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.

European Committee on Crime Problems Acts on TOC, Terrorism, and Other Law Enforcement Issues

Friday, December 8, 2017
Author: 
Michael Plachta
Volume: 
33
Issue: 
12
Abstract: 

The Council of Europe’s (CoE) European Committee on Crime Problems (CDPC) held its 73rd plenary session from November 28 to December 1, 2017, in Strasbourg, Germany.

At the opening address,Mr. Jan Kleijssen, Director of the Information Society and Action against Crime Directorate, presented the conclusions of the 2nd International Conference on Terrorism and Organized Crime, jointly organized by the Criminal Law and Counter-Terrorism Divisions of the CoE in cooperation with the City Hall and the University of Malaga (September 21-22, 2017). The conclusions highlight the need to both develop and implement appropriate and specialized investigative tools capable of coping with the evolution in crime problems. The conclusions also noted the intention to set up a joint working group of CODEXTER and CDPC experts aimed at dealing with topics of common interest.

ICC Prosecutor Issues Final Decision Not to Investigate the Comoros Referral (Mavi Marmara Incidents)

Friday, December 8, 2017
Author: 
Michael Plachta
Volume: 
33
Issue: 
12
Abstract: 

On November 30, 2017, the Prosecutor of the International Criminal Court (ICC) announced that she had decided to close the Preliminary Examination into the Comoros situation, more commonly known as the situation relating to incidents aboard the Mavi Marmara. The decision, which was filed with Pre-Trial Chamber I on November 29, 2017, has been described by the ICC Prosecutor as “final,” and subject only to the OTP’s ongoing discretion under Article 53(4) of the Rome Statute – the Court's founding treaty – to reconsider a decision not to proceed on the basis of new facts or information. Annexed to the decision is a 145-page report explaining the Prosecutor’s position in detail.

Jury Convicts Owners of Miami Export Business of Operating Unlicensed Money Transmitting Business and Money Laundering

Friday, December 1, 2017
Author: 
Bruce Zagaris
Volume: 
33
Issue: 
12
Abstract: 

 On November 15, 2017, after a two-week trial, a jury in the U.S. District Court for the Southern District of New York found Luis Diaz Jr. and Luis Javier Diaz, owners of Miami Equipment and Export Company (“Miami Equipment”), guilty of operating an unlicensed money transmitting business and international money laundering in connection with their transmission of over $100 million from foreign businesses into and through the U.S. financial system.  In addition, the jury convicted Diaz Jr. of conspiracies to operate an unlicensed money transmitting business and engage in international money laundering.

Indictment against Iranian Unsealed for Cyberattack and Extortion Scheme Targeting HBO

Friday, December 1, 2017
Author: 
Bruce Zagaris
Volume: 
33
Issue: 
12
Abstract: 

On November 21, 2017, an indictment was unsealed in the U.S. District Court for the Southern District of New York against an Iranian national, Behzad Mesri, 29, also known as “Skote Vahshat,” for his involvement in a scheme to obtain unauthorized access to the computer systems of Home Box Office, Inc. (“HBO”), steal proprietary data from those systems, and obtain $6 million worth of Bitcoin from HBO through extortion by threatening to disseminate stolen content.  After HBO did not meet his demands, Mesri leaked the stolen content on the Internet, including but not limited to confidential information about future episodes of the popular television series, “Games of Thrones,” and video files containing unreleased episodes of other television series of HBO.

 

Head of Chinese NGO and Former Senegal Foreign Minister Indicted for Bribes Connected with Oil Deals

Friday, December 1, 2017
Author: 
Bruce Zagaris
Volume: 
33
Issue: 
12
Abstract: 

On November 21, 2017, a criminal complaint was unsealed, charging the head of a non-governmental organization based in Hong Kong and Virginia and the former Foreign Minister of Senegal with participating in a multi-year, multimillion-dollar scheme to bribe high-level officials in Chad and Uganda in exchange for business advantages for a Chinese oil and gas company, which is apparently CEFC China Energy Company CEFCCEC).

Divorcing Fact from Fiction With Regards to the Elephant Ivory Trade

Friday, December 1, 2017
Author: 
Zarine Kharazian
Volume: 
33
Issue: 
12
Abstract: 

On November 17, 2017, the Trump administration announced that its initial reversal of a ban on the importation of elephant ivory from Zimbabwe had been put on hold. The decision comes after criticism from animal rights activists as well as policymakers on the administration’s decision to roll back the bans on elephant ivory imports put in place by the Obama administration.

ICTY Finishes Last Trial with Conviction of Mladić for Genocide, War Crimes, and Crimes against Humanity

Friday, December 1, 2017
Author: 
Bruce Zagaris
Volume: 
33
Issue: 
12
Abstract: 

On November 22, 2017, in the final trial of the International Criminal Tribunal for the former Yugoslavia (ICTY), Ratko Mladić, former Commander of the Main Staff of the Bosnian Serb Army (VRS) was convicted of genocide, crimes against humanity and violations of the laws or customs of war.  Trial Chamber I sentenced Mladić to life imprisonment for the crimes that were committed by Serb forces during the armed conflict in Bosnia and Herzegovina (BiH) from 1992 until 1995. On the ICTY website are five volumes of the judgment.

UN General Assembly Committee Debates State Officials’ Immunity from Criminal Prosecution

Friday, December 1, 2017
Author: 
Michael Plachta
Volume: 
33
Issue: 
12
Abstract: 

Late October 2017, the Sixth Committee (“Legal”) of the United Nations General Assembly concluded its debate on several items on its agenda during the seventy-second session, including the immunity of state officials from criminal investigation and prosecution, particularly for the most serious international crimes,

Canada Enacts Magnitsky-Style Law and Imposes Sanctions on 52 Foreign Nationals

Friday, November 17, 2017
Author: 
Peter Bowal and Colin McKay
Volume: 
33
Issue: 
11
Abstract: 

On October 19, 2017, Canada’s “Magnitsky-style” law, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) received royal assent and came into force. Consistent with the category of legislation identified with its namesake, the Magnitsky Law was enacted as a criminal law to prevent and combat gross human rights violations such as those suffered by the Russian tax lawyer. Mr. Sergei Magnitsky was detained for 11 months and eventually tortured to his death in a Moscow prison in 2009 for his role in uncovering a $230 million tax fraud scheme involving various high level Russian officials. This relatively brief legislation commences with an extraordinary 600-word Preamble that reads like an historical narrative of – and tribute to – Sergei Magnitsky, Alexander Litvinenko, Boris Nemtsov and Nadiya Savchenko. It is the exercise of legislation to serve as political condemnation of Russia for “gross violations of internationally recognized human rights.” Canada is the fourth country to enact such legislation, following the lead of the United States, the United Kingdom and Estonia.

ICC Authorizes Investigation into Burundi despite Withdrawal from the Rome Statute

Friday, November 17, 2017
Author: 
Michael Plachta
Volume: 
33
Issue: 
11
Abstract: 

On October 27, 2017, Burundi became the first State Party to withdraw from the 1998 Rome treaty creating the International Criminal Court (ICC), in accordance with the provisions of Article 127 of the ICC Statute. On October 21, 2016, after Cabinet approval, the South African government sent an “instrument of withdrawal” letter to the United Nations Secretary-General explaining its intention. Written notice to withdraw from the Rome Statute of the International Criminal Court (ICC) has been submitted to the Secretary-General of the United Nations. The withdrawal has taken effect one year after the Secretary-General received the notification.

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