ILS NEWS (JULY 2022)

By Tiffany Heah

Dear ILS Members,

We have had another busy quarter. On July 1, 2022, we celebrated the 20^th Anniversary of the entry into force the Rome Treaty of the International Criminal Court by co-sponsoring the program with the International Criminal Court Alliance. We also organized the following webinars: (1) Politics, Headlines and Their Impact on Global Trade Compliance; (2) Model Contract Clauses to Protect Workers’ Human Rights in Supply Chains; (3) Global Commercial Leasing: Beginner’s Guide to Commercial Real Estate Leasing in Spain; (4) Immigration Law 101 and Frequently Asked Questions for New Attorneys; and (5) Human Trafficking 101 and Immigration Remedies. We also co-sponsored a virtual networking mixer with the Los Angeles County Bar Association that was well attended and it was a great opportunity to meet different professionals from various backgrounds. On July 20, 2022, we have a webinar on US Trade Laws and China – An Update which is available to ILS members at a low price of $15. On August 25, 2022, we have a webinar on Special Pathways to Adjustment of Status (Green Cards). On September 7, 2022, we are co-sponsoring a virtual networking event with the Los Angeles County Bar Association.

We are now busy preparing for the upcoming Annual Meeting and we are also working with our foreign friends to organize joint programs for the end of this year. We are hoping to meet up with ILS members and our foreign friends at the upcoming Annual Meeting.

My term as ILS Chair will end on September 18, 2022 and I would like to congratulate (1) Richard Bainter who will succeed me as ILS Chair; (2) Payal Sinha who will be the incoming ILS Vice Chair; (3) Eric Husby who will be the incoming ILS Secretary; and (4) Agustin Ceballos who will continue as ILS Treasurer. Congratulations again to the officers who are appointed for next term. I am confident that ILS is in safe hands under Richard Bainter’s leadership.

[1] Attorney at Law, Law Office of Tiffany Heah, APC.

The US to Take Further Action to Support Ukraine

The US, in coordination with the G7, will implement significant commitments, including sanctions on hundreds of individuals and entities that adds to the over 1,000 already sanctioned, act on evasion by targeting companies in several countries that adds to the over 300 Entity Listings already in place; impose tariffs on hundreds of Russian products worth billions of dollars to Russia. President Biden and other G7 leaders will seek authority to use revenues collected by new tariffs on Russian goods to help Ukraine. G7 leaders are also looking to limit Russia’s revenue from gold. The US Department of the Treasury will issue a determination to prohibit the import of new gold into the US. More information is available here.

Additional Chinese Firms Accused of Assisting Russian Military

The US Department of Commerce has added five Chinese technology and logistics companies to an export blacklist, prohibiting US firms from exporting to them, because of allegations that the Chinese companies have supported Russian military operations. For a complete list of entities that have been identified to have been involved, that are involved, or that pose a significant risk of being involved in activities contrary to the national security or foreign policy interest of the US, click here.

Ukraine’s Application Against Russia before the International Court of Justice

A joint statement was issued on behalf of Albania, Andorra, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Marshall Islands, Moldova, Monaco, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Palau, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, the United Kingdom, the United States, and the European Union to support Ukraine’s Application instituting proceedings against the Russian Federation before the International Court of Justice under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, which seeks to establish that Russia has no lawful basis to take military action in Ukraine on the basis of unsubstantiated allegations of genocide. A copy of the joint statement is available here.

G7 Reaffirms Long-Term Support of Ukraine

During its summit held June 27-28, 2022, G7 members issued a formal statement of it long-term support of Ukraine. Their financial support in 2022 exceeds $2.8 billion in humanitarian aid, and $29.5 billion in budget aid. G7 support includes an international reconstruction conference and plan, to be drafted and implemented by Ukraine in coordination with international partners. More information is available here.

Multinational Russian Elites, Proxies, and Oligarchs (REPO) Task Force – First 100 Days

On June 28, 2022, the US Department of Justice reported on the culmination of efforts in the first 100 days of the REPO task force. Milestones include:

• Over $30 billion worth of sanctioned Russians’ assets blocked or frozen in financial accounts and economic resources,
• Approximately $300 billion of Russian Central Bank assets, and
• Access to the global financial system restricted, impeding Russia from technology to sustain its unprovoked war against Ukraine.

REPO tax members include Australia, the European Union, Japan, the US, and the United Kingdom. More information is available here.

International Digital Economy and Telecommunication Advisory Committee (IDET)

The Department of State has renewed the charter of the IDET for two years. The IDET will provide views and advice to the US Department of State on international policy issues related to the digital economy, digital connectivity, economic aspects of emerging digital technologies, telecommunications, and communication and information policy matters. The IDET includes members of the telecommunications industry, organizations, institutions, or entities with specific interests in the digital economy, digital connectivity, economic aspects of emerging digital technologies, and communications and information policy matters; academia; civil society; and officials of interested government agencies.

Termination of the “Remain in Mexico” Policy

On June 30, 2022, the Supreme Court held that the US Government’s rescission of the Migrant Protection Protocols did not violate Section 1225 of the Immigration and Nationality Act. More information is available here.

Parties to Private Arbitration May Not Seek Assistance of Federal Courts

On June 13, 2022, the Supreme Court held that parties to private arbitration abroad may not seek the assistance of federal courts in gathering evidence for use in those arbitrations. Only a governmental or intergovernmental adjudicative body constitutes a “foreign or international tribunal” under 28 U.S.C. § 1782(a). Such bodies are those that exercise governmental authority conferred by one nation or multiple nations. Thus, a private commercial arbitration abroad does not qualify, nor does an arbitral panel formed pursuant to an international treaty unless the parties to that treaty conferred governmental authority on the arbitral panel. More information is available here.

Alien Tort Statute (ATS)

Six individuals from Mali alleged that they were trafficked into Ivory Cost as child slaves to produce cocoa at farms which sold its cocoa and received technical and financial resources from Nestle USA, Inc. (Nestle) and Cargill, Inc. (Cargill). Nestle and Cargill were sued under the ATS which allows federal courts to hear claims brought by an alien for tort only committed in violation of the law of nations or a US treaty. On June 17, 2022, the US Supreme Court held that the respondents were improperly seeking extraterritorial application of the ATC since all the conduct that they allege aided and abetted forced labor occurred in Ivory Coast. To support a domestic application of the ATC, the individuals must allege more domestic conduct than general corporate activity common to most corporation. More information is available here.

The US Supreme Court Interprets the Hague Convention on the Civil Aspects of International Child Abduction

In the case, Golan v. Saada, the U.S. Supreme Court unanimously held that the Hague Convention on Child Abduction does not require US courts to consider all possible ameliorative measures that could ensure a child’s safe return to his/her country of habitual residence. Instead, a court may consider ameliorative measures if the consideration of such measures prioritizes the child’s physical and psychological safety. The Supreme Court reaffirmed that the primary goal of the Convention is the safety of the child.

For more analysis of the case, see “Justices broaden trial courts’ discretion in child-custody disputes under Hague Convention,” by Amy Howe.

Memorandum of Cooperation (MOC) between Canada and California

On June 9, 2022, the Government of Canada and the Government of the State of California signed an MOC to fight climate change, reduce pollution, cut back on plastic waste, advance zero-emission vehicles, protect the environment, and build climate resilience. A copy of the MOC is available here. 

MOC between New Zealand and California

On May 27, 2022, the Government of New Zealand and the Government of the State of California signed a MOC to address climate change, reduce pollution, and bolster a clean economy, emphasizing community resilience and partnership with indigenous leaders. A copy of the MOC is available here. 

Partnership for Global Infrastructure (PGII)

On June 26, 2022, President Biden announced that the US aims to mobilize $200 billion for PGII over the

next five years through grants, federal financing, and leveraging private sector investments. Together with G7 partners, the goal is to mobilize $600 billion by 2027 in global infrastructure investments.

PGII was launched to mobilize funds and deliver quality, sustainable infrastructure that makes a difference in people’s lives around the world, strengthen and diversify supply chains, create new opportunities for workers and business and advance national security. More information is available here.  

21st Century Challenges

On June 28, 2022, President Biden met with G7 leaders to strengthen cooperation on 21st century challenges including:

• Committing to a unified approach to confront China’s unfair economic practices;
• Elevating supply chain resilience;
• Cooperating on cyber and quantum technology;
• Advancing Trade and Technology Council standards for democratic, market-oriented approaches to trade;
• Improving the multilateral framework for debt restructuring;
• Committing to tackle forced labor and upholding human rights; and
• Reaffirming the importance of democratic resilience.

More information is available here.

Proposal for Corporate Sustainability Reporting Directive (CSRD)

The European Commission is proposing a CSRD which adopts the EU’s sustainability reporting standards and amends the existing reporting requirements of the Non-Financial Reporting Directive. The proposal:

• extends reporting requirements to all large companies and all companies listed on regulated markets (except listed micro-enterprises);
• requires the audit (assurance) of reported information;
• introduces more detailed reporting requirements and a requirement to report according to mandatory EU sustainability reporting standards; and
• requires companies to digitally ‘tag’ reported information, so that it is machine readable and feeds into the European single access point envisaged in the capital markets union action plan.

The first set of standards would be adopted by October 2022. For a copy of the proposal, click here.

The ICSID has published the 2022 ICSID Rules and Regulations for resolving international investment disputes, which come into effect on July 1, 2022.

The updated rules for arbitration, mediation, conciliation, and fact-finding are the outcome of over five years of collaboration with state officials, legal counsel, adjudicators, businesses representatives, and civil society. They incorporate innovations designed to make ICSID cases more efficient for parties, broaden access to ICSID’s facilities and services, and ensure greater public transparency in the conduct and outcome of proceedings.

This is the first amendment to the ICSID rules since 2006, and the most extensive modernization of ICSID procedures in the Centre’s history.

Innovations introduced in the 2022 Rules and Regulations include:

• Numerous measures designed to make cases more efficient, such as mandatory case management conferences and precise deadlines for key steps in ICSID procedures. New expedited arbitration rules will also be available to parties, which reduce case times in half.
• The arbitration rules further enhance the transparency of ICSID orders, decisions, and awards, while also assisting parties in identifying confidential information and

• specifying that protected personal information cannot be publicly disclosed.
• A broader range of parties will have access to ICSID’s specialized rules and services. The ICSID Additional Facility—originally established in 1978—is now available for arbitration and conciliation proceedings where one or both disputing parties are not an ICSID Member State or a national of one. This contrasts with arbitration and conciliation under the ICSID Convention, which are only available to Member States and their nationals. 
• Regional Economic Integration Organizations (REIOs)—such as the European Union—may also be a party to proceedings under the amended Additional Facility Rules. This accommodates international investment agreements that are signed by an REIO on behalf of regional entities. 
• Entirely new rules for mediation and fact-finding are also offered at ICSID. These provide parties with a time and cost-effective means to seek an amicable settlement to disputes—and may be used on their own or in conjunction with an arbitral proceeding. 
• For the first time, the disclosure of third-party funding is required throughout the life of a case to avoid conflicts of interest that may arise out of such financing arrangements.

The 2022 versions of the ICSID Rules and Regulations are available in PDF and HTML formats in English, French, and Spanish. 

On June 27, 2022, Switzerland’s Federal Criminal Court found Credit Suisse and a former employee guilty of money laundering in connection with a Bulgarian cocaine-trafficking ring. The court said the bank did not do enough to prevent money laundering through the employee, who prosecutors say routinely received suitcases of cash from a ring member. The bank, which plans to appeal the ruling, faces a $2.1 million fine and an order to pay the Swiss government $20 million. More information is available here.

On May 9, 2022, Transparency International published its 2021 Annual Report. The highlights in 2021 includes:

• Ending secretive corporate structure everywhere;
• Exposing how corruption crippled lifesaving COVID-19 responses;
• Launching the 10-year strategy, Holding Power to Account;
• Made it a priority to protect anti-corruption activists; and
• Expanding the world’s largest survey on the impact of corruption in daily life.

To download the 2021 Annual Report, click here.

By Sean Butler[2]

The Rome Treaty creating the ICC International Criminal Court (ICC) was agreed upon by a vote of 120 in favor and seven against after a 5-week international Rome treaty conference, on July 17, 1998. The treaty entered into force in less than four years, on July 1, 2002. There are many accomplishments of the ICC in those 20 years and the ICC is a permanent part of the system of international justice. Twenty years of the ICC is cause for celebration.

What is the ICC?

The ICC is an international treaty-based organization, independent of the United Nations (UN) but with an agreement to work with the UN, including accepting referrals from the UN Security Council (UNSC). The ICC is the first permanent international court established to try individuals accused of atrocity crimes and is a court of last resort with complementary jurisdiction to national courts. The ICC can only act if there is no national court able or genuinely willing to investigate and, if warranted, prosecute. One purpose of the ICC is to fill gaps when no other courts are genuinely willing or able to act. There are limits to the jurisdiction and powers of the ICC. The ICC has subject matter jurisdiction over the crimes of genocide, war crimes and crimes against humanity. The crime of aggression was always intended to be included in the Rome Treaty and an amendment to the treaty included the definition of the crime of aggression, effective as of July 2018. For aggression, the nations of the individuals accused must have ratified or acceded to the aggression amendment. Pursuant to the Rome Treaty, the ICC has personal jurisdiction over individuals who are nationals of state parties or who committed the alleged crimes on the territory of a state party. Some nations dispute that the ICC properly has jurisdiction over individuals who are nationals of nations that are not state parties even if the alleged criminal conduct occurred on the territory of a state party. Nations that are not parties can submit declarations accepting the jurisdiction of the ICC. Cases can be initiated by referrals from state parties, by UNSC referrals, and by the prosecutor acting on his or her own initiative (in proprio motu). The ICC has investigators but no police force and relies on the cooperation of nations for purposes of obtaining custody of those accused.

The ICC is a hybrid of common and civil law. The ICC allows participation of victims in the proceedings. The Assembly of States Parties (ASP) governs the ICC, with voting power for nations that are parties and observer status for nations that are not parties to the treaty.

The ICC Accomplished Much in 20 Years

The US, following the legacy of the post WWII Nuremberg tribunal, was a proponent of a permanent international criminal court. The US negotiated and contributed to the wording of the Rome Treaty, the elements of crimes, the rules of procedure and evidence, and the regulations of the court. However, the US was one of seven nations to vote against the treaty on July 17, 1998.

Between July 17, 1998 and December 31, 2000, 138 nations signed the Rome Treaty, which has significance pursuant to the Vienna Convention on Treaties. The US signed the Treaty December 31, 2000 (under the Clinton administration), but “withdrew” the signing on May 6, 2002 (under the Bush administration). Russia initially signed but withdrew its signing on November 16, 2016.

Between July 17, 1998 and March 3, 2016, 124 nations ratified the Rome Treaty. All NATO members, except Turkey and the US, are among the current 122 state parties (Burundi and The Philippines withdrew from the Treaty). The ICC is headquartered in The Hague, The Netherlands, and “inaugurated” its court operations on March 11, 2003. The court has pre-trial, trial and appeal chambers. There are eighteen judges who serve for periods of nine years. The President, First Vice-President and Second Vice-President are judges and elected by the judges. The Registry acts as clerk of the court and administrative coordination, including of defense counsel. There is an Office of the Prosecutor that acts independently from the court. There is an independently funded Trust Fund for Victims.

Office of the Prosecutor (OTP) Cases

Over the last 20 years, the OTP conducted investigations into 17 situations and issued 37 arrest warrants against the defendants. Three warrants were withdrawn following the defendant’s death, and 11 defendants remain at large. The following cases have been brought before the ICC arising out of situations occurring in eight nations:

• Democratic Republic of Congo (self referral): 2004 – Charges of crimes against humanity and war crimes in eastern DRC: 6 cases, 3 convictions, 1 case charged declined, 1 acquittal, and 1 accused at large;
• Uganda (self-referral): 2004 – Charges of crimes against humanity and war crimes in northern Uganda: 2 cases, 1 convicted/under appeal 2 accused at large;
• Sudan (Darfur) (UNSC referral): 2005 -Charges of crimes against humanity, war crimes, and genocide: 6 cases, 1 in trial, 4 accused at large, and 1 charge declined;
• Central African Republic I and II (self-referrals):
  •  (CAR-I) 2007 – Charges of crimes against humanity and war crimes: 2 cases, 1 acquittal and 1 conviction; and
  • (CAR-II) 2014 – Charges of war crimes and crimes against humanity: 3 cases, 1 in trial 1 set for trial 9/2022 and 1 in Pre-Trial;
• Kenya (proprio motu): 2010 – Charges of crime against humanity in post-election violence: 4 cases, 1 dismissed, 1 charge withdrawn, 1 case with 2 suspects at large and 1 in trial-closing statements;
• Libya (UNSC referral):  2010 – Charges for crimes against humanity and war crimes: 3 cases, 2 caseswith suspects at large, for 2 accused the case dropped with death of accused, and 1 dropped as inadmissible based on domestic proceedings in Libya. The OTP has ongoing investigations of crimes committed in detention centers, crimes committed from 2014-2020, and crimes against migrants ongoing;
• Cote d’Ivoire (proprio motu): 2011 – Crimes against humanity in post-election violence: 2 cases, 1 both acquitted and 1 charge withdrawn;
• Mali (self-referral): 2012 – Crimes against humanity in Timbuktu: 2 cases, 1 convicted and 1 in trial.

Investigations-Rome Statute Article 53

There are ongoing investigations regarding eight other situations:

• Republic of Georgia: January 2016 authorization to investigate alleged crimes against humanity and war crimes in and around South Ossetia between July 1 and October 10, 2008: 3 arrest warrants issued on May 10, 2022.
• Burundi: October 2017 authorization, in proprio motu, to investigate crimes against humanity allegedly committed in Burundi or by nationals of Burundi outside Burundi since 26 April 2015 until 26 October 2017.
• Palestine: On January 1, 2015, the Government of Palestine lodged a declaration accepting ICC jurisdiction over alleged crimes committed “in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014.” On March 3, 2021, the OTP announced opening of the investigation following the decision on February 5, 2021 that the Court could exercise its criminal jurisdiction in the Situation in Palestine, and that the territorial scope of this jurisdiction extends to Gaza and the West Bank, including East Jerusalem.
• Bangladesh/Myanmar: November 2019 authorization to investigate alleged crimes against humanity in the People’s Republic of Bangladesh/Republic of the Union of Myanmar.
• Afghanistan: March 2020 appeals of Chamber authorization to investigate alleged crimes against humanity and war crimes in committed on Afghanistan’s territory since May 1, 2003, and other alleged crimes with a nexus to the armed conflict in Afghanistan and sufficiently linked to the Afghanistan situation and committed on the territory of States Parties since July 1, 2002 (including operation of so-called “black sites” by the US on territory of state parties). The former government of Afghanistan requested deferral based on complementarity, which request remains pending.
• Philippines: September 2021 Pre-Trial Chamber I authorization of investigation of crimes against humanity on the territory of the Philippines between November 1, 2011 and March 16, 2019 in the context of the so-called ‘war on drugs’ campaign. In November 2021, the Philippines’ government requested deferral of the investigation because national authorities were investigating. On June 24, 2022, the OTP filed an application to resume its investigation because the Philippines’ government failed to conduct its investigation. 
• Venezuela I: September 2018 referral received by OTP from Argentina, Canada, Colombia, Chile, Paraguay, and Peru regarding the situation in Venezuela since  February 12, 2014. On November 3, 2021, the OTP announced that the preliminary examination had been concluded with a decision to proceed with investigations.
• Ukraine: On March 1 and 2, 2022, the OTP received a referral from 43 States Parties to the Rome Statute regarding the situation in Ukraine. On March 2, 2022, the OTP announced opening of an investigation into the Situation in Ukraine which includes war crimes, crimes against humanity or genocide committed on the territory of Ukraine from November 21, 2013, onwards.

Preliminary Examinations (the Stage Where the OTP Determines if There Is a Basis to Open an Investigation Pursuant to Rome Treaty, Article 53(1))

The OTP continues monitoring the three situations in:

• Guinea (crimes against humanity committed September 28, 2009, in Conakry, Guinea);
• Nigeria (seeking authorization from Pre-Trial Chamber to open investigation); and
• Venezuela II (self-referral in February 2020.)

The OTP decided not to proceed with the following Preliminary Examination of seven situations:

• Colombia (October 2021 decision based on complementarity and assurances of domestic action to investigate);
• Honduras (2015 decision of no reasonable basis to proceed);
• Republic of Korea (2014 decision that statutory requirements to seek initiation of investigation not met);
• Registered Vessels of Comoros, Greece and Cambodia (regarding Israeli boarding of vessels, November 2017 decision that information did not provide a reasonable basis to proceed);
• Iraq/UK (December 2020 decision based on admissibility/complementarity that UK would properly investigate/prosecute);
• Gabon (September 2018 decision of no reasonable basis to proceed); and
• Plurinational State of Bolivia (February 2022 decision of no reasonable basis to proceed.)

The ICC Benefits the Cause of International Criminal Justice

Before the ICC, ad hoc tribunals were established after the fact of certain alleged crimes. Defendants claimed they were being charged with crimes that were not against the law at the time the acts were committed because the ad hoc tribunals were formed after the fact. Ad hoc tribunals may still be needed for situations involving nations that are not parties to the Rome Treaty and for crimes not committed on the territory of state parties, or for charges of waging a war of aggression. However, having the ICC means that for many situations involving allegations of atrocity crimes there is an existing court with established elements of crimes and rules of procedure and evidence.

The importance of the ICC is highlighted by allegations of atrocity crimes committed in connection with the invasion of Ukraine by Russia. On February 28, 2022, Prosecutor Khan announced a decision to seek authorization for an investigation into alleged crimes in Ukraine. For a case initiated by the OTP in proprio motu, authorization for an investigation is required from a Pre-Trial Chamber. For referrals from state parties, that authorization is not required. Within two days of the announcement, 39 nations had referred the situation in Ukraine. Between March 11 and April 2, 2022, another four had joined, bringing the number to 43 State Parties and asking that the ICC investigate the allegations of war crimes and crimes against humanity allegedly committed in Ukraine. Since then, the investigation expanded to include allegations of genocide.

In May 2022, the US Department of State announced the establishment of the Atrocity Crimes Advisory Group, in coordination with the EU and UK. As part of the Department of State announcement, the following was included: “[the ACA] will closely associate its activities with the ongoing operational work taking place in cooperation with EU Member States, partner third countries and the International Criminal Court, including the Joint Investigation Team coordinated by Eurojust.”

Having a permanent ICC materially and substantially furthers the cause of accountability for atrocity crimes pursuant to established laws of international criminal justice. The 20 years since entry into force of the Rome Treaty have shown the ICC is an impartial, fair court worthy of support of all nations. Because it has limits on its ability to exercise personal jurisdiction and based on the lack of its own police force, it requires the assistance and cooperation of nations to be effective. It is time for the US to join the ICC.

[2] Attorney and Board President of the International Criminal Court Alliance, Los Angeles.

Watch It Here >>

On July 1, 2022, ILS and the ICC Alliance organized a program to celebrate the 20^th Anniversary of the coming into force the Rome Treaty of the ICC. The program was moderated by Sean Butler and the speakers were:

IRYNA ZAVERUKHA, Adjunct Associate Professor of Law at Southwestern Law School. Professor Iryna Zaverukha has taught at LNU, Ukrainian Catholic University and Southwestern Law School, including the subjects of Public International Law and International Criminal Law. Besides teaching, she served as Deputy Dean of the Law School, and later, as Head of the Administrative and Financial Law Department at the L’viv National University in Ukraine. During her 20 years of teaching experience, she has taught in Ukraine, Poland, Kuwait, and the US. She obtained a J.D. at Ivan Franko L’viv National University (LNU); an LL.M. at University of Southern California; a Ph.D. at Taras Shevchenko Kyiv National University; and an S.J.D. at The Institute of Legislation of the Verkhovna Rada of Ukraine.

KRISTIN SMITH, Director, Atrocity Crimes Initiative (American Bar Association’s Criminal Justice Section & Center for Human Rights). Kristin Smith directs the Atrocity Crimes Initiative, a group of projects on atrocity prevention, response, and accountability jointly supported by the American Bar Association’s Criminal Justice Section and Center for Human Rights. Through the Atrocity Crimes Initiative, she works with several global groups of experts to construct standards and best practices in international criminal justice, strengthen the International Criminal Court and US support for international justice institutions, and to further research, public debate, and support for atrocity prevention laws and policies. She has written gender-sensitive analyses on responses to atrocities in Iraq and Myanmar, and technical comments submitted to the Universal Periodic Review of the United States, the Review of the International Criminal Court, and the ICC Office of the Prosecutor’s consultation on gender persecution. Prior to the ABA, she worked as a Legal Fellow at the Global Justice Center in New York and the Whitney R. Harris World Law Institute at Washington University, and as a legislative analyst and criminal prosecutor in Oregon. She is a graduate of the University of Notre Dame and Washington University in St. Louis School of Law. For those who missed the program, it is now available on CLA’s YouTube channel

 By Radulf Mohika[3]

Ukraine

On April 27, 2022, the OTP reported to the UNSC that his office will “ensur[e] accountability for atrocities committed in Ukraine” and “the law applies to all sides, all parties to the conflict, whether Ukraine or the Russian Federation, whether state actors or non-state actors.” The OTP signed a joint investigation team (JIT) agreement with Ukraine, Poland, and Lithuania, and there are nine other structural investigations underway. The joint investigation team is under the auspices of Eurojust, and allows rapid and real time accessibility and collection of relevant information. The OTP has sent three communications to the Russian Federation but has not received a response. More information is available here.

On May 17, 2022, the OTP announced a deployment of 42 investigators, forensic experts and support personnel who will work with national investigators in Ukraine to accelerate the investigation. This is the largest single field deployment investigation deployed by the OTP. The OTP expressed appreciation to the Government of The Netherlands for strong cooperation with a significant number of Dutch national experts. Upon the OTP’s requesting support from State Parties, 21 States agreed to provide seconded national experts and 20 States committed to provide financial contributions. More information is available here.

On May 31, 2022, Eurojust organized a press conference regarding a joint investigation team on alleged crimes committed in Ukraine. This conference can be viewed here.

On June 17, 2022, OTP conducted his third visit to Ukraine (Kharkiv) to witness extensive damage and “accounts of suffering endured by civilians.” Prosecutor Khan stated: “Every person who picks up a gun, drives a tank or launches a missile should know that they can be held accountable where crimes are committed.” Prosecutor Khan met with President Volodymyr Zelensky and senior advisers. More information is available here. The case has been assigned to Pre-Trial Chamber II.

Central African Republic

On May 11, 2022, Prosecutor Khan welcomed a landmark moment by underlining his commitment to support the Special Criminal Court of the Central African Republic (SSC) in Bangui with the principle of complementary. The Prosecutor underlined his commitment to strengthening cooperation between the OTP and SCC: “I have been clear since I took up office one year ago. Justice is best delivered closest to those impacted by crimes. We should support all efforts that aim to engage with and empower communities, that allow them to participate more directly in the process of justice. The SCC is an excellent example of how this partnership between the international community,

national authorities and local actors can result in tangible steps towards this goal.” More information is available here.

On June 23, 2022, the OTP announced its partnership with the Argentine Forensic Anthropology Team and Columbia Law School of Human Rights Clinic to conduct exhumation and forensic examination on ongoing investigation into crimes. The Prosecutor stated that “[t]he conduct of forensic activities can be crucial in advancing our work to get to the truth and ultimately deliver justice for victims and survivors. But it is also a moment that can give rise to deep sorrow and a reliving of experiences by affected communities. It is essential that this work is done in partnership with them. We must ensure they feel empowered as part of this step towards accountability”. The team consists of “over 20 technical experts from 10 countries, including archaeologists, pathologists, odontologists, anthropologists, ballistic experts, and morgue technicians. More information is available here.

Kenya

On March 24, 2022, the Prosecutor completed his case against Paul Gicheru, a lawyer based in Kenya, who is accused of offenses against the administration of justice by corruptly influencing witnesses. On April 25, 2022, the Defense announced that it will not present any evidence. Closing statements were scheduled for June 27, 2022. More information is available here.

Mali

On May 9, 2022, the Defense began its presentation of evidence that is ongoing. Al Hassan Ag Abdoul Aziz is accused of crimes against humanity and war crimes, consisting of crimes of sexual violence in Mali between April 2012 and January 2013. More information is available here.

OTP Initiative to Strengthen Engagement with Civil Society

• On May 13, 2022, the Prosecutor announced a new initiative to strengthen the role of civil society by introducing the following steps: Hosting two thematic roundtables with non-governmental organizations (NGOs) each year in addition to the existing annual ICC-NGO roundtable to review specific policy areas in which the OTP believes the input and perspective of NGOs would be of particular benefit.
• Development and publication of guidance materials for NGOs to support OTP in engaging with witnesses and survivors in a manner that preserves the integrity of potential testimony that could be relied on in criminal proceedings and reduces the risk of re-traumatization.
• Drawing on the establishment of an enhanced field-presence of the OTP, introduction of a new program for engagement with national non-governmental and local community-based organizations in the work of the OTP.
• Further empowerment of teams from the OTP addressing individual situations to engage effectively with NGOs.

More information is available here.

ICC Key Performance-2021 Report

The ICC issued its 2021 Report of the Court on Key Performance Indicators. The report can be downloaded here.

[3] Undergrad at University of Southern California and part of the International Criminal Court Alliance in Los Angeles.

Chair: Tiffany Heah

Vice Chairs:

• Richard Bainter
• Cathy Carlisle

Secretary: Melissa Allain

Treasurer: Agustín Ceballos

ILS NEWS:

• Cathy Carlisle (Editor-in-Chief)
• Melissa Allain (Managing Editor)

Members:        

• Daniel Alef
• Robert E. Lutz
• Hon. James P. Kleinberg (Ret.)
• Payal Sinha
• Bob Bowen
• Eric Husby

ILS Representative: Enrique Hernandez

Immediate Past Chair: William Tolin Gay

Section Manager: Mycah Hetzler

Administrative Specialist: Joshua Caldwell

7/20/2022 Webinar: US Trade Laws and China – An Update

ILS Members pay a low price of $15.

An overview of recent changes in the US Export Administration Regulations and US Office of Foreign Assets Control Regulations that impact customers, business operations, investments, and supply chain actors in China. Enroll here.

ILS sponsored or co-sponsored the following live webinar events during the second quarter of 2022. All programs are available for viewing in the CLA programs catalog.

Webinar: Politics, Headlines and Their Impact on Global Trade Compliance

This program highlights how export controls are playing a major role in the current state of global affairs and how to maintain compliance in this environment. The subject matter presented will provide insight into managing these global trade control issues and staying up to date with export control policy and related regulations, will further understanding of the complexities of related business transactions, and will help counsel better support a company’s international business.

Webinar: Model Contract Clauses to Protect Workers’ Human Rights in Supply Chains

This webinar will present a set of model contract clauses (the MCCs) and a responsible purchasing code of conduct (the Buyer Code) to better protect workers’ human rights in supply chains. The MCCs and the Buyer Code can be included in international supply agreements between purchasing firms (e.g., retailers or brands) and their suppliers (e.g., manufacturers, factories, farms, fishing companies). The MCCs are designed to improve the social and human rights performance of international supply contracts, and, by extension, global supply chains. Their adoption promotes the “S” in ESG (Environmental, Social, and Governance) and supports mission implementation for purpose-driven businesses. It would enable companies to be more closely aligned with the UN Guiding Principles on Business and Human Rights and the OECD guidance for multinational enterprises. It would also facilitate compliance with the emerging legal requirements coming out of the EU pertaining to human rights due diligence.

Webinar: Global Commercial Leasing: Beginner’s Guide to Commercial Real Estate Leasing in Spain

Topics to be covered include: lease economics, lease registration, assignment & subletting, landlord remedies, tenant remedies for landlord defaults, lease exit strategies, typical security deposit requirements, formalities of lease execution, relevant tax issues, and extension protocols.

The Immigration Law Committee currently compiles immigration updates on a monthly basis. Please check out the monthly immigration updates available on the ILS website.

8/25/2022 Webinar: Special Pathways to Adjustment of Status (Green Cards)

This webinar will review non-standard methods for obtaining LPR status, including INA Section 245(i), U Visa, Military PIP, TPS and DACA. This webinar will also feature updates regarding court and government decisions effecting these options. The focus will be on those already in the US and who might not be eligible for traditional Adjustment of Status through family. Enroll here.

ILS sponsored or co-sponsored the following live webinar events during the second quarter of 2022. All programs are available for viewing in the CLA programs catalog.

Webinar: Immigration Law 101 and Frequently Asked Questions for New Attorneys.

This webinar is intended as an introduction to the basics of Immigration Law for new attorneys and those new practicing Immigration. This webinar will focus on family-based immigration, options for individuals and removal defense issues. The webinar will give overviews of common case types and scenarios and respond to frequently asked questions for new practitioners.

Human Trafficking 101 and Immigration Remedies

This webinar will discuss elements of human trafficking, as well as immigration remedies, particularly the T Visa, which provides critical relief to victims of human trafficking, and its requirements and process. It will also discuss recommendations regarding how to serve a service seeker in a more trauma-informed manner as well as how to enroll them in other social service relief, and ethical considerations while advocating for survivors.

The ILS encourages members and non-members alike to submit articles for inclusion in its publications. Articles submitted for publication will be considered by the ILS Publications Committee to assess whether they conform to the publications guidelines (below), as well as whether they are a good fit for a particular issue. Acceptance of an article will depend on the above factors, as well as timeliness, editorial schedule, etc. Please send all submissions to ils@calawyers.org.

Guidelines for such submissions are described below:

Topic/Tone:

Articles should be on topics of interest to a sizable number of international and immigration law practitioners. Acceptable types of articles include updates on current developments, practitioner guides to a particular subject, practice tips and reasoned presentation and analysis of current issues.

Length: 

 Articles should not exceed 1500 words.

Citations: 

 Hyperlinks are preferred where possible; otherwise, endnotes in Bluebook format are acceptable. We encourage citations to be kept to a minimum.

Format:

 Please submit articles in Word.

Author Bio:

 Please provide one or two sentences summarizing the author’s professional background and CLA affiliation together with a photo. You may also include a disclaimer that the views expressed are those of the author and do not necessarily reflect the views of their employer.