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 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.

 

Kenya Extradites its Citizen for Trafficking Rhino Horns, Elephant Ivory, and Heroin

Saturday, February 13, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
2
Abstract: 

                On January 25, 2021, Mohamed Surur, a Kenyan citizen, arrived in the United States, after Kenya extradited him. Kenyan authorities arrested Surur on July 29, 2020, in Mombasa, Kenya, on U.S. charges of conspiracy to traffic in rhinoceros horns and elephant ivory. Both derivatives come from endangered wildlife species. He allegedly participated in illegal poaching of more than approximately 35 rhinoceros and more than 10 elephants. The indictment also charged him with conspiracy to commit money laundering and conspiracy to distribute and possess with intent to distribute more than 10 kilograms of heroin.[1]



[1]    U.S. Department of Justice, U.S. Attorney Announces Extradition of Kenyan National for Large-Scale Trafficking of Rhinoceros Horns and Elephant Ivory and Heroin Distribution,  Press Rel. 21-012, Jan. 25, 2021.

 

British Commission on Inquiry Investigates Alleged Corruption in the BVI

Saturday, February 13, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
2
Abstract: 

On January 25, 2021, the British and British Virgin Islands (BVI) governments announced a commission of inquiry will investigate alleged corruption in the BVI. In his last days as governor of the BVI, Gus Jaspert made a Facebook video post accusing the island’s government of overseeing a “plague” of corruption, interfering in the criminal justice system, and trying to silence anyone who asked questions about the misuse of funds, including £ 30 million to assist the BVI combat the coronavirus pandemic. The announcement occurs at a time when reports say the EU is preparing to blacklist the BVI as a tax haven.[1]



[1]    Rupert Neate, British Virgin Islands at a crossroads as outgoing governor decries corruption, The Guardian, Jan. 25, 2021.

 

Australia Extradites Two Defendants in Auto-Subscribing Cyber Fraud Scheme

Saturday, February 13, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
2
Abstract: 

On January 25, 2021, Michael Pearse, an Australian national, and Yongchao Liu, a Chinese national, arrived in the United States after Australia extradited them. An indictment charges them of conspiracy to commit wire fraud, wire fraud, and aggravated identity theft. Pearse is also charged with conspiracy to commit money laundering, arising from the defendants’ participation in a scheme to charge mobile phone customers millions of dollars in monthly fees for unsolicited, recurring text messages about topics such as horoscopes, celebrity gossip, and trivia facts, with the customers’ knowledge or consent. This practice is known as “auto-subscribing.”[1]



[1]    U.S. Department of Justice, U.S. Attorney Announces Extradition of Two Defendants in Multimillion-Dollar Text Messaging Consumer Fraud Scheme,  Press Rel. 21-015, Jan. 26, 2021.

 

Venezuelan Emissary Colombian Alex Saab pending Extradition to the US, Claims Diplomatic Immunity

Wednesday, February 10, 2021
Author: 
Linda Friedman Ramirez*
Volume: 
37
Issue: 
2
Abstract: 

On July 25, 2019, the United States Department of Treasury reported sanctions against Colombian national and businessman Alex Saab. That same day, Saab and co-defendant Alvaro Pulido Vargas were indicted in the U.S. District for the Southern District of Florida on charges of conspiracy and money laundering.[1]



[1] United States v Saab, U.S. District Court S.D. Fla. Indictment July 25, 2019.   Case 1:19-cr-20450-RNS,

 

U.S. Looks Toward New Relationship with ICC as District Judge Blocks Trump Order

Wednesday, February 10, 2021
Author: 
Mitchell Beebe
Volume: 
37
Issue: 
2
Abstract: 

People worldwide closely tracked the 2020 U.S. Presidential Election with mixed feelings of anxiety, hope, and, at times, dismay. The international criminal justice community had particular cause for concern about the election outcome due to President Trump's unprecedented decision to impose sanctions on officers of the International Criminal Court ("ICC"). However, this mood has shifted. After President Biden's inauguration and a recent injunction issued by a U.S. federal judge against the Trump Administration's actions against the ICC, there is cause for hope of a renewed relationship between the U.S. and the ICC.

EU and 8 Countries Cooperate in Taking Down Dangerous Malware EMOTET

Wednesday, February 10, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
2
Abstract: 

On January 27, 2021, European Union and law enforcement authorities from eight other countries cooperated in taking down malware EMOTET. The U.S. Attorney in the Middle District of North Carolina filed an affidavit, setting forth its participation in the take down of EMOTET.

CAR Surrenders Mahamar Said Abdel Kani to the ICC

Wednesday, February 10, 2021
Author: 
Kayla DeAlto
Volume: 
37
Issue: 
2
Abstract: 

CAR has experienced several periods of armed conflict since ratifying the Rome Statute in 2001. The ICC prosecutor opened investigations in May 2007 that focused on war crimes and crimes against humanity allegedly committed within the country from 2002-03.[1] The main case from this investigation was against the former rebel commander and later Congolese Vice President, Jean Pierre Bemba.



[1] Central African Republic (I and II), Coalition for the Int’l Crim. Court https://coalitionfortheicc.org/country/central-african-republic-i-and-ii (Last visited Jan. 29, 2021).

 

The Biden Administration’s Policy Toward Central America and the Challenges Posed by Corruption

Wednesday, February 10, 2021
Author: 
Dennis Boyle
Volume: 
37
Issue: 
2
Abstract: 

President Biden is not a stranger to Central America. As Vice-President, he met with Central American leaders in an effort to strengthen ties between the United States and the region. As a candidate for President, he has announced an ambitious plan for Central America, particularly the Northern Triangle of Guatemala, Honduras, and El Salvador. The Biden Plan to Build Security and Prosperity with the People of Central America sets forth a number of goals for the region, including $4 billion dollars in aid from the United States. 

China Adopts Blocking Legislation and Counter-sanctions

Saturday, January 30, 2021
Author: 
Bruce Zagaris
Volume: 
37
Issue: 
2
Abstract: 

                On January 9, 2021, the Ministry of Commerce of the People’s Republic of China (the “MOFOCM”) promulgated MOFOM Order No. 1 of 2021 on Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and Other Measures (the “Blocking Statute).   On January 21, the spokesperson of the Ministry of Foreign of Foreign Affairs for the PRC announced the China imposed sanctions on former U.S. Secretary of State Michael Pompeo and 27 other U.S. officials.

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