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.
On March 11, 2022, the Smithsonian Institute announced that most, but not all, of their 39 Benin Bronzes are marked for return to Nigeria’s National Commission for Museums and Monuments (NCCM). The Institution’s spokesperson, Linda St. Thomas, said that officials will determine whether to return the remaining artifacts once they are verified as being stolen.
On March 16, 2022, the International Court of Justice delivered its Order on the Request for the indication of provisional measures submitted by Ukraine in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation).[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] ICJ, The Court indicates provisional measures, Press release No. 2022/11, March 16, 2022.
The ongoing aggression by Russia against Ukraine has been debated and considered at various fora: UN Security Council, UN General Assembly, UN Human Rights Council, Council of Europe, European Union, International Criminal Court, International Court of Justice, and European Court of Human Rights (ECtHR).
On March 4, the sixth Plenary of the FATF, under the German presidency of Dr. Marcus Pleyer, concluded. It was a hybrid meeting (in person and virtual).
On February 25, 2022, the English Court of Appeal overturned a decision by the High Court[1] that the common law revenue prevents the Danish Revenue Authority (“SKAT”) from recovering withholding tax (“WHT”) refunds on the basis that refund claims were fraudulently made. [2]
On March 3rd, the Nigerian Minister of Justice and Attorney General of the Federation, Abubakar Malami, filed an application to the Federal High Court for the extradition of former Nigerian “supercop” Abba Kyari to the United States for his alleged link to suspected money launderer Ramon Abbas. Three weeks prior, Kyari and four other police officers were arrested for their alleged involvement in a cocaine smuggling cartel. Now, he faces likely extradition to the United States for previous charges wherein he is suspected of taking bribes from alleged Instagram fraudster, Ramon Abbas.
On February 4, 2022, the Treasury Department released its findings concerning money laundering and terror financing in the art market. More specifically, the study tackles the emerging New Fungible Token (NFT) markets that have exploded in recent months.
On February 15, 2022, Honduran law enforcement authorities arrested former President Juan Orlando Hernández on an extradition warrant from the United States. The extradition warrant alleges he participated in a “violent drug-trafficking conspiracy.”[1]
[1] Joan Suazo and Anatoly Kurmanaev, Former Honduras President Detained after a U.S. Extradition Request, N.Y. Times, Feb. 15, 2022.
On March 2, 2022, U.S. Attorney General Merrick B. Garland announced the start of Task Force KleptoCapture to enforce sanctions, export restrictions, and economic countermeausres the U.S. has issued, in coordination with U.S. allies, in response to Russia’s military invasion of Ukraine. Task Force KleptoCapture will aim to enforce these actions that are designed to isolate Russia from global markets. In particular, the U.S. restrictions target the crimes of Russian officials, government-aligned elites, and persons who help or conceal their unlawful conduct. On March 3, 2022, the Department of Justice (DOJ) announced the first indictment for Russian sanctions violations.
The conflict initiated by Russia in Ukraine has spouted one proceeding in an international tribunal and resulted in another monitoring the developments with an eye to starting an investigation. On February 25, 2022, the International Criminal Court Prosecutor, Karim A.A. Khan QC issued a statement on the situation in Ukraine. He said he has been “closely following recent developments in and around Ukraine with increasing concern.” On February 27, Khan announced he decided to proceed with opening an investigation into the Situation in Ukraine, as rapidly as possible. On February 27, Ukraine filed an application instituting proceedings against the Russian Federation before the International Court of Justice (ICJ) concerning “a dispute . . . relating to the interpretation, application and fulfilment of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide” (the “Genocide Convention”).
