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Rob Currie
Schulich School of Law, Dalhousie University
Recent Activity
I am delighted to announce the publication of a terrific-looking new book: A Theory of Punishable Participation in Universal Crimes, by Professor Terje Einarsen of the University of Bergen, and my knowledgable and able co-author, Dr. Joseph Rikhof, recently retired from the War Crimes Program at Justice Canada. Here is... Continue reading
Canada's Standing Committee on Finance (a committee of our federal House of Commons) recently released its new report on reforming our anti-money laundering and terrorist financing laws. The report makes 32 recommendations for changes to the AML regime, on such topics as adjustments to reporting requirements, "politically exposed persons" (PEPs),... Continue reading
Back in 2000 I published an article in the journal Criminal Law Forum, entitled "Human Rights and International Mutual Legal Assistance: Resolving the Tension." The cite is (2000) 11 Criminal Law Forum 143, but you can read a pre-publication version here. "Mutual legal assistance" (MLA) essentially refers to states gathering/seizing... Continue reading
It was recently announced that Canada has joined a five-state coalition of tax authorities, called the "Joint Chiefs of Global Tax Enforcement (J5)", the overall goal of which is to "increase collaboration in the fight against international and transnational tax crime and money laundering." The Canadian government actor involved is,... Continue reading
Back in February I blogged about the Canadian Dept. of Finance's discussion paper which called for suggestions for changes to our anti-money laundering and terrorist financing. The review period is over and the department has released proposed amendments to the relevant regulations, which can be found here. There is a... Continue reading
A rather fundamental rule of customary international law is that state officials are prohibited from exercising their powers on the territories of foreign states. This rule is often referred to as "the prohibition on extraterritorial enforcement jurisdiction," and it has good policy reasons behind it. Particularly with matters relating to... Continue reading
The UN's Committee Against Torture, set up under the UN Convention Against Torture to monitor implementation of the Convention, has released a revised General Comment on the implementation of Article 3 of the Convention. Article 3 is the obligation of non-refoulement, i.e. that states must not extradite, deport or otherwise... Continue reading
The Canadian federal Department of Finance recently released a discussion paper which reviews, and proposes possible changes to, Canada's anti-money laundering (AML) and anti-terrorist financing (ATF). The paper is part of the consultation process designed to feed the mandatory five-year review of Canada's Proceeds of Crime (Money Laundering) and Terrorist... Continue reading
I am delighted to once again present a guest blog post from my friend and co-author, Dr. Joseph Rikhof, the recently-retired Manager of the Law at the War Crimes Program, Justice Canada. Below he discusses the Supreme Court of Canada's recent decision in India v. Badesha, a closely-watched case on... Continue reading
It has just been announced that one of the greats in the field of International Criminal Law, Professor M. Cherif Bassiouni, has passed away at the age of 79. If you do any amount of research in this area you will quickly encounter Bassiouni's work, and it is impossible to... Continue reading
I have just posted a new draft paper entitled "Cross-Border Evidence Gathering in Transnational Criminal Investigation: Is the Microsoft Ireland Case the 'Next Frontier'?" The paper examines the currently roiled state of international law regarding the gathering of electronic evidence across borders by law enforcement officials. It specifically bears down... Continue reading
I'm pleased to host another guest post by Gillian MacNeil, doctoral student at Queen's who attended the ICC ASP meeting before Christmas (see her previous co-authored post here), funded by a SSHRC Partnership Grant on which I'm a co-investigator. ------------------------------------------------------ Eyeing the Gap: Extradition and MLAT Treaties for Core Crimes... Continue reading
I just finished giving a talk to a selection of the members of the International Association of Prosecutors. The members attended from all over the world, by way of a nifty online conferencing platform. The topic was the search of cell phones (and other electronic devices) at the border, a... Continue reading
I am delighted to present a guest blog by Gillian MacNeil and Ayodele Akenroye. Gillian is the lead co-author of the state immunity chapter of both editions of International & Transnational Criminal Law, and is currently a Ph.D. candidate at the Queen's University Faculty of Law. Ayodele is a Ph.D.... Continue reading
The long saga of former Chadian dictator Hissene Habre is finally drawing to a close. Today Habre was convicted by the Extraordinary African Chambers, a special internationalized court set up in the courts of Senegal to try Habre and others for international crimes committed during the period of Habre's dictatorship.... Continue reading
On April 29 the Supreme Court of Canada issued its decision in World Bank Group v. Wallace, a case that was being watched closely by the international community and particularly those engaged in transnational anti-corruption work. The Court ruled that the World Bank's personnel and archives were immune from a... Continue reading
No, that headline isn't the name of a movie starring Ben Affleck. The BBC has posted recent video and radio interviews with Benjamin Ferencz, the last surviving lawyer who was involved in the post-WWII core crimes prosecutions in Germany (specifically the famous Einsatzgruppen Case). Ferencz made a number of contributions... Continue reading
CBC is reporting that new allegations of war crimes and mistreatment of detainees by Canadian military police and commanders in Afghanistan have surfaced, and are being dealt with by the Military Police Complaints Commission. The events appear to have taken place in 2011, and troublingly echo past apparent misdeeds by... Continue reading
I am delighted to present a guest blog post by my friend, Prof. Gerry Ferguson of the University of Victoria Faculty of Law, in which he discusses his new open-access textbook on Global Corruption Law, which is available online from the UNODC website and other sources (listed below). I have... Continue reading
CBC is reporting that Scottish and American prosecutors have identified two new suspects in the 1988 Lockerbie bombing, and are seeking the cooperation of the Libyan government to facilitate questioning them. While they have not been identified (in keeping with British practice not to identify suspects before charging them), it... Continue reading
The US Securities and Exchange Commission (SEC) has issued an interesting settlement decision in a securities fraud case, where the two targets of the investigation were both resident in India. The two individuals were investigated by the SEC for a securities offering fraud and, to escape prosecution, they entered into... Continue reading
As is being widely reported in the Canadian press, the RCMP have laid torture charges against Col. George Salloum, a Syrian intelligence officer. The charges stem from the infamous extraordinary rendition and torture of Syrian-Canadian Maher Arar, which gave rise to a judicial inquiry and a payment of restitution to... Continue reading
The Extraordinary African Chambers in Senegal has begun the long-awaited trial of former Chadian dictator Hissene Habre, sometimes called "Africa's Pinochet," who is being tried on charges of crimes against humanity, war crimes and torture that occurred during his rule of Chad. The case was preceded by years of wrangling... Continue reading
I recently attended the annual conference of the International Society for the Reform of Criminal Law, a wonderful organization dedicated to facilitating dialogue and criminal law reform all over the world. The yearly offerings of the conference usually feature a number of interesting issues, from international criminal law to comparative... Continue reading
As has been widely reported and commented upon here in Canada over the last while, Omar Khadr was recently released on bail and soon after had his third successful trip to the Supreme Court of Canada (the first two are discussed in Chapter 10 of the book). Khadr's saga, which... Continue reading