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.

The ICC works on a new way to tackle war crimes with the Democratic Republic of the Congo

Friday, June 16, 2023
Author: 
Elena Maghsoodnia
Volume: 
39
Issue: 
6
Abstract: 

On June 5, 2023, the International Criminal Court (ICC) addressed crime concerns in the Democratic Republic of the Congo (DRC) and the need for a new approach in combating the crimes committed in the DRC.  This followed Chief Prosecutor of the ICC, Karim Khans’, first visit to the DRC, where he spoke with DRC authorities and leading figures, such as Dr. Denis Mukwege, fighting the continued crimes against humanity happening in Eastern Congo.  There have been efforts made to help with the ongoing conflicts in the DRC, however there is still a significant number of atrocities occurring on a regular basis.  This fact-finding mission resulted in him calling for a ‘stronger partnership’ between global players and local authorities, citing the fact that the “rapes and crimes have not stopped” as proof that their current strategies are not enough.[1]

 

Interpol Operation in Africa Results in 14 Arrests of Suspected Terrorists

Friday, June 16, 2023
Author: 
Alex Mostaghimi
Volume: 
39
Issue: 
6
Abstract: 

On June 9, 2023, Interpol announced the results of a month long operation conducted in March and April codenamed Tripartite Spider which resulted in the seizure of explosives and the arrests of 14 terror suspects linked to terror groups ADF, Al-Shabaab, and ISIS.   The enforcement action occurred in the Democratic Republic of Congo (DRC), Kenya, Somali, Tanzania, and Uganda.[1]

 

UK High Court Denies Assange’s Latest Effort to Appeal against Extradition to the U.S.

Friday, June 16, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
6
Abstract: 

On June 6, 2023, a High Court judge in the UK denied Julian Assange permission to appeal an order to extradite him to the United States to stand charges under the Espionage Act.[1]



[1]    Claudia Rebaza and Lauren Said-Moorhouse, Julian Assange loses latest attempt to appeal against extradition to the US, CNN, June 9, 2023.

 

Peru Temporarily Extradites Van der Sloot to the U.S. on Extortion and Wire Fraud Charges

Friday, June 16, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
6
Abstract: 

On June 8, 2023, Peru extradited Joran van der Sloot, the prime suspect in the 2005 disappearance of Natalee Holloway to the United States to face charges that he tried to extort money from the mother of the missing daughter.  Van der Sloot arrived in an FBI-operated plane at Shuttlesworth Airport in Birmingham, Alabama.[1]



[1]    Associated Press, Suspect in Holloway case arrives in U.S., Wash. Post, June 9, 2023, at A2, col.2.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          

 

Netherlands and Canada Bring Torture Case Against Syria at International Court of Justice

Friday, June 16, 2023
Author: 
Michael Plachta
Volume: 
39
Issue: 
6
Abstract: 

On June 8 2023, Canada and the Kingdom of the Netherlands (the Applicants) filed a joint application instituting proceedings against the Syrian Arab Republic before the International Court of Justice (ICJ), the principal judicial organ of the United Nations, concerning alleged violations of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention against Torture).[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] International Court of Justice, Canada and the Kingdom of the Netherlands jointly institute proceedings against the Syrian Arab Republic and request the Court to indicate provisional measures, Press release No. 2023/28, June 12, 2023.

 

Lawsuit in Jamaica Seeks to Compel Minister of Foreign Affairs to Disclose Gift

Thursday, June 8, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
6
Abstract: 

On April 12, 2023, Wilfred Rattigan, a Jamaican national residing in Maryland and an attorney and retired  FBI Supervisory Special Agent, brought a lawsuit in the Supreme Court of Judicature of Jamaica, seeking to compel Senator Kamina Johnson Smith, the Ministry of Foreign Affairs and Foreign Trade of Jamaica, and the Ministry of Finance and the Public Service to disclose a gift in the amount of US $99,000.[1]



[1]    Wilfred Rattigan v. Senator The Honorable Kamina Johnson Smith et al, In the Matter of the Financial Administration and Audit Act, Supreme Court of Judicature of Jamaica, Civil Div., Claim No. SU 2023 CV 01256, Affidavit of Wilfred Rattigan in Support of Notice of Application for Court Orders, filed April 19, 2023.

 

Belgian Data Privacy Authority Prohibits Transfer of Tax Data on “Accidental Americans” to the US

Friday, June 2, 2023
Author: 
Bruce Zagaris
Volume: 
39
Issue: 
6
Abstract: 

On May 24, 2023, the Belgian Data Protection Authority (BDPA) declared unlawful and prohibits the transfers of personal data of Belgian “Accidental Americans” by the Belgian Federal Public Service Finance (BFPS) to the United States tax authorities pursuant to the Foreign Account Tax Compliance Act (FATCA) Intergovernmental Agreement (IGA). [1] The BDPA has ruled that the processing done under this agreement does not comply with all the principles of the General Data Protection Regulation (GDPR), including the rules on data transfers outside the EU.  The ruling also asks the BFPS to advise the competent Belgian legislator of the defects identified by the BDPA.[2]



[2]    Belgian Data Protection Authority, Belgian DPA prohibits the transfer of tax data of Belgian “Accidental Americans” to the USA https://www.dataprotectionauthority.be/belgian-dpa-prohibits-the-transfer-of-tax-data-of-belgian-accidental-americans-to-the-usa.

 

The U.S. Announces Working Group to Address Illicit International Timber Trade

Friday, June 2, 2023
Author: 
Alex Mostaghimi
Volume: 
39
Issue: 
6
Abstract: 

On April 19, 2023, U.S. Principal Deputy Associate Attorney General Benjamin Mizer announced the creation of the Timber Interdiction Membership Board and Enforcement Resource (TIMBER), a working group of different departments of the U.S. government devoted to ending the illegal trade of plant and plant products, including timber, in international commerce.  The announcement was made at a roundtable established by the U.S. Department of Justice’s (DOJ) Environment and Natural Resources.[1]



[1] Principal Deputy Associate Attorney General Benjamin Mizer Delivers Remarks at TIMBER Trafficking Enforcement Roundtable, DOJ, April 19, 2023 https://www.justice.gov/opa/speech/principal-deputy-associate-attorney-general-benjamin-mizer-delivers-remarks-timber#:~:text=The%20Timber%20Working%20Group%20is,prosecute%20timber%20trafficking%20cases%3B%20and

 

Irish Data Protection Commission Imposes US$1.3 Billion Fine on Meta for GDPR Violations

Friday, May 26, 2023
Author: 
Bruce Zagaris and Adriana Sanford
Volume: 
39
Issue: 
6
Abstract: 

On May 22, 2023, the Irish Data Protection Commission (“the DPC”) announced the conclusion of its inquiry into Meta Platforms Ireland Limited (“Meta Ireland), examining the basis upon which Meta Ireland transfers personal data from the EU/EEA to the United States in connection with the delivery of its Facebook service. The DPC found Meta had infringed data privacy rights during this process.  Subsequently, the European Data Protection Board (“the EDPB”) in a decision on May 12, 2023  imposed an administrative fine in the amount of US$1.3 billion.

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