ILS News – December 2024

Co-sponsored with IALA and JABA

Disclosing Beneficial Ownership to Prevent Money Laundering and Terrorist Financing, From Bakersfield to Bologna

1.5 Hours Self Study Credit

The Anti-Money Laundering Directive in the European Union, the Corporate Transparency Act in the United States, and similar legislation in other developed economies are part of a multi-national effort to expose and seize illicit funds linked to drug trafficking, the arms trade, cyber-fraud and other serious crimes. These legislative efforts enlist corporations and other legal entities of all sizes in the fight against global money laundering and terrorist financing by requiring the disclosure of the “beneficial owners” of the entity and by facilitating the sharing of that information among law enforcement agencies and financial regulators in participating countries. This program will give attorneys background and perspective on the global application of beneficial ownership regulations and tools to ensure compliance.

Webinar will be posted soon

We invite you to join the International Law and Immigration Section (ILS) and participate in our future events. Together, we can continue to explore and address the pressing legal issues of our time.

Free Webinar: AI and the Legal Profession: Czech, EU, and US Insights on Regulation and Ethics

Tuesday, January 28, 2025 | REGISTER NOW

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California International Arbitration Week (CIAW)

Organized as a collaboration of the California Lawyers Association (CLA), California Arbitration (CalArb) and leading arbitration institutions and organizations from around the world, California International Arbitration Week (CIAW) is an annual week-long series of in-person and online programs celebrating international arbitration in California.

California Lawyers Association Annual Meeting

2025 CLA/Milan Bar International Law Conference

by T. Sean Butler and Radulf Mohika

ICC Judicial Proceedings and other developments  – June – December 2024 update.

Our following chronicle of ICC activity for the last half of 2024 reveals some of the achievements, progress and challenges ICC has experienced in holding perpetrators accountable to victims of crimes against humanity, war and other crimes within its jurisdiction. As ICC celebrates its 26th anniversary, State Parties to ICC’s governing treaty, the Rome Statute, and other non-party stakeholders like the US are taking a hard look at ICC. Some seek to expand the scope of the treaty while others question what conduct is or should be beyond the scope of ICC’s jurisdiction, and whether to sanction or otherwise hold ICC judges and prosecutors personally accountable for their own prosecutorial conduct. 

June 25 – Oct. 29, 2024: Ukraine

June 25, 2024. Pre-Trial Chamber II issued two new arrest warrants for Sergei Shoigu, Minister of Defense of the Russian Federation, and Valery Vasilyevich, Chief of General Staff of the Russian Federation’s Armed Forces. They allegedly committed the war crimes of directing attacks against civilian objects and causing excessive incidental harm to civilians or damage to civilian objects, and the crime against humanity of inhumane acts.

September 4, 2024. For the first time since the ICC announced a warrant for Russia President Vladimir Putin related to the taking of Ukrainian children to Russia, Putin traveled outside of Russia to Mongolia, a State Party to the Rome Treaty of the ICC. The ICC has no police and relies on the cooperation of state parties to arrest those accused. According to press reports, the president of Mongolia had invited Putin to visit, and Putin was not arrested. The issue of consequences for non-compliance with the state parties’ treaty obligation to arrest is a matter to be decided by the Assembly of State Parties (ASP).

October 24, 2024 – Mongolia. PreTrial Chamber II found Mongolia in breach of its obligation as a State Party under Article 87(7) for failing to arrest and surrender Vadimir Putin and referred the matter to the Assembly of States Parties for appropriate remedies. More information is available here.

October 25, 2024 – Ukraine Ratification. Ukraine deposited its instruments of ratification of the Rome Statute with the United Nations, with its membership becoming effective on January 1, 2025. The ratification, approved by the Ukraine Parliament, includes a reservation under Article 124 of the Rome Statute invoking a seven-year deferral of the ICC’s jurisdiction over war crimes. More information is available here.

October 29, 2024 – Ukraine. The United Nations Independent International Commission of Inquiry on Ukraine concluded that Russian authorities committed crimes against humanity in Ukraine, including torture and sexual violence. More information is available here.

May 20 – Nov. 21, 2024: Israel (and Situation in Palestine)

May 20, 2024. Prosecutor Khan announced an application for arrest warrants related to the Situation in Palestine that includes three Hamas leaders and two Israeli leaders. See announcement at https://www.icc-cpi.int/news/statement-icc-prosecutor-karim-aa-khan-kc-applications-arrest-warrants-situation-state.

June 3, 2024. The Biden administration issued a Statement of Administrative Policy, opposing congressional efforts to sanction personnel of the ICC. https://www.whitehouse.gov/wp-content/uploads/2024/06/SAP-HR8282.pdf.

June 4, 2024. the US House of Representatives passed a bill to create a new statute, the Illegitimate Court Counteraction Act, which would impose sanctions if the International Criminal Court engaged in any effort to investigate, arrest, detain, or prosecute any protected person of the United States and its allies. HR8282/HR3596

August 6, 2024. The US submitted observations in an ICC case concerning the ICC arrest warrants for Israeli leaders addressing the Court’s jurisdiction over nationals of non-state parties, and the effect of Oslo accords on ICC jurisdiction. This submittal is believed to be the first by the US directly in ICC cases. More information is available here.

August 23, 2024. Prosecutor Khan submitted a brief on claims the ICC lacks jurisdiction, requesting no delay in issuing the arrest warrants. See copy at Prosecution’s consolidated response to observations by interveners pursuant to article 68(3) of the Rome Statute and rule 103 of the Rules of Procedure and Evidence | International Criminal Court (icc-cpi.int).

September 2, 2024. The UK government announced it was suspending delivery of some weapons to Israel out of concern those could be used in violation of international law. As of September 2, no arrest warrants related to Israel or Palestine had been issued. See UK says it’s suspending some arms exports to Israel over the risk of breaking international law – ABC News (go.com).

November 17, 2024 – Senator John Thune Advocates for Senate Passage of ICC Sanctions Legislation: On, Senator John Thune in a press release pushed for the US Senate to pass legislation previously passed by the House of Representatives, H.R. 8282, titled the Illegitimate Court Counteraction Act, which would impose sanctions on ICC personnel involved in the prosecution of Israeli leaders.

November 21, 2024. ICC PreTrial Chamber I issued an arrest warrant for Hamas leader Diab Ibrahim Al-Masri, commonly known as ‘Deif’, for alleged crimes against humanity under Article 7 and war crimes under Article 8 committed on the territory of the State of Israel and Palestine from at least 7 October 2023. The prosecutor sought warrants for three Hamas leaders, but since that time, at least two were killed. Israel claimed Deif was also killed but that has not been confirmed. More information is available here.

November 21, 2024 – ICC Pre-Trial Chamber I rejected  Israel’s challenges, filed on September 20, 2024, under Articles 18 and 19 of the Rome Statute, which argued against the Court’s jurisdiction over the Prosecutor’s requests for arrest warrants for Benjamin Netanyahu and Yoav Gallant. The Chamber also issued secret arrest warrants, finding reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity, from at least October 8, 2023, to May 20, 2024. More information is available here. 

Developments in Other Areas

June 2024. Expanding the ICC’s jurisdiction to include Joint Criminal Enterprise (JCE) as a basis for criminal liability was the subject of an article published in the Contemporary Justice Review. See Full article: The International Criminal Court and responsibility for mass atrocities: Can JCE enhance capacity to hold masterminds accountable? (tandfonline.com).

August 6, 2024 – Darfur, Sudan. The Prosecutor provided the most recent semi-annual update on this Situation that was based on a referral in 2005 from the United Nations Security Council. See Statement of ICC Prosecutor, Karim A. A. Khan KC, to the United Nations Security Council on the Situation in Darfur, pursuant to Resolution 1593 (2005) | International Criminal Court (icc-cpi.int), and previous reports in ILS News archives.

September 4, 2024 – Mali. A sentencing hearing was held following the conviction of Al-Hassan Abdoulaziz, the former head of the Islamic Police in Timbuktu, Mali.  On June 26, 2024, Al-Hassan was found criminally responsible for crimes against humanity and war crimes, including torture, mutilation, and imposing sentences without a judgment. In some cases, he was found to have direct responsibility, and for others aiding and abetting or contributing to such crimes.

With respect to charges of war crimes and crimes against humanity of forced marriages, sexual slavery, and rape, the Chamber found the crimes were committed; however, there was insufficient evidence to hold Al-Hassan criminally responsible. The 822-page judgment includes separate, partly dissenting opinions and provides new guidance and insights on adjudicating sex-based crimes against humanity. See Public redacted version of Trial Judgment | International Criminal Court (icc-cpi.int). 

July 17, 2024 – 26th Anniversary of the ICC. On the Day of International Criminal Justice, 124 States Parties to the Rome Statute commemorated the treaty’s 26th anniversary and its establishment of the ICC to combat impunity for genocide, war crimes, crimes against humanity, and the crime of aggression. More information is available here.

September 30, 2024 – Lithuania. Lithuania referred alleged crimes against humanity in Belarus under Article 14 (1), citing jurisdiction based on conduct occurring in the territory of Lithuania.  More information is available here.

October 4, 2024 – Libya. ICC Pretrial Chamber I unsealed warrants of arrest regarding alleged war crimes and crimes against humanity committed in Tarhunah for six Libyan nationals: Abdurahem Khalefa Abdurahem Elshgagi, Makhlouf Makhlouf Arhoumah Doumah, Nasser Muhammad Muftah Daou, Mohamed Mohamed Al Salheen Salmi, Abdelbari Ayyad Ramadan Al Shaqaqi and Fathi Faraj Mohamed Salim Al Zinkal. More information is available here.

October 28, 2024 – New Investigation. Prosecutor Karim Khan requested an investigation by the Independent Oversight Mechanism of the ICC into allegations of sexual misconduct against him, which he denies. Following consultations with the Assembly of States Parties (ASP) Bureau, an external investigation is being pursued to ensure an independent and impartial process, with all parties urged to fully cooperate. More information is available here.

November 1, 2024 – Democratic Republic of the Congo (DRC). The Appeals Chamber ruled on former Congolese militia leader Bosco Ntaganda’s reparation order, upholding the trial court decision appealed by attorneys for victims of war crimes and crimes against humanity committed in Ituri, DRC, in 2002-2003. The Chamber made one amendment to incorporate relief granted in a prior trial court decision that had been withdrawn following an earlier appeal. More information is available here. Background: On 8 July 2019, Trial Chamber VI found Mr. Ntaganda guilty of 18 counts of war crimes and crimes against humanity, committed in Ituri, DRC, in 2002-2003. On November 7, 2019, Mr. Ntaganda was sentenced to a total of 30 years of imprisonment. On March 30, 2021, the Appeals Chamber confirmed the conviction and the sentence. On December 14, 2022, Mr. Ntaganda was transferred to Belgium to serve his sentence of imprisonment.

November 7, 2024 – Central African Republic (CAR). ICC Pre-Trial Chamber II unsealed an arrest warrant for CAR militia leader Edmond Beina for alleged war crimes and crimes against humanity committed in Guen in February and April 2014. More information is available here.

November 20, 2024 – Mali. ICC Trial Chamber X sentenced Al Hassan (Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud) to ten years imprisonment for war crimes and crimes against humanity. More information is available here.

November 20, 2024 – Libya.  CC Prosecutor Karim A. A. Khan KC briefed the UN Security Council on progress on investigations in Libya, pursuant to Resolution 1970 (2011), highlighting anticipated arrest warrant applications and ongoing investigations into war crimes and crimes against humanity, including those in Tarhunah. More information is available here.

December 2024: Proposed Amendments to the Rome Treaty are to be considered at the Assembly of State Parties on the following issues.

1. Ecocide – On September 9, 2024, Vanuatu, Fiji, and Samoa Vanuatu, Fiji and Samoa formally proposed an amendment to include ecocide as a crime under the Rome Statute.
2. Slavery & the Slave Trade – Discussions are ongoing regarding the inclusion of slavery and the slave trade as prosecutable offenses within the ICC’s jurisdiction.
3. Jurisdictional Rules – A possible proposed amendment, to make jurisdictional rules for aggression the same as the other crimes within the jurisdiction of the ICC, is likely deferred.

(ICC court records are available at https://www.icc-cpi.int/documents.) ILS FAQs on ICC procedures and key terms were published in the August 2023 edition of ILS News, copy available here.

ITALY HAS ROLLED OUT ITS DIGITAL NOMAD VISA

By Antonello Pierro

1. Overview

In recent years, and especially since the pandemic, remote work has become increasingly popular. Many people would like a flexible lifestyle that allows them to work anywhere in the world, and Italy is certainly a popular destination for digital nomad workers. However, in Italy, it was not possible until now for non-EU citizens to obtain a Visa that would allow them to reside in Italy while working remotely for a foreign employer. 

Finally, Italy has rolled out its digital nomad visa, signaling a welcome to professionals from around the globe seeking to explore Italy.

The Italian Digital Nomad Visa (DNV) for workers from non-EU countries had already been introduced by the Law Decree of January 27, 2022, but had not become operational because the detailed regulations required by law had not been issued.  Finally, with the Decree of February 29 (published in the Official Gazette on April 4, 2024), the Italian Ministry of the Interior defined the procedures and requirements for the entry and stay of highly skilled non-EU workers who intend to work remotely in Italy.   

The DNV is designed for highly specialized non-EU citizens, and it is separated into two categories: “digital nomads”, who are freelancers, consultants, or other independent specialists; and “remote workers”, who are employees of a company. 

2.  Application Requirements 

The main change in the new regulations is that DNV applicants are not subject to the work authorization (Nulla Osta) that is usually required for other types of Visas.  In addition, a further advantage of the DNV is that applicants are not subject to “quotas,” or the system that limits the number of foreigners who can apply for work visas.

The requirements for obtaining the DNV are set out in Article 3 of the new Decree, which state that the applicant must have the following: 

• A minimum annual income from lawful sources of not less than three times the minimum level provided for exemption from participation in health care costs (indicatively about 28,000 euros); 
• Health insurance for medical treatment and hospitalization valid in Italy for the entire period of stay; 
• Documentation proving the availability of a residential property. It will be possible to rent a dwelling, purchase it, take it on loan (rent free) or, alternatively, have a letter of hospitality from relatives or friends;
• Prior experience of at least 6 months in the work activity to be performed as a digital nomad or remote worker; 
•  A contract of employment or of collaboration, in the case of remote workers, for the performance of a work activity that requires the possession of one of the requirements listed in Article 27-quater, Paragraph 1, of the Italian Immigration Act (in other words, these are the highly specialized characteristics of the applicant worker); 
• A statement from the employer or from the client attesting to the absence of criminal convictions in the last 5 years for crimes related to illegal immigration and exploitation of immigrant workers (Article 22, paragraph 5-bis, of the Italian Immigration Act).
• A statement from the employer or from the client attesting to the absence of criminal convictions in the last 5 years for crimes related to illegal immigration and exploitation of immigrant workers (Article 22, paragraph 5-bis, of the Italian Immigration Act). 

3. DNV application process.

The procedure for obtaining DNV requires two different steps. 

The initial application must be submitted to the Italian Consulate of the applicant’s country of residence by providing all documents proving the fulfillment of the above requirements translated into Italian.

Once the entry visa is granted, the applicant must apply for a residence permit at the local Immigration Office (Questura) of the place where residence will be established. It is important to note the deadline by which the Application must be submitted within 8 days from the date of entry into Italy. The applicant following the submission of the Application must go to the Immigration Office located in the municipality where he/she has established residence to be fingerprinted and only then will the Visa (Permit of Stay) be issued. 

The visa will be issued for the duration of one year and can be renewed. The law provides the possibility for the applicant’s family members to obtain the Visa for a Family Reunification (Permesso di Soggiorno per Ricongiungimento Familiare).