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.

ICC Prosecutor’s Visit to Rohingya Refugee Camp in Bangladesh

Friday, April 22, 2022
Author: 
Narisa Chowdhury
Volume: 
38
Issue: 
5
Abstract: 

On Sunday, February 27, 2022, Karim A. A. Khan, the Prosecutor of the International Criminal Court (ICC), concluded the first visit by an ICC prosecutor to Bangladesh.  Khan’s visit was prompted by the alleged crimes being committed against the Rohingya refugees from Myanmar.  He asserted that he would prioritize investigation into this matter during his leadership.  He confirmed his intention to accelerate the collection and analysis of evidence in support of the claims which was previously hindered by the Covid-19 pandemic, and that he has dedicated additional resources to the process.

 

OSCE Releases Report Finding Crimes Committed by Russian Military During Aggression Against Ukraine

Friday, April 22, 2022
Author: 
Michael Plachta
Volume: 
38
Issue: 
5
Abstract: 

On March 3, 2022  following consultation with Ukraine, 45 OSCE (Organization for Security and Cooperation in Europe) participating States invoked  the Moscow Mechanism in order to “address the human rights and humanitarian impacts of the Russian Federation’s invasion and acts of war, supported by Belarus, on the people of Ukraine, within Ukraine’s internationally recognized borders and territorial waters.”[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] https://www.osce.org/odihr/513973.

 

State Department Releases 2021 Country Reports on Human Rights Practices

Friday, April 22, 2022
Author: 
Alex Mostaghimi
Volume: 
38
Issue: 
4
Abstract: 

On April 12, 2022, the State Department’s Bureau of Democracy, Human Rights, and Labor released the 2021 Country Reports on Human Rights Practices covering internationally recognized individual, civil, political, and worker rights set forth in the Universal Declaration of Human Rights.  

Mexican Drug Cartels Team with Chinese Trafficking Networks to Traffic in Endangered Species

Friday, April 22, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
4
Abstract: 

Increasingly Mexican drug cartels are participating in the harvest, transport, and sale of marine wildlife species, including endangered species.  They often collaborate with Chinese wildlife trafficking networks. [1]



[1]    Mexican drug cartels increasingly influential in marine wildlife trafficking, use legitimate businesses as cover, Taskforce Alert, United for Wildlife TaskForce Bulletin, April 4, 202.

 

U.S. Court Dismisses Efforts to Halt U.S. Government’s Efforts to Extradite Ukrainian from Holland

Friday, April 22, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
4
Abstract: 

On April 12, 2022, U.S. District Court Judge Christopher Cooper granted the U.S. government’s motion to dismiss the suit of a Ukrainian citizen Oleksandr Morgunov, seeking to stop the U.S. government’s efforts to extradite him from the Netherlands on criminal charges pending in the Southern District of Florida.[1]      



[1]    In Re: Extradition Application to the Kingdom of the Netherlands of September 10, 2021,  Oleksandr Morgunov v. Office of International Affairs, U.S. Department of Justice, U.S. District Court for D.C., Case No. 21-mc-158 (CRC), Memorandum Opinion, April 12, 2022.

 

U.S. and Europol Seize One of World’s Largest Hacker Forums and Arrest Administrator

Friday, April 15, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
4
Abstract: 

On April 12, 2022, the United States Department of Justice and Europol announced the seizure of the RaidForums website, a popular marketplace for cybercriminals to buy and sell hacked data, and unsealed criminal charges against Diogo Santos Coelho, 21, of Portugal, the RaidForums’ founder and chief administrator.  British authorities arrested Coelho in the United Kingdom at the request of the U.S.  He remains in custody pending the resolution of his extradition proceedings.[1]



[1]    U.S. Department of Justice, United States Leads Seizure of One of the World’s Largest hacker Forums and Arrests Administrator, Press Release 22-360, April 12, 2022.

 

Turkish court Transfers Khashoggi Assasination Trial to Saudi Arabia

Friday, April 15, 2022
Author: 
Alex Mostaghimi
Volume: 
38
Issue: 
4
Abstract: 

On April 7, 2022, a Turkish court decided to transfer the trial of 26 Saudi suspects accused of the 2018 killing of Washington Post columnist Jamal Khashoggi to Saudi Arabia.   The decision came after a panel of judges granted a request last week by the prosecutor in the trial to transfer the case because none of the suspects were in Turkish custody and that the case would be inconclusive.  Soon after, Turkey’s justice minister, Bekir Bozdag, recommended that the Istanbul court close the trial in absentia and resume the case in Saudi Arabia.[1]   While endorsing the case’s transfer, Bozdag stated that if the Saudi authorities convict the defendants, the Turkish court would drop the case, but if they are acquitted, the Turkish court may resume the trial.[2]



[1] Jonathan Spicer, Transfer of Khashoggi case to Saudi Arabia not political, Turkish Bureaucrat says, Reuters, April 8, 2022.

[2] Ali Kucukgocmen, Turkish Ministry to approve request to transfer Khashoggi case to S. Arabia, Reuters, April 1, 2022.

 

Australia and The Netherlands Take Action Against Russia in the MH17 Case Before the ICAO

Friday, April 15, 2022
Author: 
Michael Plachta
Volume: 
38
Issue: 
4
Abstract: 

On March 14, 2022, the Dutch and Australian governments launched a legal case against Russia at the International Civil Aviation Organization (ICAO) seeking to hold Moscow accountable for its alleged role in the downing of Malaysia Airlines Flight MH17.[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] Kirsty Needham and Toby Sterling, Australia, Netherlands start UN action against Russia over MH17, Reuters, March 14, 2022.

 

EU Starts Infringement Action against Malta “Golden Passport” law

Friday, April 15, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
4
Abstract: 

On April 6, 2022, the European Commission sent Malta a reasoned opinion concerning its investor citizenship program, also referred to as “golden passport” scheme. The Commission informed Malta that conferring EU citizenship in return for pre-determined payments or investments, without any genuine link to the Member States, violates EU law.[1]



[1]    European Commission, ‘Golden passport’ schemes: Commission proceeds with infringement case against Malta, Press release, Apr. 6, 2022.

 

Spain Seizes $90 Million Yacht of Sanctioned Russian Oligarch at U.S. Request While U.S. Unseals Indictment against Russian Oligarch

Friday, April 15, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
4
Abstract: 

On April 4, 2022, Spanish law enforcement executed a Spanish court order freezing the Motor Yacht (M/Y) Tango (the Tango), a 255-foot luxury yacht owned by Viktor Vekselberg, a sanctioned Russian oligarch.  Spanish authorities acted at the request from the U.S. Department of Justice for assistance after the U.S. District Court for the District of Columbia issued a seizure warrant.  The warrant alleges that the Tango was subject to forfeiture based on violation of U.S. bank fraud, money laundering, and sanction statutes.  In addition, seizure warrants obtained in the U.S. District Court for the District of Columbia target approximately $625,000 associated with sanctioned parties held at nine U.S. financial institutions.  The seizures are based on sanctions violations by several Russian specially designated nationals.[1]  Meanwhile, on April 6, 2022, the U.S. Department of Justice unsealed in the Southern District of New York an indictment charging a Russian oligarch with violating U.S. sanctions arising from the 2014 Russian take-over of Crimea.[2]



[1]    U.S. Department of Justice, $90 Million Yacht of Sanctioned Russian Oligarch Viktor Vekselberg Seized by Spain at Request of United States, Apr. 4, 2022.

[2]    U.S. Department of Justice, Russian Oligarch Charged with Violating U.S. Sanctions, Press Rel. 22-333, Apr. 6, 2022.

 

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