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.

International Court of Justice Dismisses Objections to Its Jurisdiction in the Rohingya Genocide Case

Friday, July 29, 2022
Author: 
Gino Naldi* and Konstantinos Magliveras**
Volume: 
38
Issue: 
8
Abstract: 

In November 2019, The Gambia instituted proceedings against Myanmar alleging violations of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) through “acts adopted, taken and condoned by the Government of Myanmar” against the Rohingyas, a principally Muslim and stateless ethnic group, which has lived for centuries in the majority Buddhist Myanmar. It also requested the indication of provisional measures to protect the Rohingyas’ rights, which were ordered in January 2020.[1] Exactly one year later, Myanmar raised four preliminary objections to the ICJ jurisdiction and the admissibility of the Application. The ICJ gave its judgment, rejecting them all, in July 2022.[2] The purpose of this note is to offer an overview of Myanmar’s objections in the order examined by the ICJ.



* Former university senior lecturer in Law, United Kingdom; ginonaldi57@yahoo.co.uk.

** Attorney at law, Athens, Greece; kmagliveras@aegean.gr.

[1] Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), Provisional Measures, Order of 23 January 2020, ICJ Rep 2020, p. 3, [2020] 59 ILM 616 et seq. See G. Naldi & K. Magliveras, “International Court of Justice Indicates Provisional Measures in the Rohingya Genocide Case” [2020] 36 IELR 49-53.

[2] Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), Preliminary Objections of Myanmar, Judgment of 22 July 2022 <https://www.icj-cij.org/en/case/178> (Judgment on Preliminary Objections).

 

Special Court in Colombia Convicts 22 Perpetrators for War Crimes and Crimes Against Humanity

Friday, July 29, 2022
Author: 
Michael Plachta
Volume: 
38
Issue: 
8
Abstract: 

On July 25, 2022, Colombia’s Special Jurisdiction for Peace (JEP) charged 19 former members of the army, one state official, and two civilians with war crimes and crimes against humanity. The JEP determined that the members of the 16th Brigade killed 303 innocent people in 218 incidents between 2005 and 2008 in the Casanare department.

 

Portuguese Prosecutors Finalize Charges against Banco Espíritu Santo Insiders in Angola

Friday, July 29, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
8
Abstract: 

On July 22, 2022, the Portuguese media announced that on July 15, 2022 the Central Department of Investigation and Prosecution (DCIAP) for Portugal’s Office of Public Prosecutions has finalized new charge sheets in two cases connected to the defunct Espíritu Santo group, with respect to financing by Banco Espíritu Santo (BES) to its subsidiary in Angola, Banco Espíritu Santo Angola (BESA).[1]



[1]   Lusa,  Prosecutors finalise more charges in cases linked to BESA, July 22, 2022  https://econews.pt/2022/07/22/prosecutors-finalise-more-charges-in-cases-linked-to-bes.

 

Sweden Convicts Iranian under Universal Jurisdiction

Friday, July 29, 2022
Author: 
Alex Mostaghimi
Volume: 
38
Issue: 
8
Abstract: 

On July 15, 2022, a Swedish court convicted Hamid Nouri of international war crimes and human rights abuses related to the death of prisoners of Gohardasht prison in 1988 at the orders of Ayatollah Ruhollah Khomeini and current President Ebrahim Raisi, he has been sentenced to life in prison.  Nouri was lured into Sweden and prosecuted under the principle of universal jurisdiction, which allows any national court to prosecute atrocities regardless of where they are committed.

U.S. House Passes ENABLERS Act to Impose AML/CFT Requirements on Gatekeepers

Thursday, July 28, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
8
Abstract: 

On July 13, 2022, the U.S. House of Representatives passed the 2023 National Defense Authorization Act (“NDAA”), which included an amendment to the Establishing New Authorities for Business Laundering and Enabling Risks to the Security Act (ENABLERS Act).  The latter would add to 31 U.S.C. § 5312 categories of service provides in the code’s § 5337(a) regulations.  It would require the U.S. Treasury to classify and require persons performing financial advice, forming entities, processing  payments, rendering investment advice, servicing trusts, and attorneys and accountants providing certain types of work to conduct anti-money laundering due diligence.

President Biden Issues Executive Order to Deter Wrongful Detention of Americans Abroad

Thursday, July 28, 2022
Author: 
Alex Mostaghimi
Volume: 
38
Issue: 
8
Abstract: 

On July 19, President Biden signed a new executive order meant to deter hostage taking and wrongful detentions and help bring Americans wrongfully detained abroad back home.  The executive order builds on the Robert Levinson Hostage Recovery and Hostage-taking Accountability Act, which spelled out who is considered wrongfully detained, and expanded tools to help free American hostages.

 

Austria Extradites Turkish Businessman to Face Charges Linked to Biofuel Tax Credit Fraud

Friday, July 22, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
8
Abstract: 

On July 15, 2022, Sezgin Baran Korkmaz arrived in Utah in the custody of the U.S. Marshals Service.  He is facing an indictment in Salt Lake City, charging him with laundering more than $133 million in illegal proceeds through bank accounts he controlled in Turkey and Luxembourg.  The April 2021 superseding indictment alleges that the proceeds concern a scheme organized in Plymouth, Utah, by Jacob Kingston, Isaiah Kingston, and Levon Termedndzhyan to defraud the U.S. Treasury by filing false claims for more than $1 billion in tax credits allegedly for the production and sale of biodiesel by their company, Washakie Renewable Energy LLC.[1]



[1]    U.S. Department of Justice, Turkish Businessman Extradited from Austria to Face Money Laundering and Wire Fraud Charges Allegedly Connected to $1 Billion Washakie Biofuel Tax Credit Fraud, Press Rel. 22-760, July 15, 2022.

 

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