The Troubling Shortcomings of International Asset Freezes: The Hunt for Gaddafi's Lost Billions

2021 ◽  
Vol 29 (4) ◽  
pp. 644-653
Author(s):  
Georgios Pavlidis
Keyword(s):  
United Nations ◽  
Burden Of Proof ◽  
International Community ◽  
African Union ◽  
Legal Assistance ◽  
Mutual Legal Assistance ◽  
Community Needs ◽  
Asset Recovery ◽  
United Nations Convention ◽  
The United Nations

Although international asset recovery is one of the key anti-corruption commitments under the United Nations Convention against Corruption and the African Union Convention on Preventing and Combating Corruption, a huge gap remains between commitments and implementation. The shortcomings of international asset freezes in the case of Libya, with billions of dollars unaccounted for, confirm this statement. In this article, I identify the major obstacles for recovering stolen assets in the case of Libya and I argue that the international community needs to enhance asset recovery and mutual legal assistance, as well as to explore bold ideas, such as the reversal of the burden of proof as to the illicit origin of the assets.

scholarly journals Pemberatasan Kejahatan Internasional berdasarkan Mutual Legal Assistance Treaties (MLATs)

2019 ◽  
Vol 4 (1) ◽  
pp. 54-65
Author(s):  
I Nyoman Sindhu Gautama
Keyword(s):  
United Nations ◽  
Legal Assistance ◽  
Mutual Legal Assistance ◽  
Transnational Organized Crime ◽  
Customary International Law ◽  
International Crimes ◽  
United Nations Convention ◽  
The United Nations ◽  
Criminal Matters ◽  
Judicial Assistance

The form of cooperation between countries in the practice of customary international law can be done through Mutual Legal Assistance Treaties (MLATs). This form of cooperation appears in the practice of eradicating international crimes, which are transnational or international crimes as an act of implementing other agreements, which have been carried out among the countries involved in it. Law enforcement efforts against international crimes can be carried out through extradition treaties. Apart from that, other international agreements, both bilateral and multilateral, or mutual legal assistance treaty or judicial assistance treaty between two or more countries. Mutual Legal Assistance Treaties (MLATs) also emerged because the eradication of crime was not sufficiently enforced by extradition agreements. More and more forms of Mutual Legal Assistance Treaties (MLATs) have been agreed upon, for example the United Nations Convention Against Corruption in 2003, the United Nations Conventions Against Transnational Organized Crime in 2000. Whereas at the ASEAN Regional level, the Treaty Mutual Legal Assistance in Criminal Matters in 2004. If this is well developed, especially in the State of Indonesia, then efforts and implementation in resolving these transnational problems can be overcome.

International Cooperation under the United Nations Convention against Transnational Organized Crime

2021 ◽  
Vol 3 (4) ◽  
pp. 3-25
Author(s):  
Andreas Schloenhardt
Keyword(s):  
United Nations ◽  
International Cooperation ◽  
Organized Crime ◽  
Legal Assistance ◽  
Legal Basis ◽  
Practical Application ◽  
Criminal Proceedings ◽  
Transnational Organized Crime ◽  
United Nations Convention ◽  
The United Nations

Abstract This article examines the international cooperation provisions under the United Nations Convention against Transnational Organized Crime and their practical application in reported cases. It explores the circumstances in which States Parties have used or attempted to use the Convention as a legal basis for extradition, mutual legal assistance, transfer of sentenced persons, transfer of criminal proceedings, joint investigations, or other forms of international cooperation. The article seeks to provide a better understanding of the opportunities offered by the international cooperation provisions, and the challenges and obstacles faced by States Parties requesting cooperation or being requested to provide cooperation under the Convention.

Part II UN Core Conventions on Transnational Organised Crime, 11 The United Nations Convention against Corruption and its Criminal Law Provisions

2016 ◽  
Author(s):  
Kubiciel Michael ◽  
Rink Anna Cornelia
Keyword(s):  
United Nations ◽  
International Development ◽  
International Cooperation ◽  
Criminal Law ◽  
Organised Crime ◽  
Overwhelming Majority ◽  
Asset Recovery ◽  
United Nations Convention ◽  
The United Nations

The United Nations Convention against Corruption (UNCAC) from 2003 marks the peak of a broad international development in the fight against corruption, which started in the early 1990s. In recent years, it has been signed and ratified by an overwhelming majority of states. Although the UNCAC is not just a criminal law convention, but encompasses a multitude of rules on prevention, asset recovery, and international cooperation, it also includes a comprehensive arsenal of criminal law provisions. This chapter explores the origin of the UNCAC as a whole and the background and scope of all its criminal law provisions, both mandatory and discretionary.

scholarly journals The United nations convention against corruption: A successful example of international action against economic crime

Temida ◽  
2012 ◽  
Vol 15 (2) ◽  
pp. 61-70 ◽  
Author(s):  
Dimitri Vlassis
Keyword(s):  
United Nations ◽  
Legal Framework ◽  
International Community ◽  
Economic Crime ◽  
International Action ◽  
Specific Focus ◽  
United Nations Convention ◽  
Review Mechanism ◽  
The United Nations ◽  
Made In

This article briefly outlines the progress made in recent years in the development of an international legal framework to combat economic crime, with a specific focus on the United Nations Convention against Corruption. The author notes the impressive progress made by the international community in both the creation and implementation of the Convention, particularly through the adoption of the Implementation Review Mechanism.

scholarly journals Optimalisasi Peran Bantuan Hukum Timbal Balik dalam Pengembalian Aset Hasil Tindak Pidana Korupsi

2020 ◽  
Vol 3 (1) ◽  
pp. 33-57
Author(s):  
Khoirur Rizal Lutfi ◽  
Retno Anggoro Putri
Keyword(s):  
Law Enforcement ◽  
United Nations ◽  
Legal Assistance ◽  
Mutual Legal Assistance ◽  
Library Research ◽  
Comparison Approach ◽  
United Nations Convention ◽  
Asset Forfeiture ◽  
Criminal Matters

One of the unresolved legal issues in Indonesia is corruption. The problem of law enforcement is not yet optimal so that the assets resulting from criminal acts of corruption which are often in excess of national territory make it difficult to return. Mutual Legal Assistance in Criminal Matters, abbreviated as MLA, which is expected to help law enforcement is not yet optimal. Indonesia, as a participant country of the United Nations Convention Againts Corruption (UNCAC), does not yet have a regulatory framework that comprehensively regulates the aspects recommended by the convention. This study aims to find out about efforts and mechanisms to optimize the role of MLA in the recovery of assets resulting from criminal acts of corruption in Indonesia, especially those abroad. This research is a normative juridical research conducted by library research and interviews with informants related to the legislation and comparison approach. This article concludes that optimizing the role of MLA requires several steps such as implementing MLA in a more detailed technical format, optimizing the role of law enforcement as the implementer and adopting the concept of Non-Conviction Based Asset Forfeiture (NCB). Abstrak Salah satu persoalan hukum yang belum terselesaikan di Indonesia adalah korupsi. Masalah belum optimalnya penegakan hukum hingga aset hasil tindak pidana korupsi yang seringkali berada melampaui batas wilayah negara sehingga menyulitkan pengembalianya acapkali menjadi persoalan tersendiri. Pelaksanaan kerjasama Bantuan Hukum Timbal Balik (Mutual Legal Assistance) disingkat MLA yang diharapkan membantu penegak hukum pun dirasa belum optimal. Sebagai negara peserta United Nations Convention Againts Corruption (UNCAC), Indonesia belum memiliki kerangka regulasi yang mengatur secara komprehensif aspek-aspek yang direkomendasikan konvensi tersebut. Penelitian ini bertujuan untuk mengetahui tentang upaya dan mekanisme optimalisasi peran MLA dalam pengembalian aset hasil tindak pidana korupsi di Indonesia terutama yang berada di luar negeri. Artikel ini merupakan hasil penelitian yuridis normatif yang dilakukan dengan cara studi kepustakaan dan wawancara terhadap narasumber terkait, dengan pendekatan perundang-undangan dan perbandingan. Artikel ini menyimpulkan bahwa untuk optimalisasi peran MLA diperlukan beberapa langkah seperti menerapkan MLA dalam format teknis yang lebih detail, optimalisasi peran penegak hukum sebagai pelaksananya, dan adopsi konsep Non-Conviction Based Asset Forfeiture (NCB) sebagai muatan substansi MLA.

scholarly journals People on the Move: Addressing Vulnerabilities of Nomadic Communities in Darfur

2021 ◽  
Vol 1 (2) ◽  
pp. p16
Author(s):  
Zurab Elzarov
Keyword(s):  
United Nations ◽  
International Community ◽  
African Union ◽  
Not Given ◽  
Community Members ◽  
Nomadic Communities ◽  
The United Nations

Until recently, the needs and concerns of the Arab nomadic communities in Darfur were not given sufficient attention by the international community, probably because of the tendency to equate them with the notorious “Arab militia” accused of committing crimes during the conflict in Darfur. This began to change after several Arab nomad leaders complained to the United Nations and relief groups about their exclusion from humanitarian and development programmes and projects implemented in the region. The article explores the conditions and vulnerabilities of nomadic communities in Darfur and highlights some of the subsequent successful initiatives undertaken by the United Nations-African Union Mission in Darfur (UNAMID) to address the concerns of the nomadic community members.

The United Nations Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons, 1981

1983 ◽  
Vol 9 (2) ◽  
pp. 109-121 ◽  
Author(s):  
Malcolm Shaw
Keyword(s):  
United Nations ◽  
International Law ◽  
Use Of Force ◽  
International Community ◽  
Armed Force ◽  
Conventional Weapons ◽  
United Nations Convention ◽  
The United Nations ◽  
Self Defence

It may come as a surprise to many that the international community through the mechanisms and methods of international law should seek to involve itself in the techniques of war-making to the extent that it does. We all accept that international law is deeply concerned with the prevention of the use of armed force and most people are aware, if in a rudimentary fashion, of the categories of aggression, self-defence, use of force to protect nationals and so forth. It would be a cause of great amazement should the rules and techniques of international law not be heavily engaged in constraining as far as possible the impulses of states to resort to the use of force. It is rather different to find international law actually descending to the battlefield, tacitly acknowledging its own failures, and attempting to pontificate on the types of weapons to be used in the destruction of life and property. Or is it? The same general concerns that impel international law to restrain states from using violence against each other are also operative when one considers the methods of warfare, despite the irony.

scholarly journals MUTUAL LEGAL ASSISTANCE TREATIES (MLATs) SEBAGAI INSTRUMEN PEMBERANTASAN KEJAHATAN INTERNASIONAL

2009 ◽  
Vol 9 (2) ◽  
Author(s):  
Noer Indriati
Keyword(s):  
United Nations ◽  
Organized Crime ◽  
The State ◽  
Legal Assistance ◽  
Mutual Legal Assistance ◽  
Transnational Organized Crime ◽  
United Nations Convention ◽  
Criminal Matters ◽  
Year 2000

International contractual law is an order which must respect and adhered by pertinent of the parties in agreement. The formal and informal relation between the citizen or corporate have very intensively. International badness which pass boundaries jurisdiction of the state have increase in the form which is sophisticated and the frequency which progressively often. Because of international badness which have more progressively is needed cooperation between the state which it is more coordinated as straightening of law. Mutual Legal Assistance Treaties (MLATS) emerge because eradication of insufficient badness upheld by agreement of extradition. Form of Mutual Legal Assistance Treaties (MLATS) have agreed on, for example United Nations Convention Against Corruption Year 2003, United nations Conventions Against Transnational Organized Crime Year 2000. While in the level of ASEAN, Treaty Mutual Legal Assistance in Criminal Matters year 2004. Kata kunci: kejahatan internasional, perjanjian internasional

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