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.

First application of sanctions under the European Union’s ‘Magnitsky Act’ on Russia

Tuesday, March 2, 2021
Author: 
Konstantinos D. Magliveras
Volume: 
37
Issue: 
3
Abstract: 

On February 22, 2021, the Foreign Affairs Council of the European Union, the organ bringing together the Member States’ Ministers for Foreign Affairs, Defense, and Development, debated, among other matters, the situation in the Russian Federation. Participants took the view that the country is moving towards becoming an authoritarian State and distances itself from the European values of rule of law, democracy, and human rights.[1] Discussions concerned how relations with Russia could develop within the so-called “five guiding principles,” agreed by EU Foreign Ministers and the EU High Representative for Foreign Affairs and Security Policy in March 2016,[2] and focused on, inter alia, pushing back on Russia’s infringements of international law and human rights.[3] In particular, they agreed to: (a) work on future “restrictive measures” (a term which is euphemism for sanctions) to respond to serious violations of human rights committed by the Russian government and (b) increase support for those defending political and civil freedoms in the county.[4] Without naming anyone in particular, the latter reference primarily concerned Alexei Navalny,[5] a Russian opposition politician and leader of the Russia of the Future party. The EU had already castigated the early February 2021 judgment of a Russian court of justice ordering a custodial sentence against Navalny and had promised “possible further action” against the Russian government.[6] This action, which was adopted for the first time under the new EU’s sanctioning regime targeting specifically human rights abuses worldwide (EU ‘Magnitsky Act’) in late February 2021, is the focus of this article.  



* Professor Magliveras is an Attorney at Law in Athens, Greece and teaches public international law at the University of the Aegean
[1] Note that, through its participation in the Council of Europe and having ratified the European Convention on Human Rights (ECHR), Russia is obliged to uphold, promote and not violate these ideals.
[2] See M. Russell, The EU's Russia policy – Five guiding principles, European Parliamentary Research Service, Briefing, PE 614.698, February 2018, at: https://www.europarl.europa.eu/RegData/etudes/BRIE/2018/614698/EPRS_BRI(2018)614698_EN.pdf
[3] See Council of the European Union, Outcome of the Council Meeting, 3785th Council meeting, Foreign Affairs, Brussels, February 22, 2021, 6295/21, p. 5, at: https://www.consilium.europa.eu/media/48582/st06295-en21.pdf
[4] Id.
[5] See Background Brief, Brussels, February 19, 2021, Foreign Affairs Council February 22, 2021, p. 2, at: https://www.consilium.europa.eu/media/48551/background-brief-en.pdf

 

OECD Calls for Action to Disrupt, Prevent and Prosecute Criminal Conduct by Professional Enablers

Tuesday, March 2, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
3
Abstract: 

On February 25, 2021, the Organization for Economic Co-operation and Development (OECD) issued a report, urging governments to target the professional enablers who actively pursue opportunities for, and hide the commission of tax crimes and other financial crimes, in order to disrupt a crucial part of the planning and pursuit of criminal activity.[1]



[1]    OECD, Ending the Shell Game: Cracking down on the Professionals who enable Tax and White Collar Crimes (Feb. 25, 2021)  http://www.oecd.org/tax/crime/ending-the-shell-game-cracking-down-on-the-professionals-who-enable-tax-and-white-collar-crimes.htm.

 

 

Wife of “El Chapo” Held without Bail in the U.S. on International Drug Charges

Tuesday, March 2, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
3
Abstract: 

On February 22, 2021, United States law enforcement authorities arrested Emma Coronel Aispuro, the wife of Joaquin “El Chapo” Guzman Loera, the head of the Sinaloa Cartel. She was arrested at Dulles Airport in Virginia for her alleged involvement in international drug trafficking.[1]



[1]    U.S. Department of Justice, Wife of “El Chapo” Arrested on International Drug Trafficking Charges, Press Rel. 21-171, Feb. 22, 2021.

 

U.S. Charges Three N. Korean Military Hackers in Cyberattacks and Financial Crimes Worldwide

Thursday, February 25, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
3
Abstract: 

On February 17, 2021, the United States Department of Justice (DOJ) unsealed an indictment and returned by a grand jury in the Central District of California, charging the same DPRK programmer, as well as two newly-identified DPRK conspirators, with a campaign of cyber heists and extortion schemes, targeting both traditional currencies and cryptocurrencies.[1]



[1]    U.S. Department of Justice, Assistant Attorney General John C. Demers Delivers Remarks on the National Security Cyber Investigation into North Korean Operatives, Press Rel., Feb. 17, 2021,

 

U.S. Charges Three N. Korean Military Hackers in Cyberattacks and Financial Crimes Worldwide

Thursday, February 25, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
3
Abstract: 

On February 17, 2021, the United States Department of Justice (DOJ) unsealed an indictment and returned by a grand jury in the Central District of California, charging the same DPRK programmer, as well as two newly-identified DPRK conspirators, with a campaign of cyber heists and extortion schemes, targeting both traditional currencies and cryptocurrencies.[1]



[1]    U.S. Department of Justice, Assistant Attorney General John C. Demers Delivers Remarks on the National Security Cyber Investigation into North Korean Operatives, Press Rel., Feb. 17, 2021,

 

Consideration of INTERPOL Red Notices and Diffusions by U.S. Immigration Courts Suggests a Uniform Approach

Friday, February 19, 2021
Author: 
Yuriy Nemets
Volume: 
37
Issue: 
2
Abstract: 

During the past several years, the number of cases involving INTERPOL Red Notices and diffusions before the U.S. immigration courts has risen significantly. This suggests that the number of individuals subject to government requests disseminated through INTERPOL who seek asylum or other immigration relief in the U.S. has also increased. The U.S. government’s handling of visa applications is generally not subject to judicial review, and there is no publicly available and reliable data on the number of U.S. visas denied or revoked due to INTERPOL alerts. 

Turkey Arrest of Iranian Dissident Coincides with Freedom House’s Transnational Repression Report

Friday, February 19, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
2
Abstract: 

On February 13, 2021, Reuters reported that Turkey arrested Mohammad Reza Naserzadeh, 43, an Iranian official, on suspicions that he helped plan the killing of Masoud Malvi Vradanjani, a critic of the Iranian political and military leadership.[1] On February 11, 2021, Freedom House released a report on transnational repression by certain countries, such as Iran, against their dissidents abroad.[2]



[1]    Reuters, Turkey arrests Iranian in 2019 killing, Wash. Post, Feb. 13, 2021.  Yaghoub Fazeli, Turkey arrests Iranian diplomat over killing of dissident in Istanbul: Daily Sabah, Al Arabiya English, Feb. 11, 2021.

[2]    Nate Schenkkan and Isabel Linzer, Out of Sight, Not Out of Reach: The Global Scale and Scope of Transnational Repression  https://freedomhouse.org/report/transnational-repression.

 

European Parliament Calls for Improvement of Implementation and Application of the European Arrest Warrant

Friday, February 19, 2021
Author: 
Michael Plachta
Volume: 
37
Issue: 
2
Abstract: 

On January 20, 2021, the European Parliament (EP) adopted its resolution with recommendations to the European Commission on the implementation of the European Arrest Warrant (EAW) and the surrender procedures between Member States.[1] The resolution was based on a report submitted by the EP Committee on Civil Liberties, Justice and Home Affairs.[2]



* 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] European Parliament resolution of 20 January 2021 on the implementation of the European Arrest Warrant and the surrender procedures between Member States (2019/2207(INI)), P9_TA-PROV(2021)0006.

[2] European Parliament - Committee on Civil Liberties, Justice and Home Affairs, Report <Titre>on the implementation of the European Arrest Warrant and the surrender procedures between Member States</Titre>

<DocRef>(2019/2207(INI)),  December 8, 2020, A9-0248/2020.

 

ICC Confirms and Delimits Its Territorial Jurisdiction in the Palestine/Israel Case

Saturday, February 13, 2021
Author: 
Michael Plachta
Volume: 
37
Issue: 
2
Abstract: 

On February 5, 2021, Pre-Trial Chamber I of the International Criminal Court (ICC or Court) decided, by majority, that the Court's territorial jurisdiction in the Situation in the State of Palestine, a State party to the ICC Rome Statute, extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem.[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] ICC Pre-Trial Chamber I issues its decision on the Prosecutor’s request related to territorial jurisdiction over Palestine, Press release, February 5, 2021, ICC-CPI-202100205-PR1566.

 

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