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.

Court Sentences S. Korean National & US Resident to 6 Months in Jail for FBAR Violations on Swiss Account

Friday, February 2, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
2
Abstract: 

On June 25, 2018, U.S. District Court Judge Brinkema in the U.S. District Court for the Eastern District of Virginia sentenced Hyong Kwon Kim, a citizen of South Korea and, since 1998, a legal permanent resident of the United States, who resided in Massachusetts and later in Connecticut, to serve a sentence of six-months imprisonment for failing to report accounts in Switzerland with a value exceeding $28 million.  The sentence took into account Kim’s cooperation with the government, which occurred for more than a five-year span.

Council of Europe Calls for a Ban on Trade in Items Used in Executions or Torture

Friday, February 2, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
2
Abstract: 

At its 9th sitting held on January 26, 2018, the Parliamentary Assembly of the Council of Europe (PACE) adopted Recommendation 2123 (2018) calling for strengthening international regulations against trade in goods used for torture and the death penalty. The debate and recommendation were based on a Report prepared by the Committee on Legal Affairs and Human Rights.

European Parliament’s Committee Initiates Negotiations on a New Regulation on Freezing and Confiscation Orders

Friday, January 26, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
1
Abstract: 

On January 11, 2018, the Committee of Civil Liberties, Justice and Home Affairs (LIBE) of the European Parliament (EP) adopted “Regulation on the mutual recognition of freezing and confiscation orders.”[1] The new rules aim at: (i) speeding up freezing and confiscating criminal assets across the EU and (ii) helping seize more illegal earnings from terrorists and other criminals.

UN Security Council Votes to Tighten North Korea Sanctions after Sixth Nuclear Test

Friday, January 26, 2018
Author: 
Madeline Henshaw-Greene
Volume: 
34
Issue: 
1
Abstract: 
On December 22, the U.N. Security Council voted unanimously to tighten economic sanctions on North Korea in response to its sixth nuclear test on November 29th, which involved the launching of a missile that the regime warns could reach the United States. This is the Council’s tenth attempt to exert enough pressure on Kim Jong-Un that he will halt the nuclear weapons program and come to the table for negotiations. According to U.S. Secretary of State Rex Tillerson, in order for talks to begin North Korea must show “a sustained cessation" of its aggressive behavior, while Pyongyang vows that it will not consider joining the negotiations until the United States ends its practice of hostility towards the DPRK.  

The Special Investigative Measures of the Kosovo Specialist Chambers:Are the Protections Adequate?

Friday, January 26, 2018
Author: 
By Dennis E. Boyle and Blerina Jasari
Volume: 
34
Issue: 
1
Abstract: 

In 2016, the Kosovar government established the Kosovo Specialist Chambers (KSC) and Specialist Prosecutor’s Office with the approval of Law No. 05/L-053.  The KSC is tasked with conducting trials for allegations stemming from the 2011 Council of Europe report, which alleges serious violations of international law.  These chambers have a specific mandate and jurisdiction over certain crimes against humanity, war crimes and other crimes under Kosovo law which are alleged to have occurred between 1998 and 2000.  In July 2017, the Rules of Procedure and Evidence before the KSC (KSC Rules) entered into force.  They set out the general principles governing the conduct of proceedings before the KSC.  An unusual aspect of the KSC is that it appears to allow the Specialist Prosecutor’s Office to use investigative tools, “Special Investigative Measures”, not traditionally available to prosecutors in other international courts.  This article discusses the investigative measures available under the KSC Rules in light of international human rights and generally accepted constitutional standards.

 

Reconciling the Bail Reform Act and Immigration Authority under Trump Executive Orders

Friday, January 19, 2018
Author: 
Rebecca Krishnan-Ayer
Volume: 
34
Issue: 
1
Abstract: 

On October 16, 2017, customs agents in John F. Kennedy International Airport arrested Keston Lett, a citizen of Trinidad and Tobago, after they discovered he was carrying more than two kilos of cocaine. Lett was charged with importation of a controlled substance in violation of 21 U.S.C. §§ 952(a) and 960.  After satisfying his conditions for release from criminal custody pending trial, the District Court issued an order requiring that the defendant be released on bond. Lett was then transferred to the United States Bureau of Immigration and Customs Enforcement (ICE) custody pursuant to an immigration detainer.  Defense counsel for Lett filed a motion to dismiss the indictment, arguing Lett’s continued detention by ICE following his release on bail violated his statutory rights under the Bail Reform Act of 1984 (BRA) as well as his constitutional rights under the Fifth, Sixth, and Eighth Amendments.

Ecuador Gives Assange Citizenship and Britain Denies Request for Diplomatic Status

Friday, January 19, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
1
Abstract: 

On January 11, 2018, Ecuador’s Foreign Minister Maria Fernanda Espinosa announced that Ecuador granted WikiLeaks founder Julian Assange naturalization on December 12, 2017.[1]  On December 20, 2017, Ecuador formally requested that Assange receive diplomatic status.  Britain rejected the request the following day,

Motion Challenges Indefinite Detention of 11 Guantanamo Detainees for 16 Years Without Charges or Trial

Friday, January 19, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
1
Abstract: 

On January 11, 2018, on the 16th anniversary of the Guantánamo prison’s opening, the Center for Constitutional Rights (CCR), Reprieve, and co-counsel filed a motion on behalf of 11 men held at the military facility for 16 years, challenging indefinite detention without charges or trial.

Does the Rohingya Tragedy Amount to International Crime – and Who Cares?

Friday, January 19, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
1
Abstract: 

On January 11, 2018, a European Union delegation in Myanmar urged the government to launch a thorough and credible investigation into violence against Rohingyas in the western Rakhine State. The statement was issued by the EU delegation, the Heads of Mission of EU member states accredited to Myanmar and the Head of Mission of Norway. The call from the EU came a day after the Myanmar army acknowledged it carried out extrajudicial killings of Rohingyas in the state.

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