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.

Libyan Fact-Finding Mission Renews Mandate as U.N. Report Warns of War Crimes and Crimes against Humanity

Wednesday, October 20, 2021
Author: 
Kenneth Boggess
Volume: 
37
Issue: 
10
Abstract: 

An October 4, 2021 report published by the U.N. Human Rights Council’s Independent Fact-Finding Mission on Libya (“Mission”) warned of the likelihood of war crimes and crimes against humanity committed in the country by multiple conflicting parties since the beginning of 2016.  The report, which the Mission presented on October 5, 2021, examines nine areas of focus for violations, abuses, and crimes under international human rights, humanitarian, and criminal law.[1]  Categories range from deprivation of liberty to extrajudicial killings and gender-based violence.  In response, the U.N. Human Rights Council renewed the Mission’s timeline for an additional nine months to conduct further investigation and assemble information in greater detail.[2]



[1]    United Nations, General Assembly, Report of the Independent Fact-Finding Mission on Libya, U.N. Doc. A/HRC/48/83 (Oct. 1, 2021).

[2]    Abdulkader Assad, Fact-Finding Mission’s mandate in Libya extended for 9 months, The Libya Observer (Oct. 11, 2021), https://www.libyaobserver.ly/news/fact-finding-missions-mandate-libya-ex....

 

EU Justice & Home Affairs Council Acts on Digital Dimension of Child Sexual Abuse, the External Dimension of Migration, and the European Public Prosecutor’s Office

Wednesday, October 20, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
10
Abstract: 

On October 7-8, 2021, the European Justice and Home Affairs Council met and agreed to take several initiatives on international enforcement matters.[1]



[1][1]    EU, Justice and Home Affairs Council, Oct. 7-8, 2021, https://www.consilium.europa.eu/en/meetings/jha/2021/10/07-08

 

 

EU Council Adopts Afghanistan Counter-Terrorism Action Plan

Tuesday, October 19, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
10
Abstract: 

On September 29, 2021, the EU Counter-Terrorism Coordinator briefed the Justice and Home Affairs Council (JHA Council) on its Afghanistan Counter-Terrorism Action Plan.[1]

                The JHA Council will review the Counter-Terrorism Action Plan and its implementation after six months in consultation with Working Party on Terrorism (TWP) and Working Party on Terrorism International Aspects  (COTER) and thereafter at six months intervals.



[1]    EU Counter-Terrorism Coordinator, Afghanistan:  Counter-Terrorism Action Plan, JHA Council, 12315/21, Sept. 29, 2021.

 

Netherlands Funds Iraq UNITAD Witness Protection Program

Saturday, October 16, 2021
Author: 
Marwah Adhoob
Volume: 
37
Issue: 
10
Abstract: 

On September 5, 2021, the Netherlands’ Ministry of Foreign Affairs gave funding to the United Nations Investigations Team to Promote Accountability for Crimes Committed by Da’esh/ISIL (UNITAD) to develop Iraq’s witness protection program aimed at protecting witnesses of ISIL crimes. [1]



[1] The Netherlands Commits New Funding to UNITAD in Support of Witness Protection in Iraq, Relief Web, Oct. 5, 2021, Press Rel., https://reliefweb.int/report/iraq/netherlands-commits-new-funding-unitad-support-witness-protection-iraq-enar.

 

State Department Lawyer Quits Calling Biden Administration Policy on Asylum ‘Inhumane’

Thursday, October 14, 2021
Author: 
Marwah Adhoob
Volume: 
37
Issue: 
10
Abstract: 

Harold Koh, a top legal advisor at the State Department, resigned after the Biden administration’s use of Title 42 to expel hundreds of thousands of migrants, calling it “inhumane” and “illegal.”[1]

In an internal memo, Koh criticized the Biden administration’s use of Title 42 and was displeased with the administration’s use of the policy, especially considering he “strongly supports” the administration.[2]



[1] Unclassified Memo, Harold Hongju Koh Re: Ending Title 42 return flights to countries of origin, particularly Haiti, access here https://www.politico.com/f/?id=0000017c-4c4a-dddc-a77e-4ddbf3ae0000.

[2]  Id.

 

Swiss Banker Violates Bail in Spain to Return to Switzerland to Avoid U.S. Extradition

Wednesday, October 13, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
10
Abstract: 

On September 27, 2021, Finews.com in Switzerland reported that Peter Rüegg, the former bank official of Privatbank IHAG, left Mallorca, Spain, where Spanish authorities arrested him on a United States extradition warrant for tax crimes.

China Declares All Cryptocurrency Transactions Illegal While the U.S. and EU Prepare Further Crypto Regulation

Tuesday, October 12, 2021
Author: 
Matteo Formaggi [1]
Volume: 
37
Issue: 
10
Abstract: 

On September 24, 2021, China officially declared illegal all crypto transactions.[1] China’s central bank stated that the cryptocurrency business activities seriously harm the safety of people’s assets.



[1]  China’s ban extends to crypto exchanges that do business with Chinese citizens even if those people are located outside of China

 

Canadian Fashion Mogul Waives Extradition to the U.S. as Canada Charges Him with Sexual Assault

Saturday, October 9, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
10
Abstract: 

On October 1, 2021, 80-year-old Canadian former fashion mogul Peter Nygard consented to extradition to the United States to face United States federal sex trafficking charges.[1]



[1]    Kayla Rosen, Peter Nygard Consents to Extradition to the U.S., CTVNewsWinnipeg.ca, Oct. 1, 2021.

 

Founder of Russian Bank Pleads Guilty to Tax Fraud, Including Falsifying His Expatriation Statement

Friday, October 8, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
10
Abstract: 

On October 1, 2021, Oleg Tinkov, also known as Oleg Tinkoff, the founder of a Russian bank, pleaded guilty to filing a materially false tax return and agreed to pay more than $500 million  in taxes, interest, and penalties.

Pandora Papers Sheds Light on Financial Secrecy Abuses

Thursday, October 7, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
10
Abstract: 

On October 3, 2021, the International Consortium of Investigative Journalists (ICIJ) released a new series of investigative stories and millions of leaked documents about political leaders, criminals, high-net-worth individuals, and the web of enablers who represented their clients in investing their funds in ways to keep confidential the identities of their clients and their assets.  These documents are known as the Pandora Papers.

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