Archives for May 2021

UN: Israel’s Airstrike may be Considered as ‘War Crimes’

May 28, 2021 by Marwah Adhoob Leave a Comment

The UN high commissioner for human rights, Michelle Bachelet, said during the Council meeting that the violent Israel airstrike attacks on the Gaza strip might constitute “war crimes” if found disproportionate.

“Although reportedly targeting members of armed groups and their military infrastructure, the Israeli attacks resulted in extensive civilian deaths and injuries, as well as large-scale destruction and damage to civilian objects,” Bachelet said during the recent UN Human Rights Council.

The 11-day airstrike in Gaza resulted in over 200 Palestinian deaths, 66 of those were children, and close to 2,000 were injured.

While Israel claimed that the attacks toward buildings, medical facilities, and media offices were targeted because they were being used for military purposes, evidence shows otherwise, according to Bachelet.

Forming an Investigation Team

During the meeting, the council passed a resolution that would create an international investigation team or a “Commission of Inquiry” that would look into the recent airstrike attack on Gaza, and more broadly, at the systemic abuse in the Palestinian territories inside Israel. Creating a Commission of Inquiry is an effective means to track and report human rights violations in the region. The resolution also had a provision that called on states to refrain from providing weapons to Israel as they may be used to commit crimes that violate humanitarian law.

The Investigation team’s findings would ensure that Israel is held accountable for its actions. The investigation as a whole would serve as a means to persevere evidence for future cases brought before the International Criminal Court.

The resolution passed with 24 in favor, nine against, and 14 abstentions.

Undoubtedly, Israel’s prime minister Benjamin Netanyahu was against the resolution and said the following in a statement: “Today’s shameful decision is yet another example of the U.N. Human Rights Council’s blatant anti-Israel obsession,” He added that “this travesty makes a mockery of international law and encourages terrorists worldwide.”

The Palestinian Authority is firmly in favor of the resolution and views this step as an international acknowledgment of Israel’s oppression and discrimination against the Palestinians. The Palestinian Authority Foreign Minister Riyad al-Maliki said that not holding Israel accountable for its crimes will only enable them to commit these acts against the Palestinians.

Saleh Hijazi, Middle East and North Africa deputy regional director of Amnesty International said that holding Israel accountable is the “real test” for the European Union countries to put their words into actions and “not make Israel an exception when it comes to human rights and respect for international law.”

The current issue of the IELR will have a more comprehensive discussion of the report and its implications.

Americas Ministers of Justice and Attorneys General Approve Recommendations to Use Information Technologies for International Cooperation

May 27, 2021 by Bruce Zagaris Leave a Comment

On May 18 and 19, 2021, the Ministers of Justice and Attorneys General of the member states of the Organization of American States (OAS) participated in the Eleventh Meeting of Ministers of Justice, or Other Ministers, or Attorneys General of the Americas (REMJA – XI). Ecuador hosted the virtual meeting. The Ecuadorian Attorney General, Dr. Diana Salazar, hosted the meeting.

During the meeting, the States made detailed recommendations on the use of information technologies (ICTs) in their justice systems and in international cooperation. The Justice Studies Center of the Americas (JSCA), the REMJA Working Group on Legal Cooperation in Criminal Matters, and the REMJA Working Group on Legal Cooperation against Cybercrime made presentations on the present state of affairs in the region and on their role in supporting the modernization of justice systems by, among other things, training prosecutors and judges, promoting international legal cooperation, and developing such instruments as proposed treaties, model laws, and guides to best practices.

International legal Cooperation in the Americas

REMJA XI recommends that the OAS members who have not yet become a member of the five regional cooperation agreements, do so promptly.

The meeting recommends that the Working Group on Legal Cooperation on Criminal Matters updates and considers the proposed “Protocol to the Inter-American Convention on Mutual Assistance in Criminal Matters regarding Joint Investigation Teams” (PENAL/doc.42/18). The Working Group should evaluate incorporating in it the use of ICTs, as appropriate, and that the OAS members study the possibility of initiating formalities with the appropriate bodies so that in the future, consideration may be given to its adoption.

Legal Cooperation Against Cybercrime

REMJA-XI urges the Chair of the REMJA Working Group to convene its Tenth Meeting in the first quarter of 2022, to develop effective and inclusive strategic approaches to fight cybercrime, bearing in mind the relevance of the Budapest Convention on Cybercrime in this regard; to develop national and regional cybercrime coordination, cooperation and training strategies and policies in OAS countries; and, to develop key principles for mainstreaming gender and inclusion into cybercrime capacity building efforts.

The meeting recommends that the OAS members that have not yet done so, consider evaluating to accede to the Council of Europe’s Convention on Cybercrime, and adopt the legal and other measures required for its implementation.

The meeting recommends fortifying, through the REMJA Working Group, four aspects of international cooperation: (i) capacity building, (ii) cybercrime evidence gathering, (iii) legal cooperation in cybercrime, and (iv) legislative developments.

Justice Studies Center of the Americas (JSCA)

REMJA-Xi congratulates the JSCA on the work since REMJA X in evaluating criminal justice reform processes; providing technical support for the implementation of reformed criminal justice systems in Mexico, Guatemala, El Salvador, Costa Rica, Panama, Colombia, Ecuador, Peru, Brazil, Paraguay, Uruguay, Chile, and Argentina, promoting new models for the management of prosecutors’ offices with the development of capacities for criminal analysis and strategic criminal prosecution; identifying and disseminating best practices in the investigation of complex crimes; fostering the improvement of criminal defense standards; promoting pre-trial services; and developing skills for criminal litigation, for the conduct of hearings, and for appraising evidence, together with court and case management models.

The meeting congratulates the JSCA and the U.S. Government on the agreement through the Bureau of International narcotics and Law Enforcement Affairs (INL) of the U.S. State Department to collaborate on the project Technical Support for the Implementation of the New Adversarial Criminal Justice System in Argentina’s Federal Justice System through the program Training Program on Criminal Investigation and Litigation in an Accusatory System for Justice Officials. Project implementation started in 2018 and has been extended to 2023.

Strengthening the REMJA

The meeting discusses steps to strengthen the REMJA, including that the annual OAS Regular Fund consider providing the necessary resources for holding the meetings that are to be organized within the REMJA process.

The meeting also recommends the establishment of a voluntary contribution fund into which states can make voluntary contributions to finance programs and projects in the areas covered by the REMJA process.

The current issue of the IELR (June) will discuss in more detail the decisions and implications of the decisions of REMJA-XI.

Evaluating the Jonathan Taylor Extradition Case

May 24, 2021 by Austin M. Scherer Leave a Comment

By Austin Max Scherer[1]

This past July, Jonathan Taylor, a whistleblower that exposed bribery at his old firm SBM Offshore, was arrested on an Interpol red license.[1] Taylor, a U.K. native, was found on vacation in Croatia.[2] Since the arrest, Interpol dropped the warrant, while Croatia has kept Taylor within the country due to an extradition request by Monaco.[3] The detention has brought a lot of criticism from different organizations like the European Union (EU) and the Resource Center on Media Freedom in Europe.

This blogpost will evaluate the following issues: Whether the extradition is legal? Whether the extradition violates the EU Whistleblower Protection Directive? And whether the requesting state, Monaco, is trying to protect an economically powerful entity in Monaco?

Legality of the Extradition

The first issue deals with whether the extradition is legal. An Interpol Red Notice alert can be issued to arrest someone for extradition if the subject falls within one of two categories: “Either the individual is: (1) awaiting a trial-prosecution for an offense for which he or she has been formally charged or (2) the individual has already been convicted of crime and is wanted in order to serve their lawful sentence.”[4] Taylor does not suffice either of these requirements. A May 19 letter from the Resource Center on Media Freedom in Europe states: “Mr. Taylor is not charged with anything as there are no criminal proceedings, nor is there any execution of a judgment for which he is wanted…”[5] Since neither requirement is fulfilled, the legality of the extradition appears questionable.

Violation of the EU Whistleblower Protection Directive

The second issue evaluates whether the extradition violates the EU Whistleblower Protection Directive. The aims of this directive were to strengthen the legal protection available to whistleblowers and provide protection that would be consistent throughout all EU Member States.[6] Further, it would be expected that member states would incorporate minimum standards featuring, “reporting channels for organizations of a certain size; and the level of protection afforded to persons that report breaches of Union law.”[7] Member states would be expected to comply by December 17, 2021.[8] The Supreme Court of Croatia confirmed Taylor’s status as a whistleblower.[9] This confirmation further qualifies Taylor’s defense under the EU Whistleblower Protection Directive. Croatia is obligated to uphold the directive, which, “includes ensuring they are immune from civil and criminal liability for having blown the whistle.”[10] This extradition would violate the EU Whistleblower Protection Directive. Since the withdrawal of the arrest warrant by Interpol, Monaco appears to act against Taylor in a retaliatory nature. This was confirmed again by Interpol on March 23, 2021.[11]

Is the Requesting State Protecting an Economically Powerful Entity?

The final issue discusses whether the requesting state, Monaco, is trying to protect an economically powerful entity in Monaco? Taylor uncovered one of the most expansive corruption and bribery scandals. This led to criminal investigations in the U.K., U.S., Netherlands, Switzerland, and Brazil.[12] SBM Offshore’s main office is in Monaco, and interestingly, Monaco has yet to initiate a single criminal investigation into a highly credible and well documented allegation of bribery and corruption, “on the part of SBM Offshore.” SMB Offshore earned $2.368 revenue in 2020; this comprises nearly a third of Monaco’s GDP.[13] One could surmise from this quantitative information, that SBM Offshore has influence in Monaco. SBM Offshore is Monaco’s largest private-sector employer and with offices 400 meters away from Monaco’s prosecutor’s office, it has close ties to the state.[14] Taylor stated the following, “It’s very political…they’re trying to discredit me and to show the world that Monaco doesn’t put up with whistleblowers, that companies are ‘safe” there.”[15] This information illustrates exploitation of an individual and a country’s attempt to lure more businesses to its domain. A potential court case in Monaco would serve beneficial to SBM Offshore. This would essentially provide, to use a sports term, a homefield advantage. Furthermore, SBM Offshore has major influence in Monaco politics, which should create fears to not only Taylor but to all human rights organizations.

Analysis

With SBM Offshore paying over $800 million in fines, SBM may want to make an example of Taylor.[16] Croatia seems bound to meet the requirements of the EU Whistleblower Protection Directive and return Taylor to the U.K. Arguably Croatia may take the position that it has until December 21 to comply with the EU Whistleblower Protective Directive and until it implements the Directive, it must follow its current national law. Taylor committed to answering any questions the Monaco government has, and if the Monaco government’s desire to speak to Taylor is purely judicial, then why does it require his extradition to Monaco if there is no criminal charge?[17] In any event Taylor’s counsel is expected to request the Croatian Minister of Justice to use his discretion to not extradite Taylor. In addition, Taylor is likely, if necessary, to appeal to the Croatian Constitutional Court and the European Human Rights Court.

[1] Rising third year law student, Washington College of Law, American University; M.S., Finance, American Univ; B.S., George Washington Univ.

[2] Jo Couzens, Jonathan Taylor: Oil whistleblower’s Monaco extradition bid upheld, bbc.com, https://www.bbc.com/news/uk-england-hampshire-57137065 (last visited May. 24, 2021).

[3] Id.

[4] Id.

[5] Extradition proceedings against Jonathan Taylor needs to end, article19.org, https://www.article19.org/resources/extradition-jonathan-taylor/ (last visited May. 24, 2021).

[6] Ana Myers, Urgent letter to Croatian Minister of Justice: Do not extradite Whistleblower Jonathan Taylor, Resource Center on Media Freedom in Europe, (May. 19, 2021).

[7] See Werner Berg, Sunny Mann, and Julia M. Wilson, Whistleblower Protection Directive, bakermckenzie.com, https://www.bakermckenzie.com/en/insight/publications/2020/02/whistleblower-protection-directive (last visited May. 24, 2021).

[8] Id.

[9 Id.

[10] Myers, supra note 6.

[11] Id.

[12] Id.

[13] Id.

[14] SBM Offshore Full Year 2020 Earnings, sbmoffshore.com, https://www.sbmoffshore.com/?press-release=sbm-offshore-full-year-2020-earnings (last visited May. 24, 2021).

[15] Andrew Rettman, Monaco hunts oil-bribery whistleblower in EU, euobserver.com, https://euobserver.com/justice/149356 (last visited May. 24, 2021).

[16] Id.

[17] Myers, supra note 6.

[18] Rettman, supra note 15.

UN Investigation Team Concludes ISIL Crimes Against Iraqi Minority, the Yazidis, Constitutes Genocide

May 14, 2021 by Marwah Adhoob Leave a Comment

On May 10, 2021, the United Nations Investigative Team to Promote Accountability Against Da’esh/ISIL (UNITAD) found that the crimes committed by ISIL against the Yazidis, a religious minority in northern Iraq, constitutes genocide.

In a briefing to ambassadors, the head of UNITAD, Karim Khan, said there is “ there is clear and convincing evidence that the crimes against the Yazidi people clearly constituted genocide.” Evidence showed that ISIL committed a range of inhuman acts, including extermination, rape, murder, torture, enslavement, persecution, and other war crimes against the Yazidis. The crimes that ISIL committed “shocked the conscience of humanity,” said Khan.

In 2014, The Islamic State terrorized the Yazidi community predominately residing in northern Iraq. ISIL abused young women and carried out massacres that left thousands dead and more than half a million displaced.

UNITAD also investigated the mass execution in Tikrit Air Academy. The investigation team reviewed the video of footage and said the crime is a “direct and direct and public incitement to commit genocide against Shia Muslims.” The horrifying video footage showed images of mass execution with a direct order to ISIL followers to “kill them[shiates] wherever you find them.” The attacks constitute war crimes of murder, torture, cruel treatment, and “outrages upon person dignity,” the investigation team reported.

Investigators are also looking into a chemical program at Mosul University laboratories that ISIL controlled in 2014. Evidence revealed that ISIL was testing a variety of lethal chemicals on prisoners that led to their death. In 2016, ISIL experimented with a sulfur mustard production system by firing rockets at a predominantly Shiite town.

The U.N. identified more than a thousand suspected perpetrators responsible for the crimes against the Yazidis. The Special Adviser said that more progress is to come as the prosecution of ISIL members for crimes committed in Iraq is to follow in the next year.

The current issue of the IELR will have a more comprehensive discussion of the report and its implications.

Italian Police Arrest Suspected Black Axe Members

May 11, 2021 by Marwah Adhoob Leave a Comment

On April 26, 2021, Italian police targeted the Nigerian Black Axe mafia and arrested 30 suspected members for operating the mafia syndicate. The members have been charged with people and drug trafficking, mafia association, prostitution, and cyber fraud and face about 100 other charges.

Police alleged that most of their crimes occurred online. The suspects allegedly used Bitcoin cryptocurrency on the dark web to duplicate credit cards and used them to make purchases.

According to Reuters’ reporting, the police arrested the suspected leader of the mafia, a 35-year-old man living in the central Abruzzo region. The police did not release his name.

The police targeted these individuals because evidence shows that the members “had a direct connection with the Nigerian gang, drawing on the same vocabulary, symbols and affiliation rituals,” police said.

The arrests come as a part of an anti-corruption operation in southern Italy to target mafia members and organized crime families.

The Black Axe is a secret society that emerged in 1970 to liberate the black race and create a new Black Movement. Over time, the Black Axe diverted from their political ideology to being accused of carrying out violent attacks. They have been dubbed “mafia” due to their organizational structure, use of code words, establishment of a weapon of choice, and having a representative color. Members are offered protection from potential violent attacks from other gangs.

The Nigerian government has banned these secret societies and has continued to arrest members; nevertheless, they continue to operate.

The current issue of the IELR will have a more comprehensive discussion of the arrest and the developments concerning the Black Axe.

Namibia Requests Extraditions in Fishrot Case

May 3, 2021 by Marwah Adhoob Leave a Comment

The Namibia prosecutors began extradition proceedings for three citizens from Iceland for their corrupt use of fishing quotas.

The three men wanted for extradition are Aðalsteinn Helgason, Ingvar Júlíusson, and Egill Helgi Árnason. Prosecutor General Ed Marondedze said he wants all three suspects tried in Namibia’s courts. The three men were former employees of Samherji, an Icelandic fishing company. Samherij bribed Namibia officials and fishing company executives to obtain favorable treatment and access to Namibia fishing grounds. Charges also stem from their work in various fishing companies, including Esja Holding, Memaria Seafood Namibia, and Saga Seafood, Esja Investments, and Heinaste Investments.

Their extradition is part of the multi-billion dollar Fishrot scandal involving charges of alleged money laundering, corruption, conspiracy to commit corruption, tax fraud and tax evasion, infringement of the Namibian law Prevention of Organized Crime Act, and the evasion of justice.

Part of the Fishrot scandal is the Namgomar matter which charges Namibia officials in “charges of corruptly receiving payments of at least N$103.6 million to allow Icelandic fishing company Samherji secure access to horse mackerel quotas in Namibia.” Maribdedze stated in court that he wants to combine both Icelandic men and Namgomar matter into a single case as the charges overlap.

A Namibian lawyer, Maren de Klerk, representative of Celax investments, will likely be extradited for allegedly transferring money from Fishcor to the suspects’ bank accounts.

The following legal entities will also be charged for their alleged involvement in the scandal: JTH Trading cc, Erongo Clearing, and Forwarding cc, MH Property Projects, Otuafika Investments cc, Otjiwarongo Plot Fifty-one cc, and several other related entities.

The prosecutor general also said that he gave the notice to combine the two cases before the court into one pretrial hearing before the High court on May 20, 2021.

The Fishrot scandal exposed the flaws in the fishing industry and fishing rights in developing countries. The Fishrot scandal is a wake-up call for Namibia to reform its fishing rights system. After the scandal, the State implemented a bidding system, but the fishing companies were uncooperative with the standards. Nevertheless, this case acts as a gateway to understanding and tackling the flaws within the fishing sector.

UN: Israel’s Airstrike may be Considered as ‘War Crimes’

Americas Ministers of Justice and Attorneys General Approve Recommendations to Use Information Technologies for International Cooperation

Evaluating the Jonathan Taylor Extradition Case

UN Investigation Team Concludes ISIL Crimes Against Iraqi Minority, the Yazidis, Constitutes Genocide

Italian Police Arrest Suspected Black Axe Members

Namibia Requests Extraditions in Fishrot Case

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