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.

UN Special Rapporteur’s Report on the Promotion and Protection of Human Rights while Countering Terrorism

Saturday, November 7, 2020
Author: 
Michael Plachta
Volume: 
36
Issue: 
11
Abstract: 

On October 15, 2020, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Fionnuala Ni Aoláin, presented her report to the UN General Assembly. The report was submitted in accordance with General Assembly resolution 72/180 and Human Rights Council resolution 40/16.[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] UN expert says misuse of terrorism laws during conflict risks worsening situation, https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=26384&....

 

Group of Experts’ Report Recommends Reforms to the ICC and the Rome Statute System

Saturday, November 7, 2020
Author: 
Michael Plachta
Volume: 
36
Issue: 
11
Abstract: 

On September 30, 2020, the Group of Independent Experts released its final Report on the review of the International Criminal Court and the Rome Statute system, as requested by the Assembly of States Parties (ASP) to the Rome Statute of the International Criminal Court (ICC) in December 2019 through its resolution ICC-ASP/18/Res.7. The Report was submitted pursuant to the Assembly’s request that the Experts present their final report and recommendations to the Bureau, the Assembly, the Court, and other stakeholders no later than September 30, 2020.

Dutch Ministry of Culture Recommends the Restitution of Stolen Cultural Property to Former Colonies

Saturday, November 7, 2020
Author: 
Bruce Zagaris and Miranda Bannister
Volume: 
36
Issue: 
11
Abstract: 

On October 7, 2020, a Committee established by the Dutch Minister of Culture, Education, and Science  called for the return of cultural objects stolen from former colonies that are currently held in the Netherlands. The Committee’s recommendations highlight the impact of colonialism on local populations, including those in  the, Brazil, Guyana, French Guiana, Indonesia, Sri Lanka, Taiwan, and Suriname, and call for the Netherlands to rectify this “historical injustice,” and demand the unconditional return of stolen cultural objects.

U.S. Charges 8 Persons as Illegal PRC Agents Conducting Law Enforcement Operations in the U.S.

Thursday, November 5, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
11
Abstract: 

On October 28, 2020, prosecutors unsealed a criminal complaint in the U.S. District Court for the Eastern District of New York, charging eight persons with conspiring to act in the U.S. as illegal agents of the People’s Republic of China (PRC).[1] In addition, the complaint charges six defendants with related charges of conspiring to commit interstate and international stalking. According to the complaint, the defendants acted at the direction and under the control of PRC government officials to surveil and harass, stalk, and coerce certain residents of the U.S. in an effort to force them to return to the PRC to face criminal charges. The campaign is part of a global, concerted, and extralegal repatriation initiative known as “Operation Fox Hunt.”[2]



[1]   U.S. v. Zhu Feng, U.S. Dist. Ct. E.D.N.Y., Complaint, No. 20-MJ-1025 (PK), https://www.justice.gov/opa/press-release/file/1331941/download.

 

[2]    U.S. Department of Justice, Eight Individuals Charged With Conspiring to Act as Illegal Agents of the People’s Republic of China, Press Rel., Oct. 28, 2020.

 

 

Council of Europe Adopts Recommendation on the Transfer of Prisoners between States

Saturday, October 31, 2020
Author: 
Michael Plachta
Volume: 
36
Issue: 
11
Abstract: 

The Committee of Ministers of the Council of Europe adopted Recommendation CM/Rec(2020)3 to Member States concerning the practical application of the Convention on the Transfer of Sentenced Persons and the Additional Protocol thereto. The Recommendation was adopted by the Committee of Ministers on July 1, 2020 at the 1380th meeting of the Ministers' Deputies.

European Parliament Acts on Money Laundering, Terrorism Financing, and Combating Fraud

Saturday, October 31, 2020
Author: 
Michael Plachta
Volume: 
36
Issue: 
11
Abstract: 

In a resolution adopted on July 10, 2020, with 534 votes to 25 and 122 abstentions, Members of the European Parliament welcomed the European Commission’s Action Plan on how to fight effectively against money laundering and terrorist financing (AML-TF resolution) and highlighted the most pressing changes needed to achieve an efficient EU framework.

UK Bill Limiting Liability for Servicemen in Armed Conflict Progresses

Saturday, October 31, 2020
Author: 
Michael Plachta
Volume: 
36
Issue: 
11
Abstract: 

The Overseas Operations (Service Personnel and Veterans) Bill, which contains several controversial provisions, had its 2nd Reading in the UK House of Commons on September 23, 2020 and started its Committee stage on October 6. The Government presented the Bill on March 18, 2020.[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] Bill documents – Overseas Operations (Service Personnel and Veterans) Bill 2019-21, https://services.parliament.uk/Bills/2019-21/overseasoperationsservicepe....

 

Goldman Sachs Enters Into DPA and Agrees to Pay Over $2.9 Billion in Penalties over 1MDB Affair

Saturday, October 31, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
11
Abstract: 

                On October 22, 2020, the Goldman Sachs Group, Inc. (Goldman Sachs or the Company), a global financial institution headquartered in New York, New York, and Gold Sachs (Malaysia) Sdn. Bhd. (GS Malaysia), its Malaysian subsidiary, settled criminal charges. The settlement required them to admit to conspiring to violate the Foreign Corrupt Practices Act (FCPA)in connection with a scheme to pay one billion dollars in bribes to high-ranking government officials in Malaysia and Abu Dhabi to obtain valuable business for Goldman Sachs, underwriting approximately $6.5 billion in three bond deals for 1Malasyia Development Bhd. (1MDB). Goldman Sachs earned hundreds of millions in fees on the deals.  Goldman Sachs will pay more than $2.9 billion as part of a coordinated resolution with criminal and civil authorities in the United States, United Kingdom, Singapore, and elsewhere.[1]



[1]    U.S. Department of Justice, Goldman Sachs Resolves Foreign Bribery Case and Agrees to Pay Over $2.9 Billion, Press Rel. 20-1143, Oct. 22, 2020.

 

J&F Pleads Guilty and Agrees to Pay More than $256 Million on FCPA Charges

Friday, October 23, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On October 14, 2020, in the U.S. District Court for the Eastern District of New York, J&F Investimentos SA (J&F), a multinational enterprise headquarters in Brazil and engaged primarily in meat and agriculture businesses, pleaded guilty to conspiring to violate the Foreign Corrupt Practices Act (FCPA). The plea requires it to pay a criminal fine of more than $256 million. The charges concern schemes by J&F to pay millions of dollars in bribes to Brazilian government officials through, inter alia, bank accounts based in New York.[1] Simultaneously J&F entered into a settlement with the Securities and Exchange Commission (SEC).



[1]    U.S. Department of Justice, J&F Investimentos SA Pleads Guilty and Agrees to Pay More than $256 Million in Criminal Fines to Resolve Foreign Bribery Case, Press Rel. 20-1092, Oct. 14, 2020.

 

 

Open Society and Academicians Sue Trump Administration for Sanctions against the ICC

Friday, October 23, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
10
Abstract: 

On October 1, 2020, the Open Society Justice Initiative (OSJI) and four academicians who work with the International Criminal Court (ICC) brought a complaint in the U.S. District Court for the Southern District of New York against the Trump Administration, alleging that the executive order and sanctions against ICC officials are unconstitutionally invalid.[1]



[1]    Opens Society Justice Initiative v. Donald J. Trump, U.S. District Court S.D.N.Y., Case 1:20-cv-08121, Complaint, Oct. 1, 2020.

 

 

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