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.

Lawsuits Alleging Genocide Challenge Foreign Policy on Israel in the U.S. and Abroad

Friday, March 22, 2024
Author: 
Kenneth Boggess*
Volume: 
40
Issue: 
3
Abstract: 

In the West, advocacy groups and families of Palestinian victims of Israeli violence in Gaza are mobilizing through judicial channels to challenge foreign policy pertaining to aiding the Israeli state and military.  The outcomes have yielded mixed results, but the cases signal efforts to exercise control over foreign policy by using the judiciary to regulate executive actions.  Two recent cases in the U.S. and the Netherlands highlight the successes, shortcomings, and broader effects of these efforts.

 

ICC Issues Arrest Warrants For Top Russian Commanders

Friday, March 22, 2024
Author: 
Michael Plachta
Volume: 
40
Issue: 
3
Abstract: 

       On March 5, 2024, Pre-Trial Chamber II of the International Criminal Court (ICC) issued warrants of arrest for two suspects, Mr. Sergei Ivanovich Kobylash and Mr. Viktor Nikolayevich Sokolov, for alleged war crimes committed in Ukraine between October 2022 and March 2023.

       The two arrest warrants come two years after the Office of the Prosecutor (OTP) opened an investigation into the situation in Ukraine, and one year following the issuance of the warrants against Vladimir Putin and Maria Lvova-Belova for their role in the abduction of Ukrainian children (as war crimes and crimes against humanity).[1]

European Union Criminalizes Violation and Circumvention of the Union Sanctions

Friday, March 22, 2024
Author: 
Michael Plachta
Volume: 
40
Issue: 
3
Abstract: 

 On March 12, 2024, the European Parliament approved new rules to harmonize the enforcement of EU sanctions across member states.

       With 543 votes in favor, 45 against, and 27 abstentions, the European Parliament has adopted a directive, agreed with member states, on criminalizing the violation and circumvention of EU sanctions. It will introduce a common definition of, and minimum penalties for, violations.

       After the vote, rapporteur Sophie in’t Veld (Renew, the Netherlands) said: “The Russian invasion benefits from crooks breaking the law in Europe. They must be caught, and forum shopping must stop.”[1]

U.S. Arrests Florida Man for Tax Evasion and False Statements Relating to Swiss Accounts

Friday, March 15, 2024
Author: 
Bruce Zagaris
Volume: 
40
Issue: 
3
Abstract: 

On March 11, 2024, the United States Department of Justice announced the unsealing of a criminal complaint in the Southern District of Florida charging a Florida man with conspiring to defraud the U.S. by hiding income and assets offshore pursuant to 18 U.S.C. § 371and with making a false statement to the IRS pursuant to 18 U.S.C. § 1001(a)(3).[1]



[1]    United States v. Dan Rotta, U.S. District Court S.D. Fla., Case No. 1:24-mj-02479-Reid, Criminal Complaint, Mar. 11, 2024.

 

European Parliament Calls for the Return of Romanian National Treasure Illegally Appropriated by Russia

Friday, March 15, 2024
Author: 
Michael Plachta*
Volume: 
40
Issue: 
3
Abstract: 

On March 14, 2024, the European Parliament adopted an unprecedented resolutionon the return of Romanian national treasure illegally appropriated by Russia. The Parliament, in a historic vote, has approved a motion submitted by the Romanian MEPs and passed a resolution, through which MEPs have nearly unanimously asked that Russia return Romania’s treasure and that the EU executive and other competent European institutions do everything possible to support this approach.[1]

 

Human Rights Watch Documents and Recommends Action on Transnational Repression

Friday, March 15, 2024
Author: 
Bruce Zagaris
Volume: 
40
Issue: 
3
Abstract: 

On February 22, 2024, Human Rights Watch issued a report on the targeting by governments of their dissidents abroad and made recommendations on responding to the repression.  The report covers over 100 cases of transnational repression.  It includes more than 75 cases from the past 15 years, committed by over two dozen governments across four regions. 

Book Review: Challenged Sovereignty: The Impact of Drugs, Crime, Terrorism, and Cyber Threats in the Caribbean

Friday, March 15, 2024
Author: 
Review by Bruce Zagaris and Book by Ivelaw Lloyd Griffith
Volume: 
40
Issue: 
3
Abstract: 

This book discusses the drug trade, crime, terrorism, and cyber threats in the Caribbean.  The book‘s theme is that cross-border Problems Without Passports (PWPs) have rocked the very foundation of nation states.  The book looks at the regionwide impact of PWPs and the complex security and sovereignty issues.

Countries Agree on Best Practices for Nazi-Era Art

Friday, March 15, 2024
Author: 
Bruce Zagaris
Volume: 
40
Issue: 
3
Abstract: 

On March 6, 2024, in recognition of the 25th anniversary of the Washington Conference Principles, 44 countries signed an agreement in Washington D.C. to strengthen those guidelines.  The new agreement, “Best Practices for the Washington Principles on Nazi-Confiscated Art”, clarifies ambiguities that have created varying interpretations and inconsistent applications.[1]



[1]    U.S. Department of State, Best Practices for the Washington Conference Principles on Nazi-Confiscated Art, March 5, 2024  https://www.state.gov/best-practices-for-the-washington-conference-principles-on-nazi-confiscated-art; Catherine Hickley, 44 Countries Refine the Pact That Guides the Return of Nazi-Looted Art, N.Y. Times, March 6, 2024, at A9, col. 1.

 

U.S. Grand Jury Indicts Hong Kong National for Smuggling Turtles into the U.S.

Friday, March 15, 2024
Author: 
Bruce Zagaris
Volume: 
40
Issue: 
3
Abstract: 

On March 8, 2024, a federal grand jury in Brooklyn, New York charged a Chinese man in a four-count indictment with smuggling eastern box turtles, a protected wildlife species, from the United States to China for the global pet trade black market.

 

U.S. District Court in Alabama Rules CTA Unconstitutional

Friday, March 8, 2024
Author: 
Bruce Zagaris
Volume: 
40
Issue: 
3
Abstract: 

On March 1, 2024, Judge Liles C. Burke, U.S. District Court for the Northern District of Alabama (Northeastern Division) issued a 53-page memorandum opinion, declaring that the Corporate Transparency Act (CTA) “exceeds the Constitution’s limits on the legislative branch and lacks a sufficient nexus to any enumerated power to be a necessary or proper means of achieving Congress’ policy goals.” Judge Burke granted plaintiffs’ National Small Business United (NSBA) and Issac Winkles, an NSBA member and owner of two small businesses, motion for summary judgment.  [1]



[1]   Nat’l Small Bus. United v. Yellen, No. 5:22-cv-01448-LCB (N.D. Ala. 2022).

 

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