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 Court of Human Rights Puts to Rest the Krombach/Bamberski Saga

Friday, April 13, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
4
Abstract: 

On March 29, 2018, the European Court of Human Rights – Fifth Section (ECtHR or the Court) delivered a decision in the case of Krombach v. France (application no. 67521/14). It declared (unanimously) the application inadmissible. The decision is final. This is the last act in the 36-years-long Krombach/Bamberski story which would lend an excellent script for a good criminal movie. It has had all elements to build a suspense expected from such a movie: young girl, alleged rape, murder (or at least homicide), mysterious circumstances of a death, criminal charges and multiple investigations in two different jurisdictions arising out of the same action, civil litigation, kidnapping across state border, multiple convictions, and international tribunals involved in this case.

U.S. Court Sentences Bosnian Serb Concealing Participation in Civil War for Immigration Fraud

Friday, April 13, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
4
Abstract: 

On March 28, 2018, a U.S. District Judge Max O. Cogburn of the Western District of North Carolina sentenced Milan Trisic to 18 months in prison for his criminal conviction of obtaining a Permanent Resident Card (I-551), also known as a “green card,” by making materially false claims and statements on his initial application for refugee status.

Justice for Rohingya: ICC Prosecutor Requests Ruling on Jurisdiction to Open Investigation

Friday, April 13, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
4
Abstract: 

On April 9, 2018, the Prosecutor of the International Criminal Court (ICC or the Court), Fatou Bensouda, filed her request with the President of the Pre-Trial Chamber (PTC), Judge Antoine Kesia-Mbe Mindua, seeking  a ruling on a question of jurisdiction: whether the Court may exercise jurisdiction over the alleged deportation of the Rohingya people from Myanmar to Bangladesh.

 

European Court Adopts Restrictive Interpretation of the Right of Access to a Court in Torture Cases

Friday, April 6, 2018
Author: 
Michael Plachta
Volume: 
34
Issue: 
4
Abstract: 

On March 15, 2018, the European Court of Human Rights – Grand Chamber (Court) delivered a judgment in the case of Nait-Liman v. Switzerland (application no. 51357/07). It held, by a majority (fifteen votes to two), that there had been no violation of Article 6 § 1 (right of access to a court) of the European Convention on Human Rights (ECHR or the Convention). The case concerned the refusal by the Swiss courts to examine Mr Naït-Liman’s civil claim for compensation for the non-pecuniary damage arising from acts of torture allegedly inflicted on him in Tunisia. 

Angola Charges Son of Ex-President with Defrauding US$500 Million from Sovereign Wealth Fund

Friday, April 6, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
4
Abstract: 

On March 27, 2018, the Angola Attorney General’s office accused Jose Filomeno dos Santos (known as Zenú), the son of Angola’s ex-president, of trying to defraud US $500 million from the country’s sovereign wealth fund (Fundo Soberano De Angola or FSDEA).  The Attorney General also charged Valter Filipe, the former governor of the National bank of Angola, with the fraud.

Washington College of Law Holds Book Launch for Book on the ICTY

Friday, April 6, 2018
Author: 
Bruce Zagaris
Abstract: 

On April 4, 2018, the Washington College of Law (WCL) hosted a launch of Professor Diane Orentlicher’s new book, Some Kind of Justice: The ICTY’s Impact in Bosnia and Serbia (Oxford U. Press, 496  pages).   Susana SáCouto, director of the WCL Office of War Crimes Research made opening remarks and noted that Professor Diane Orentlicher founded the office.

 

No Right to Periodic Bond Hearings for Detained Immigrants: No Due Process of Law?

Friday, March 30, 2018
Author: 
Rebecca Krishnan-Ayer
Volume: 
34
Issue: 
4
Abstract: 

On February 27, 2018, the U.S. Supreme Court handed down its decision in Jennings et al. v. Rodriguez, a class-action suit brought on behalf of immigrants who had been detained indefinitely in the United States pending deportation proceedings. The Supreme Court held that certain statutory provisions of the federal immigration laws (namely, 8 U.S.C. Sections 1225(b), 1226(a) and 1226(c)) do not grant aliens the right to periodic bond hearings during the course of their detention.  In a 5-3 opinion written by Justice Samuel Alito, the Supreme Court reversed the U.S. Court of Appeals for the Ninth Circuit’s (“Ninth Circuit”) decision that both legal and illegal immigrants must be given a new bond hearing every six months while being detained.

Mexican Drug Kingpin Indicted in New York For Allegedly Trafficking Enough Fentanyl to Kill 10 Million People

Friday, March 30, 2018
Author: 
Zarine Kharazian
Volume: 
34
Issue: 
4
Abstract: 

On March 27, 2018, New York officials announced the indictment of a Mexico-based drug kingpin and five codefendants allegedly involved in a conspiracy to traffic and distribute large quantities of fentanyl to the New York City area. The indictment, filed by the City of New York’s office of the Special Narcotics Prosecutor, charges Francisco Quiroz-Zamora aka “Gordo,” 41, with Operating as a Major Trafficker, as well as Conspiracy in the Second Degree and Criminal Sale of a Controlled Substance in the First Degree. The first is New York State’s top narcotics charge.

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