie Gallagher and the Trump Administration Campaign to Undermine International Law and the Military Justice System

Friday, December 6, 2019
Author: 
Evan Schleicher
Volume: 
35
Issue: 
12
Abstract: 

On November 21, President Donald Trump tweeted that he would personally intervene to ensure that Edward Gallagher, a Navy Seal convicted of a war crime, would not lose his membership in an elite commando force.[1] In July, Gallagher was convicted of a war crime, posing with a dead body on a battlefield, and President Trump subsequently pardoned him.[2] What is notable about this case is that the Trump administration has intervened repeatedly and actively to undermine the normal course of justice in a case regarding serious alleged war crimes.[3],[4] While this may seem to be part and parcel for a country that many assume acts with total impunity in war, President Trump’s actions are, in fact, a significant deviation from normal standards of practice. An analysis of Trump administration responses to allegations of war crimes reveals a very specific shift in U.S. government policy meant to create a culture of impunity surrounding U.S. soldiers and to undermine what has been an effective domestic military justice system. These actions will undermine the rule of law domestically, damage perceptions of the U.S. military globally, and likely provide a blueprint for justifying war crimes by other global actors.

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