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.

Report on Conflict Antiquities Underscores Need to Prosecute Participants in Illegal Antiquities Trade

Friday, August 5, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
8
Abstract: 

On June 8, 2022, the Clooney Foundation for Justice published a report, documenting the harms created by looting of antiquities as a weapon of war and a major source of financing state and non-state armed groups in conflicts in the Middle East.  The report makes a number of excellent recommendations. 

ICAO Releases Fact Finding Report on Ryanair Flight 4978

Friday, August 5, 2022
Author: 
Alex Mostaghimi
Volume: 
38
Issue: 
8
Abstract: 

On July 19, 2022, the International Civil Aviation Organization (ICAO) released its fact finding report into the Ryanair Flight 4978 incident on May 23, 2021, when the flight was diverted by a bomb threat to land at Minsk National Airport, where two passengers were arrested by authorities.  

United Nations Envoy Issues Forceful Statement on Press Freedom in the Philippines and Cyber Libel Laws

Friday, July 29, 2022
Author: 
Linda Friedman Ramirez
Volume: 
38
Issue: 
8
Abstract: 

The Philippine Court of Appeals on July 7, 2022 upheld the criminal conviction of Nobel Peace Prize laureate Maria Ressa and her co-defendant, Reynaldo Santos Jr., for the offense of criminal libel, a case not brought until six years after the alleged libel was published and for violation of a cyber libel law that did not yet exist. [1]

 

Harsh Prison Realities in the Caribbean

Friday, July 29, 2022
Author: 
Ivelaw Lloyd Griffith
Volume: 
38
Issue: 
8
Abstract: 

The circumstances of prisons in the Caribbean were spotlighted this past July 5 and 6 at a conference on penal reform held in St. Kitts and Nevis.  The conference was organized by IMPACT Justice, a Barbados-based program funded by the Canadian government and headed by Professor Velma Newton, a former law dean at the Cave Hill campus of the University of the West Indies.[1] The conference, which I had the honor to chair, had several aims, including to highlight access to justice and other issues within the prison sector, such as inmate treatment, physical facilities, inmate programs and services, and compliance with the Mandela Rules. Moreover, the meeting was intended to reflect on improvements needed and encourage discussions among government officials, advocates, and experts about reform. The conference, which brought together prison sector leaders, prosecutors, academic experts, legal aid advocates, and journalists, some in person and others via zoom, highlighted some of the harsh realities of prisons in the Caribbean, a few of which are discussed below.  



[1] For a comprehensive examination of IMPACT Justice, see IMPACT Justice Project | (caribbeanimpact.org).

 

International Court of Justice Dismisses Objections to Its Jurisdiction in the Rohingya Genocide Case

Friday, July 29, 2022
Author: 
Gino Naldi* and Konstantinos Magliveras**
Volume: 
38
Issue: 
8
Abstract: 

In November 2019, The Gambia instituted proceedings against Myanmar alleging violations of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) through “acts adopted, taken and condoned by the Government of Myanmar” against the Rohingyas, a principally Muslim and stateless ethnic group, which has lived for centuries in the majority Buddhist Myanmar. It also requested the indication of provisional measures to protect the Rohingyas’ rights, which were ordered in January 2020.[1] Exactly one year later, Myanmar raised four preliminary objections to the ICJ jurisdiction and the admissibility of the Application. The ICJ gave its judgment, rejecting them all, in July 2022.[2] The purpose of this note is to offer an overview of Myanmar’s objections in the order examined by the ICJ.



* Former university senior lecturer in Law, United Kingdom; ginonaldi57@yahoo.co.uk.

** Attorney at law, Athens, Greece; kmagliveras@aegean.gr.

[1] Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), Provisional Measures, Order of 23 January 2020, ICJ Rep 2020, p. 3, [2020] 59 ILM 616 et seq. See G. Naldi & K. Magliveras, “International Court of Justice Indicates Provisional Measures in the Rohingya Genocide Case” [2020] 36 IELR 49-53.

[2] Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), Preliminary Objections of Myanmar, Judgment of 22 July 2022 <https://www.icj-cij.org/en/case/178> (Judgment on Preliminary Objections).

 

Special Court in Colombia Convicts 22 Perpetrators for War Crimes and Crimes Against Humanity

Friday, July 29, 2022
Author: 
Michael Plachta
Volume: 
38
Issue: 
8
Abstract: 

On July 25, 2022, Colombia’s Special Jurisdiction for Peace (JEP) charged 19 former members of the army, one state official, and two civilians with war crimes and crimes against humanity. The JEP determined that the members of the 16th Brigade killed 303 innocent people in 218 incidents between 2005 and 2008 in the Casanare department.

 

Portuguese Prosecutors Finalize Charges against Banco Espíritu Santo Insiders in Angola

Friday, July 29, 2022
Author: 
Bruce Zagaris
Volume: 
38
Issue: 
8
Abstract: 

On July 22, 2022, the Portuguese media announced that on July 15, 2022 the Central Department of Investigation and Prosecution (DCIAP) for Portugal’s Office of Public Prosecutions has finalized new charge sheets in two cases connected to the defunct Espíritu Santo group, with respect to financing by Banco Espíritu Santo (BES) to its subsidiary in Angola, Banco Espíritu Santo Angola (BESA).[1]



[1]   Lusa,  Prosecutors finalise more charges in cases linked to BESA, July 22, 2022  https://econews.pt/2022/07/22/prosecutors-finalise-more-charges-in-cases-linked-to-bes.

 

Sweden Convicts Iranian under Universal Jurisdiction

Friday, July 29, 2022
Author: 
Alex Mostaghimi
Volume: 
38
Issue: 
8
Abstract: 

On July 15, 2022, a Swedish court convicted Hamid Nouri of international war crimes and human rights abuses related to the death of prisoners of Gohardasht prison in 1988 at the orders of Ayatollah Ruhollah Khomeini and current President Ebrahim Raisi, he has been sentenced to life in prison.  Nouri was lured into Sweden and prosecuted under the principle of universal jurisdiction, which allows any national court to prosecute atrocities regardless of where they are committed.

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