ILS News – July 2025

One of our articles this month features a story on illegal wildlife trade and the success of Operation Thunderstorm which included the rescue of 20,000 live animals. The illegal wildlife trade is a disturbing global issue, generating billions of dollars annually and impacting thousands of species. Wildlife trafficking is listed as a top global crime behind narcotics, human trafficking and counterfeit products. Some reports also suggest that wildlife trafficking provides substantial funding for transnational criminal groups. So, I am grateful to know that law enforcement is successfully collaborating to protect all wildlife from harm and abuse.  If you like exotic animals, I recommend a heartwarming story of resilience about a pangolin named Kulu on Netflix.

And it was equally heartwarming to see Reginald Holmes’ photos from his South Africa safari in Kruger National Park.  Our section members are experienced international travelers. And so, it is timely for the ILS News to offer an Around the World segment where you are invited to submit your favorite photos and share your travel adventures with your ILS friends.

Our immigration webinar series continues with part two of a two-part series titled Employment Immigration Changes Under the Trump Administration on July 9, 2025. In August, we are co-sponsoring the Procopio Law Firm’s International Litigation & Arbitration Retreat in San Diego. In September, CLA’s hosts its Annual Meeting in Los Angeles where we will be hosting at least a dozen of our international friends. One night includes a home Dodgers Game against the Rockies and as luck would have it, that game is also the Shohei Ohtani bobblehead night.

Finally, if you have not heard about our international conference to Milan, Italy, it is perfectly timed in October for participants to experience mild and pleasant  weather as they earn MCLE, expand their professional network, see Leonardo Da Vinci’s The Last Supper, experience traditional Milanese food, world renown wines and gaze upon Lake Como as lunch is served at Hotel Bellagio, Italy.

If you have not yet joined our section. This is your invitation to do so. There is something for everyone and all are welcome.

Theresa Leets
Chair, International Law and Immigration Section
California Lawyers Association

July 9, 2025 @ 12 Noon – 1:00 PM | REGISTER HERE

1 Hour MCLE | Legal Specialization in Immigration & Nationality Law Credit

As global talent mobility, foreign investment, and workforce demand continue to shape the U.S. economy, staying current on employment-based and investor immigration pathways has never been more essential.

This timely two-part webinar series will examine the evolving landscape of employment-based visas, investor programs, and business immigration strategies considering new regulations, adjudication trends, and policy shifts under the current administration.

Part 2 will focus on both legal insights and practical guidance on securing and managing U.S. immigration options for businesses and highly skilled professionals seeking permanent residency. The discussion will include:

1. Mandatory interviews for employment based green cards
2. Department of Labor Audits, investigations, and employer best practices to balance recruitment strategies with immigration compliance
3. Visa bulletin movement, retrogression concerns and alternative pathways for multinational executives, professionals, and skilled workers 
4. Evaluation of employment history during citizenship application process 
5. The “Trump Gold Card” – Can investors effectively buy US Citizenship?

Carl Shusterman
Carl Shusterman | LinkedIn

Kevin Levine
Kevin Levine | LinkedIn

Josh M. Surowitz
Joshua Surowitz | LinkedIn

Radhika Balaji
           Radhika Balaji | LinkedIn

June 4, 2025 @ 12 Noon – 1:00 PM | REGISTER HERE

1 Hour MCLE | Legal Specialization in Immigration & Nationality Law Credit

As global talent mobility, foreign investment, and workforce demand continue to shape the U.S. economy, staying current on employment-based and investor immigration pathways has never been more essential.

This timely two-part webinar series will examine the evolving landscape of employment-based visas, investor programs, and business immigration strategies considering new regulations, adjudication trends, and policy shifts under the current administration.

Part 1 of the series will be a discussion of key updates and emerging trends in nonimmigrant visas and will include:

1. The January 2025 modernization of H-1B Final Rule and its increased oversight on entrepreneurs
2. Recent H-1B RFE trends including biometrics, prevailing wage issues, and site visits.  
3. Heightened scrutiny of TN visa applicants at the border amid increased enforcement efforts 
4. E- Treaty Investor Visas – eligibility, renewals and country considerations
5. Business travel considerations for nonimmigrants– Are cells phone and laptops subject to searches at ports of entry?

Carl Shusterman
Carl Shusterman | LinkedIn

Kevin Levine
Kevin Levine | LinkedIn

Josh M. Surowitz
Joshua Surowitz | LinkedIn

Radhika Balaji
           Radhika Balaji | LinkedIn

Topics

• Arbitration and Mediation
• International Family Law
• Cross-Border Discovery
• Tax in International
• Disputes
• Judicial Reform
• Recognition &
• Enforcement of Foreign
• Judgments

Speakers

• From across Mexico, New York, California and Florida
• Including two retired California judges now serving as neutrals, and legal experts from both sides of the border.

The event is sponsored by the International Law and Immigration Section and RocketLab.

Experience the power of community at the 2025 Annual Meeting! Join us for the premier legal event of the year—the California Lawyers Association 2025 Annual Meeting! Taking place in Universal City, this three-day gathering will bring together legal professionals from across the state for an unforgettable experience filled with insightful discussions, inspiring keynote speakers, and unparalleled networking opportunities. Whether you’re looking to expand your legal knowledge, earn MCLE credit, or connect with colleagues in a dynamic setting, the Annual Meeting is where the legal community comes together to learn, engage, and grow.

Join us for an unforgettable experience in Milan!

• Earn MCLE credits while participating in a series of thought-proviking academic sessions and networking opportunities.
• Indulge in exquisite Italian cuisine and world-renowned wines.
• Explore Milan’s iconic museums, art galleries, and historic landmarks, including Lake Como.

Join us as we host our international friends at a Dodgers home game. It is also Shohei Ohtani bobblehead night.

Seahorses hidden in snack boxes. Turtles stuffed into luggage. A polar bear carcass, tiger cubs, and thousands of rare, blue-tongued lizards. All of this and more has been found at various points in the history of Operation Thunder, a global crackdown of the illegal wildlife trade. Run by Interpol and the World Customs Organization (WCO), it is now in its eighth year.

Operation Thunder’s latest haul, announced this month, included the rescue of nearly 20,000 live animals, all of them endangered or protected species, as well as thousands of tons of animal products and timber. The animals will all be repatriated to their country of origin or rehabilitated in conservation centers. 

When possible, their DNA will also be collected to support prosecutions, as in the case of the oryx—a type of antelope—pictured below, which were seized in Iraq. Operation Thunder also resulted in the arrests of 365 people and the identification of six transnational criminal networks.

Operation Thunder is just a small dent in the black market for illegal wildlife products, which is worth over 20 billion USD per year and linked to other forms of organized crime, like money laundering and arms trafficking. As the illegal wildlife trade has grown, however, so too has a coordinated approach to fight it.

The first edition of the program, Operation Thunderbird, was conducted in 2017 across 49 countries and saved over 8,000 animals. Operation Thunderstorm followed in 2018 and Operation Thunderball in 2019.

At the time, it was unclear if the operations would remain a short series. “It is not something that we aim at doing only for once and for the sake of having a nice press release,” Henri Fournel, then the coordinator for environmental security at Interpol, told National Geographic in 2019. “This is, for us, the foundation of a new era where customs and police will work hand-in-hand against wildlife and timber traffickers.”

Since then, Operation Thunder has become an annual event that now encompasses 138 countries. The number of seizures, as well as the number of recovered animals, has roughly doubled since its start. (One note: while Operation Thunder is funded by a number of partners, the United States Agency for International Development is one. Since the agency was gutted, it’s unknown if the same levels of funding will continue into 2025.)

Interpol agents gather intelligence before the monthlong operation and share it with local police, customs officials, and border control. They then descend on airports, borders, checkpoints, and postal hubs, using trained dogs and x-ray scanners to search for contraband. They even check scrap yards, taxidermy shops, garages, and pet fairs.

The full list of seizures from Operation Thunder 2024 is here. Among the live animals were 12,427 birds, 5,877 turtles, 1,731 other reptiles, 33 primates, 18 big cats, and 12 pangolins, the scale-covered mammals that protect themselves by curling into a ball. The list also includes a ton of sea cucumbers smuggled into the US from Nicaragua. 

Operation Thunder 2024 was the largest rescue ever of illegal wildlife trafficking, and it just occurred under our noses.

The members of the Council of Europe agreed on May 14, 2025, to establish a special tribunal for the crime of aggression in connection with the ongoing invasion of Ukraine led by Russian forces. The Council of Europe is an international organization with 46 member states, including 27 members of the European Union. This tribunal would be separate from the International Criminal Court (the ICC or Court). A special tribunal is necessary because the jurisdictional requirements for the ICC over the crime of aggression differ from the other three categories of crimes within the jurisdiction of the ICC, namely, genocide, war crimes and crimes against humanity.

At the 5-week Rome Treaty conference in 1998, which resulted in the establishment of the ICC, the inclusion of the crimes of aggression was contemplated but not included due to a lack of agreement on a definition of such crimes.

Article 5 of the Treaty provides: “The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:

(a) The crime of genocide;
(b) Crimes against humanity;
(c) War crimes;
(d) The crime of aggression.”

The definition and jurisdictional provisions for the crime of aggression were later included by amendment to the Rome Treaty at the 2010 Kampala Review Conference. As part of the negotiations, jurisdiction based on territoriality (that the alleged crime was committed on the territory of a State Party) was excluded from the crime of aggression.

For the first three types of crimes, genocide, war crimes and crimes against humanity, jurisdiction of the ICC may be based on the alleged crime being committed on the territory of a State Party.

Article 12 (2) of the Rome Treaty provides: “In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;

(b) The State of which the person accused of the crime is a national.

(Article 13, paragraphs (a) or (c) are for State Party referrals and cases initiated by the prosecutor, respectively, while paragraph (b) is for UN Security Council referrals.)

The difference in the jurisdictional requirements is a result of the negotiations to define the crime of aggression.

For the ICC to assert jurisdiction over the crime of aggression, Article 15bis (5) provides: “In respect of a State that is not a party to this Statute, the Court shall not exercise its jurisdiction over the crime of aggression when committed by that State’s nationals or on its territory.” Russia is not a party to the Rome Treaty.

The Rome Treaty entered into force for Ukraine as a State Party on January 1, 2025. Before that, Ukraine submitted two declarations pursuant to Article 12(3) accepting jurisdiction of the ICC over crimes committed in Ukraine. The first declaration was lodged on April 17, 2014, for alleged crimes committed between November 21, 2013, and February 22, 2014, related to Russia’s annexation of Ukraine’s Crimea peninsula. The second declaration was lodged September 18, 2015, for crimes committed since February 20, 2014.

In sum, based on the difference in the jurisdictional requirements, the ICC has jurisdiction over claims of genocide, war crimes and crimes against humanity committed in Ukraine based on those crimes being committed on the territory of Ukraine. For the crimes of aggression, however, the ICC does not have jurisdiction over Russian nationals even if the aggression was committed against the territory of Ukraine.

The decision to form a special tribunal for the crimes of aggression with respect to Ukraine is necessary because of the gap created by the difference in jurisdictional requirements for the crime of aggression when compared to other crimes within the jurisdiction of the ICC. There are moves to amend the Rome Treaty to remove that difference. But based on the current jurisdictional requirement of the ICC for aggression, if there is to be a tribunal to investigate and prosecute claims of aggression, it would need to be a different tribunal.

European leaders have decided to proceed with plans for a Special Tribunal for the crimes of aggression with respect to Ukraine.

Editor’s Note: A glossary of key terms and answers to frequently asked questions about the development and operation of the ICC  may be found in this link to an earlier edition of the International Law and Immigration Section’s newsletter.

T. Sean Butler is Co-chair of the International Criminal Court Alliance.