Data Protection in Europe and Beyond

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Data Protection in Europe and Beyond

A Short Comparative Analysis

As we delve deeper into the digital age, personal data has become the most coveted commodity.  The once intangible promise of technology now faces the harsh reality of data exploitation, where privacy is eroded and the commodification of personal data mirrors the extraction of natural resources. By recognizing this growing threat, in May 2018 the European Union (EU) implemented the General Data Protection Regulation (GDPR), a legal framework that seeks to safeguard individual rights, ensure privacy in the digital era and inspire global change.

Data has become the fuel driving the global economy, yet privacy has become the collateral damage of global development. Cyberspace has been brutalized by rapid monetization and weaponization. For instance, corporations and governments have capitalized access to personal information and individuals are left with minimal control of vast amounts of personal data.  In this case, GDPR has shaped the global conversations of data governance, which has become the blueprint for privacy regulations worldwide, providing individuals major control over their data they are using.

Its impact has been evident not only within the EU, but also in regions such as Southeast Asia and Indonesia, nations that look to adopt similar frameworks. GDPR seeks to restore the balance of data, creating a legal framework that empowers individuals and takes into account how data is collected, used and stored in corporations and governments. This accountability is critical because, according to the Journal of the Cyber Policy, in this digital era where data is being misused, data protection is essential for ensuring digital trusts and the integrity of online ecosystems (Ford, 2019). This sets a global standard, the EU has inspired distinct regions, prioritizing that data protection is now a fundamental human right.

Beyond Europe, the GDPR’s influence has reverberated across various regions. Southeast Asia and Indonesia, for example, have adopted similar frameworks to enhance data protection and digital trust. But the ripple effect is perhaps most significant in Latin America, where countries are increasingly aligning their data protection laws with international standards. Brazil’s Lei Geral de Proteção de Dados (LGPD), enacted in 2020, mirrors many of GDPR’s key provisions, while Mexico’s comprehensive updates to its data protection laws signal a commitment to aligning with global expectations. Argentina, recognized for its early adoption of privacy regulations, continues to revise its framework to meet GDPR standards, while Colombia’s Law 1581 and Ecuador’s new Organic Law on Data Protection are testaments to the region’s growing focus on protecting individual rights in the digital landscape.

As Latin American countries continue to strengthen their regulatory frameworks, they are not only protecting the privacy of their citizens but also positioning themselves as key players in the global digital economy. This regional evolution demonstrates how GDPR has inspired a global movement toward prioritizing data protection as a fundamental human right, shaping the future of data governance across the Western Hemisphere and beyond.

Latin America and GDPR Influence

Latin America, like many regions around the world, has faced significant challenges in the implementation of comprehensive data protection laws. However, GDPR has had a noticeable ripple effect across the continent, influencing countries to adopt similar frameworks. Latin American countries, driven by the need to modernize their data protection frameworks to facilitate international trade and digitalization, have increasingly aligned their laws with GDPR principles.

One of the most prominent examples of GDPR’s influence is Brazil’s Lei Geral de Proteção de Dados (LGPD), which came into force in 2020. Modeled closely on GDPR, the LGPD sets out comprehensive rules for how personal data must be collected, processed, and stored. It grants individuals the right to access, correct, and delete their data, similar to the rights conferred under GDPR. The LGPD also imposes significant fines on companies that fail to comply, mirroring GDPR’s strict enforcement mechanisms. The Brazilian government has established the Autoridade Nacional de Proteção de Dados (ANPD), the national data protection authority, which is responsible for ensuring compliance with LGPD and addressing privacy violations (Marini & Figueiredo, 2019).

Brazil has already seen cases that test the effectiveness of the LGPD. One of the first major data breaches under LGPD involved a leaked database containing the personal information of over 200 million Brazilians. The breach, which occurred in early 2021, exposed names, addresses, and sensitive tax information. The ANPD launched an investigation into the breach, highlighting how seriously the country is taking data protection in this new regulatory environment (Braga, 2021). The incident also underscored the growing need for Latin American nations to adopt robust frameworks to address such large-scale breaches and protect citizens’ privacy.

In Mexico, the Federal Law on the Protection of Personal Data Held by Private Parties, passed in 2010, serves as the foundation of the country’s data protection regime. Though it predates GDPR, the law shares many similarities, including provisions on data portability, the right to rectification, and stringent penalties for non-compliance. In recent years, Mexico has been working to update its framework to better align with GDPR and strengthen protections for personal data, especially in light of increasing cross-border data flows with the EU (Reding, 2021).

Argentina was one of the first countries in Latin America to adopt a comprehensive data protection framework with its 2000 Personal Data Protection Act (PDPA). Recognized by the EU as offering an “adequate level of protection” for data transfers, Argentina has maintained strong privacy standards. In 2018, Argentina announced plans to update its PDPA to further align with GDPR, as it seeks to enhance its competitiveness in the global digital economy (Belli, 2021). Argentina’s existing framework already provides individuals with the right to access, correct, and delete their data, but the proposed reforms will add more stringent requirements for data controllers, especially in terms of obtaining explicit consent and strengthening the role of the data protection authority.

Colombia, one of the most digitally advanced countries in Latin America, also has a robust data protection regime. In 2012, Colombia enacted Law 1581, also known as the “Habeas Data Law,” which provides a comprehensive framework for the protection of personal data. The law is similar to GDPR in several respects, including granting individuals the right to access, rectify, and delete their data. Colombia’s Superintendence of Industry and Commerce (SIC) serves as the regulatory body for data protection and has been actively enforcing the law, with significant penalties imposed on companies for data breaches and misuse (García, 2021).

Colombia has embraced GDPR’s influence, particularly in its emphasis on data security and the need for transparency in the handling of personal information. For example, in 2019, the SIC imposed a major fine on a Colombian telecommunications company for failing to comply with data protection laws, demonstrating the country’s commitment to ensuring data privacy. Colombia is currently exploring updates to Law 1581 to strengthen it further, with a focus on adapting to emerging technologies such as artificial intelligence (AI) and big data analytics (García, 2021).

In Ecuador, data protection has historically been weaker than in some of its neighbors, but the country is now making strides toward establishing a comprehensive framework. In 2021, Ecuador enacted its first-ever data protection law, the Organic Law on Data Protection (OLDP), which took inspiration from GDPR. This law establishes clear rules for data processing, requiring companies to obtain consent before collecting personal data and allowing individuals to request the deletion of their data under certain circumstances (Sánchez, 2021). Ecuador’s move toward GDPR-like legislation is seen as a significant step forward in a country where data breaches have become more common in recent years.

For example, in 2019, Ecuador experienced one of the largest data breaches in its history, involving the personal information of over 20 million people, including deceased individuals and children. The breach highlighted Ecuador’s vulnerability to cyberattacks and the urgent need for a comprehensive data protection framework. The OLDP is intended to address these vulnerabilities by providing clearer guidelines for data controllers and empowering individuals to take control of their personal information (Sánchez, 2021).

Privacy in the Digital Economy

Digital economies that are rapidly expanding, such as ASEAN regions, GDPR is an essential guide for shaping privacy laws. In 2012, the ASEAN Human Rights of Declaration adopted the protection of personal data as a fundamental right, reflecting a regional acknowledgment of the need for more builded privacy protections (ASEAN, 2012). On the other hand, countries like Indonesia, with a burgeoning e-commerce market, face similar challenges similar to those that GDPR seeks to address. For example, in 1945 the Indonesian Constitution mandated the protection and welfare of its citizens, which aligns with the GDPR’s key principles of privacy and human dignity. As the government of Indonesia emphasizes, Indonesia’s law No.11 of Information and Electronic Transactions details the importance of extra-territorial jurisdiction in regulating cross-border data flows. This is critical since digital data transactions increasingly cross national borders. Yet, by adopting comprehensive privacy laws that go in hand with GDPR, Indonesia could strengthen its data governance and rank itself as a leader in Southeast Asia’s digital economy. 

Latin American countries also find themselves in a similar position. As digital economies expand in Brazil, Mexico, and Argentina, the adoption of GDPR-like regulations is becoming more urgent. These regulations are critical for establishing trust in digital transactions and creating a foundation for long-term economic growth. Data protection frameworks modeled on GDPR are essential for fostering international business relationships, particularly with regions like the EU, where data privacy standards are high (Reding, 2021). By aligning with GDPR, Latin American countries not only protect their citizens’ rights but also position themselves as competitive players in the global digital economy.

Cryptography and Data Security

Besides privacy, cryptography is an essential tool for data protection nowadays. In this case, GDPR emphasizes the need for the organizations to adopt strong encryption practices in order to safeguard data from cyber threats (European Union, 2018). Cryptography has two purposes: protect civilian data and ensure national security. This is essential because for countries like Indonesia, the balance between privacy and national security is extremely delicate. As stated by The Jakarta Post, Indonesia has already begun to develop policies to aim for a well developed cybersecurity process, but more comprehensive regulations should also be standardized since they are needed to protect personal data effectively (2019). 

Similarly, in Latin America, data security is an increasingly important concern. With the rise of digital transactions and the growth of e-commerce, Latin American countries are beginning to implement encryption standards to protect sensitive data. Brazil’s LGPD includes provisions for data security and mandates that organizations adopt measures to safeguard personal data, including the use of cryptography. These developments are crucial for ensuring that data is protected from breaches and cyberattacks, which have become more frequent across the region (Marini & Figueiredo, 2019).

Overall, GDPR provides a valuable model. It explains and regulates organizations to notify authorities immediately in the event of a data breach, meanwhile ensuring transparency and accountability. In addition, GDPR highlights data minimization, this requires organizations to collect only the necessary data for their operations, which sets a crucial standard for reducing any risk associated with data misuse. 

The Right to be Forgotten

The right to be forgotten and data probability are mechanisms introduced in GDPR, which allows individuals to control their personal data in an efficient manner. According to the European Union, these rights empower citizens to request their transfer of data from one organization to another, and have the right to erase their data if needed; this provides citizens a sense of ownership in the digital realm (2019). Furthermore, as noted by the Journal of Law and Cyber Warfare, the right to be forgotten is particularly relevant in the context of social media, since in this platforms vast amount of personal information is being shared an often misused (Zimmerman, 2020).For example, in Indonesia these provisions are crucial because they address the growing concerns around data misuse and ensures citizens they are protected from unauthorized data exploitation. Implementing a robust right to be forgotten, Indonesia, and many other countries, are protecting its citizens from the long term consequences of data misuse. 

The Caribbean and Latin America are also witnessing the growing importance of the right to be forgotten. Brazil’s LGPD, for instance, grants individuals the right to request the deletion of their data when it is no longer needed, mirroring GDPR’s provisions. This right is especially relevant in the context of online platforms and social media, where personal data can be easily misused (Marini & Figueiredo, 2019). As Latin American countries continue to implement GDPR-like frameworks, the right to be forgotten will become an essential tool for protecting citizens’ digital rights.The right to be forgotten is not only about protecting privacy but also about safeguarding human dignity. 

A Global Blueprint

Moreover, GDPR has set new standards by balancing the rights of individuals with the interests of businesses and governments. GDPR represents a global shift in how personal data is managed. For instance, in Southeast Asia, its spillover effect is evident, this is because these types of countries are beginning to recognize the importance of comprehensive data protection frameworks. The ASEAN region, which is home to one of the world’s fastest-growing digital economies, stands to benefit immensely from adopting GDPR-like regulations. By prioritizing privacy and data security, ASEAN nations can foster greater trust in digital transactions and position themselves as leaders in the global digital economy.

This similar trajectory is being followed in Latin America. By implementing GDPR-inspired frameworks, countries like Brazil, Mexico, and Argentina are not only protecting their citizens’ digital rights but also positioning themselves as competitive players in the global digital marketplace. The adoption of GDPR-like laws in Latin America is essential for fostering trust in digital transactions, ensuring compliance with international standards, and protecting the rights of individuals in an increasingly interconnected world (Reding, 2021). 

Latin America: Looking Ahead

As Latin America continues to develop its digital infrastructure and integrate more deeply into the global economy, data protection will become an increasingly critical issue. The region’s adoption of GDPR-like frameworks, as seen in Brazil, Argentina, Mexico, Colombia, and Ecuador, reflects a growing recognition of the importance of data governance in the digital age. However, Latin American countries face unique challenges in implementing these frameworks, including the diversity of legal systems, varying levels of technological development, and limited resources for enforcement.

Looking ahead, Latin American countries will need to address these challenges by building stronger enforcement mechanisms and ensuring that data protection authorities have the resources and expertise necessary to oversee compliance. Furthermore, as the region continues to embrace new technologies such as AI and the Internet of Things (IoT), existing data protection frameworks will need to be updated to reflect the complexities of data flows in an increasingly interconnected world.

Latin America’s journey toward GDPR-like data protection frameworks is a work in progress, but the region is on the right path. As countries continue to strengthen their laws and align with international standards, they will not only enhance their citizens’ digital rights but also position themselves as competitive players in the global digital economy. The future of data protection in Latin America will hinge on the region’s ability to balance privacy rights with economic growth, ensuring that personal data is protected while fostering innovation and investment.

The lessons from Europe’s GDPR and its counterparts in Latin America extend beyond these regions, offering a global blueprint for balancing individual rights with the interests of businesses and governments. By safeguarding privacy in the digital age, GDPR has catalyzed the adoption of similar frameworks in countries like Indonesia, Brazil, Mexico, and Argentina. These countries recognize that data protection is essential for fostering trust, innovation, and economic growth in an increasingly interconnected world.

The digital age presents both unprecedented opportunities and risks. Individuals today are more vulnerable to data exploitation, as vast amounts of personal information are collected, processed, and stored by corporations and governments. The risks associated with data misuse are significant, ranging from privacy violations to identity theft and the erosion of personal autonomy. GDPR, by providing a comprehensive legal framework for data protection, has addressed many of these concerns, ensuring that individuals retain control over their personal data.

Furthermore, GDPR-inspired regulations in Latin America, such as Brazil’s LGPD and Argentina’s data protection reforms, demonstrate how global privacy standards can empower citizens and ensure accountability. These frameworks emphasize the importance of transparency, consent, and data minimization, creating a more secure digital ecosystem where individuals’ rights are prioritized.

However, the adoption of GDPR-like regulations is not only about protecting personal data—it’s about fostering trust in digital economies. As technology continues to evolve, the ethical handling of personal data will be critical for maintaining public trust and ensuring that digital innovation benefits society as a whole. Governments worldwide must invest in enforcement mechanisms, educate citizens about their rights, and collaborate to create interoperable data protection frameworks.

Ultimately, the adoption of comprehensive data protection regulations like GDPR ensures that the digital world remains a space for innovation, freedom, and trust. By safeguarding privacy and promoting responsible data governance, governments can help shape a future where technology enhances human dignity, economic growth, and global connectivity, while protecting citizens from the growing risks of the digital age.

Published by IFIMES


About Authors:

Prof. Dr. Anis H. Bajrektarevic

Anis H. Bajrektarevic is chairperson and professor in international law and global political studies, Vienna, Austria.  He has authored nine books (for American and European publishers) and numerous articles on, mainly, geopolitics energy and technology. Professor is editor of the NY-based GHIR (Geopolitics, History and Intl. Relations) journal, and editorial board member of several similar specialized magazines on three continents. His 10th book ‘Justice and Home Affairs Diplomacy’ is scheduled for release later this year in New York.

Valentina Carvajal Caballero, Colombia ’s Universidad de Los Andes.


Valentina Carvajal Caballero of the Colombia ’s Universidad de Los Andes, is specializing in communication and digital media. As an Information Officer at IFIMES, she applies her expertise in research and digital transformation to advance the organization’s goals. Founder of Clan Nativus Phydigital Agendas, Valentina combines her entrepreneurial drive with a deep understanding of Latin American digital landscapes to promote positive change through technology.

The views expressed in this article are those of the authors and do not necessarily reflect the official position of IFIMES.

Ljubljana/Vienna/Caracas, 30 September 2024 

Footnote:
[1] IFIMES – International Institute for Middle East and Balkan Studies, based in Ljubljana, Slovenia, has a special consultative status with the United Nations Economic and Social Council ECOSOC/UN in New York since 2018, and it is the publisher of the international scientific journal “European Perspectives.”

The ICC opens its doors on The Hague’s Just Peace Open Day

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The ICC opens its doors on The Hague’s Just Peace Open Day

More than 600 people visited the International Criminal Court on Sunday, 22 September 2024, when it opened its headquarters for The Hague’s Just Peace Open Day. Women, men and children of different ages and nationalities, including Dutch nationals and members of the international community based in The Hague, had the opportunity to learn more about the Court and Trust Fund for Victims’ work and be inspired to help build a more just world.

Highlights this year included an interactive session with staff in the main ICC Courtroom, insightful information on the work of the Trust Fund for Victims, an area featuring jobs, internships and visiting professional positions, and educational activities for children and youth.

Just Peace Open Day is part of The Hague’s Just Peace Yearly program, which is a collaboration between The Hague Humanity Hub and the City of The Hague – the Court’s host city – along with other contributing organizations.

Each year, Open Day gives the public the opportunity to learn more about the functioning and aims of the various international institutions and non-governmental organizations based in the city. The Hague, long known as the City of Peace and Justice, has been hosting the ICC since 2002. The city and its surrounding area are now home to over 160 international organizations.

The ICC is the first permanent, treaty-based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community, namely war crimes, crimes against humanity, genocide and the crime of aggression.

ICC holds International Seminar on Medical Matters in Detention

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ICC holds International Seminar on Medical Matters in Detention

For two days, ICRC experts, medical experts, doctors and medical practitioners, legal advisors, human rights lawyers, prison administrations and other medical and detention stakeholders from national, regional and international settings were present. More than 55 external participants from 38 organizations coming from the regions of Africa, Asia-Pacific, Latin America and the Caribbean, Western Europe and Other States with expertise in medical and detention fields attended the seminar.

Participants shared their expertise, lessons learned and best practices on medical matters in detention environments, and engaged in fruitful discussions on key medical issues at the ICC Detention Centre, with a view of promoting the highest standards of detention and strengthening the Court’s mandate.

The seminar was opened by Judge Reine Alapini-Gansou, Second Vice-President of the ICC, who stressed that the right to health is a fundamental human right and that, at the Court, the living conditions of the detained persons at the ICC Detention Center are a high priority. She further emphasized that the seminar offers a unique opportunity to discuss the triangular interaction between detained persons, medical practice and criminal justice.

In his opening remarks, Registrar Osvaldo Zavala Giler, highlighted that the seminar “provides a crucially important platform for exchanges in a particularly sensitive and complex interdisciplinary area”, noting further that the participation and diverse background of the participants made this seminar “meaningful and impactful, and gives the ICC the opportunity to identify areas in which to make further progress in light of evolving developments in custodial settings”.

Speakers included Judge Nancy Hernández López, President of the Inter-American Court of Human Rights, who delivered in a keynote presentation about an approach to specific medical requirements in detention from a human rights perspective in the Inter-American system of human rights.

Agenda of the seminar: English , French.

The seminar was co-funded by the European Union.

Prosecutor Brammertz Concludes Missions to Western Balkans  

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Prosecutor Brammertz Concludes Missions to Western Balkans  

The Hague, 27 September 2024 – Mr. Serge Brammertz, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals, has concluded a concerted series of missions to the Western Balkans, including visits to Bosnia and Herzegovina, Croatia, Montenegro and Serbia.

Through meetings with senior officials from all four countries, events such as the annual conference of regional war crimes prosecutors, media appearances and engagements with the diplomatic community, Prosecutor Brammertz sought to bring visibility and attention to war crimes justice.

He aimed to inject urgency and encourage a new dynamic, recognizing that almost three decades have passed since the end of the armed conflicts in Bosnia and Herzegovina and Croatia. Prosecutor Brammertz also worked to achieve agreement and support for solutions to challenges in regional cooperation.

At the conclusion of these visits, Prosecutor Brammertz gave the following statement:

I am pleased to have had the opportunity in recent weeks to engage with a broad range of partners and stakeholders throughout the Western Balkans and discuss how we can together achieve more justice for more victims of crimes committed during the conflicts in the former Yugoslavia. I was particularly grateful to have been received by many senior officials, including Heads of State and Government, Ministers and Chief Prosecutors.

In all my engagements, my message was clear: there is still much more work to be done. Many perpetrators have not yet been held to account, and many victims are still waiting for justice. That is not to diminish the results that have been achieved: as I also consistently explained, more war crimes accountability has been realized in the region than for any other contemporary conflict. But the justice process must continue, and the task ahead of us remains of vital importance.

Without exception, the response I received was that national commitments to accountability remain firm. The countries of the region recognize their responsibilities and have a clear understanding that justice is critical, for the victims, for reconciliation and for the rule of law. Agreements were reached on concrete steps forward that will be backed up by political and technical support, including with respect to the transfer of cases involving unavailable suspects and accused from Bosnia and Herzegovina to other countries in the region.

Prosecutors and government officials reported that the assistance provided by the Mechanism Office of the Prosecutor is valued and having significant impact. They are requesting that our cooperation together be even further strengthened, recognizing the difference support from my Office makes in ensuring accountability. The mandate given by the Security Council to my Office to assist our partners is a tangible demonstration of how the UN and the international community are assisting Member States to achieve their national priorities for war crimes justice.

Of course, there are still many challenges, and I had open and frank discussions about them. For a number of years now, I have expressed my concerns that matters have not always been on the right track. The number and pace of trials have not been commensurate to what is needed. Many well-known suspects continue to enjoy impunity. In several areas judicial cooperation is effectively non-existent. And the glorification of war criminals and denial of crimes have moved more and more to the fore. I will continue the dialogue with our partners to identify objectively where we need to do better and the solutions that are available.

Over the course of my missions I saw signs of opportunities for a fresh approach. There are many new faces in positions of responsibility, particularly members of younger generations who seem less burdened by the past. Old views and ways of doing things may not have the same influence, particularly when the focus is on a better future. I encouraged all my interlocutors to move forward and resolve outstanding issues, and offered my firm support. I trust they will more fully meet their responsibilities to achieve justice for all victims of war crimes committed during the conflicts in the former Yugoslavia.

Next year will mark three decades after the conflicts in Bosnia and Herzegovina and Croatia came to an end. Victims and the public will ask what has changed in the time since, and what they can expect the next ten years will bring. It is my hope that our common message will be respect for the victims, continued dedication to justice and positive relations between communities built on the truth and reconciliation.

Prosecutor Brammertz visited Croatia from 1 to 3 September and met with he Minister of Justice and Public Administration, Damir Habijan, and the State Attorney-General of the Republic of Croatia, Ivan Turudić. He visited Serbia from 3 to 5 September and met with the President of Serbia, H.E. Aleksandar Vučić, the Minister of Justice, Maja Popović, and the Acting Chief War Crimes Prosecutor, Dušan Knežević. During his visit to Montenegro from 16 to 19 September, Prosecutor Brammertz met with the President of Montenegro, H.E. Jakov Milatović, the Prime Minster, H.E. Milojko Spajić, the Minister of Foreign Affairs and Deputy Prime Minister, Ervin Ibrahimović, the Minister of European Integration, Maida Gorčević, the Minister of Justice, Bojan Božović, the Supreme State Prosecutor, Milorad Marković, and the Special State Prosecutor, Vladimir Novović. He also attended the annual conference of war crimes prosecutors from the Western Balkans region. Finally, from 23 to 25 September the Prosecutor visited Bosnia and Herzegovina and met with the Minister of Justice, Davor Bunoza, the Acting President of the Court of BiH, Minka Kreho, and the Chief Prosecutor of BiH, Milanko Kajganić, as well as victim’s representatives from all three communities and the High Judicial and Prosecutorial Council.

Crackdown on Fraudsters Targeting Cities and Municipalities

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Crackdown on Fraudsters Targeting Cities and Municipalities

The Hague, 26 September 2024

German and Italian authorities worked together with Eurojust and Europol to stop a fraudulent scheme. The suspects targeted public institutions, cities, and municipalities, and were able to cause damages of several million euros. On 24 September, an operation took place where technology and assets were seized and search warrants against five suspects were executed.

For over a year, suspects ran a fraudulent scheme in Germany that made them millions. Several public institutions, companies, cities, and municipalities were affected by the scheme. By using phishing techniques, the suspects gained access to real invoices that were addressed to public institutions and companies. The fraudsters manipulated them with their own financial information. The manipulated invoices were then sent to victims, who paid them to the fraudsters instead of their business partners.

Investigations into the scheme identified five suspects with Italian and German citizenship. As authorities needed to search properties in Germany and Italy, a cross-border case was opened at Eurojust. Coordination through Eurojust defined the strategy of the investigation between the German and Italian authorities. Authorities decided to execute simultaneous searches in the two countries to gather evidence of the fraud and seize assets that were gained through the fraudulent scheme. Europol provided continuous intelligence development to map out the different targets and their criminal activity.

On 24 September, search warrants against five suspects were executed in Germany and Italy and ten propereties were searched. During the operation, Europol activated a Virtual Command Post to provide support from its headquarters to the investigators on the field as they carried out their enforcement actions. Assets were provisionally secured, and cell phones, computers, and data storage devices were seized. Special Forces will now investigate the seized technology as the investigation continues.

The following authorities were involved in the actions:

  • Germany: Public Prosecution Office Leipzig – Central Cybercrime Office, Leipzig Criminal Investigation Department – Commissariat 33 (Cybercrime)
  • Italy: Public Prosecutor’s Office Naples; Economic and Financial Police Units of the Guardia di Finanza Naples, Verona, Treviso and Bolzano

Eurojust supports major operation against Albanian drug-trafficking ring in Italy: 66 arrests

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Eurojust supports major operation against Albanian drug-trafficking ring in Italy: 66 arrests

The Hague, 26 September 2024

A large-scale cocaine-smuggling ring was dismantled by authorities in Italy, Albania, Poland and Switzerland, coordinated by Eurojust. During an action day, a total of 45 suspects were arrested, most of them in Italy. Prior to the action day, 21 suspects involved in the sale of cocaine in and around the city of Brescia were arrested. In total, 66 arrests were made. The Albanian-led organised crime group (OCG) had been selling cocaine from Latin America for at least four years, mainly in the north of Italy.

Eurojust set up a coordination centre this week to support and coordinate the actions of all authorities involved. During the investigations and the action day, for an estimated amount of EUR 4 million in cash was seized, as well as 360 kilograms of cocaine, luxury vehicles and watches, telecommunications equipment, arms and ammunition.

Investigations into the drug-smuggling network started in 2020 at the request of the Public Prosecutor’s Office (PPO) of Brescia. The OCG used five warehouses and storage centres in and around Brescia to distribute the cocaine.

The suspects laundered their illegal profits via an extensive network of enterprises run by an Italian-Chinese organisation set up for this purpose, which supplied fake invoices with a total value of around EUR 375 million. The OCG members will be charged with the trafficking of illicit drugs, money laundering and investment fraud.

During this week’s action day, over 400 officers were deployed across Italy. To assist the authorities on the ground, Eurojust set up a coordination centre at its premises in The Hague and supported the execution of European Arrest Warrants and requests for Mutual Legal Assistance towards Albania and Switzerland. Europol facilitated the exchange of information between the involved countries and provided operational coordination as well as analytical support. On the action day, a Europol analyst with a mobile office was deployed to cross-check information on the spot in Italy.

The operations were carried out at the request of the PPO of Brescia via the following authorities:

  • Italy: PPO Brescia; Anti-Mafia District Directorate of the Guardia di Finanza – Provincial Command of Brescia; Central Investigation Service for Organised Crime (SCICO), Rome; International Police Cooperation Service Liaison Bureau, Tirana
  • Poland: PPO Warsaw; Central Police Bureau of Investigations
  • Albania: Special Prosecution Office against Corruption and Organised Crime (SPAK); Albanian State Police
  • Switzerland: Office of Attorney-General; Federal Police (Fedpol)

Global Leaders and Advocates, Including Queen Mathilde and Prince Harry, Unite in New York to End Child Violence at UNGA Event

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Global Leaders and Advocates, Including Queen Mathilde and Prince Harry, Unite in New York to End Child Violence at UNGA Event

Queen Mathilde of Belgium, Prince Harry, Duke of Sussex, Forest Whitaker, UN Leaders, and Advocates Unite in New York to End Violence Against Children at UN General Assembly Event

NEW YORK, Sept. 23, 2024 (GLOBE NEWSWIRE) — Queen Mathilde of Belgium, Prince Harry, Duke of Sussex, along with UN agency heads and distinguished dignitaries, gathered in New York on September 22 to meet with survivors and advocates working to end violence against children. The event coincided with the 79th session of the United Nations General Assembly (UNGA 79).

Hosted by Dr. Tedros Adhanom Ghebreyesus, Director-General of the World Health Organization (WHO), and organized by Project Everyone, this intimate gathering featured testimonies from survivors and reflections from global leaders. Attendees included officials from Sweden, Colombia, Zimbabwe, Georgia, Canada, Iceland, Brazil, and the UK.

The event took place just days after the release of an open letter (September 17, 2024) from survivors, advocates, and allies, urging world leaders to take swift action to end violence against children. This call to action precedes the inaugural Global Ministerial Conference on Ending Violence Against Children, to be held in Colombia this November.

Signatories of the open letter, including public figures Forest Whitaker, Shudu Musida, and Will Poulter, were present at the event, which reinforced the importance of immediate action.

According to the WHO, half of the world’s children—over 1 billion—experience violence annually. This violence takes many forms, including corporal punishment, bullying, online abuse, gang violence, child marriage, and child labor.

Experts highlight that breakthrough solutions are available, including parenting support, school-based programs, child-friendly health and social services, protective legislation, and safer online environments. Implementing these strategies has been shown to reduce violence against children by up to 50%.

Will Poulter, actor and ambassador for The Diana Award’s anti-bullying program, served as Master of Ceremonies and shared a poignant message: 

“Violence takes many forms—both physical and psychological—and each leaves a lasting impact. With one billion children experiencing violence worldwide, the numbers are staggering. But behind the statistics are real lives, and it’s our collective responsibility to protect these children.”

International Sport Law and Athletes’ Human Rights at Asser Institute

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International Sport Law and Athletes’ Human Rights at Asser Institute

Following the Paris 2024 Olympics, the Asser Institute, a renowned inter-university center for knowledge and research in private, public international, and European law, is set to host two significant conferences in October 2024, focusing on international sports law and athletes’ human rights.

October 23, 2024: Empowering athletes’ human rights 

On October 23, 2024, the newly launched Global Sport and Human Rights Research Network under the Asser Institute and Centre for Sport and Human Rights will host a conference together with the European Union-funded project Human Rights Empowered Through Athletes’ Rights (H.E.R.O.). This one-day event will engage in critical discussions on athletes’ rights, focusing on how to protect these rights and prevent violations within the sports industry.

October 24-25, 2024: International Sports Law Journal (ISLJ) Conference

On October 24 and 25, the Asser Institute will host the 2024 edition of the International Sports Law Journal (ISLJ) Conference. As the leading academic journal in transnational sports law and governance, the ISLJ provides a platform for international debates on the latest developments in the field.

Key Themes of the ISLJ Conference:

Drivers and Effects of Reform in Transnational Sports Governance
Transnational sports governance has faced continuous crises and reforms due to corruption scandals, human rights violations, and legal challenges. This year’s conference will critically examine the triggers and impacts of reforms in sports governance, from the creation of new bodies (e.g., the Athletics Integrity Unit) to the adoption of human rights commitments by organizations such as FIFA and the IOC.

Football and International Relations
Football, as a global sport, is increasingly intertwined with international relations, particularly in the context of sanctions, wars, and regional disputes. The conference will explore the role of FIFA and UEFA in navigating these political challenges while maintaining their stated neutrality, along with the legal processes that guide their decision-making.

Olympic Challenges
The legal questions surrounding the Paris 2024 Olympics remain, including the controversy over the hijab ban imposed by the French Federation and the debate on whether Olympians should be financially compensated by the IOC or the International Federations. Keynote speaker Prof. Jules Boykoff, a noted critic of the Olympic regime, will explore the IOC’s ability to adapt to modern challenges while preserving the existing model of Olympism.

Conference Participation

The conferences will be available for both in-person and virtual participation, allowing attendees from around the world to engage with the discussions.

Notable Speakers:

  • Ariel Dulitzky (University of Texas)
  • Burak Gemalmaz (Istanbul University)
  • Pedro José Mercado Jaén (European University Institute)
  • Cathérine Van de Graaf (University of Cologne)
  • Seamus Byrne (Manchester Metropolitan University)
  • Layckan van Gensen (Stellenbosch University)
  • Jules Boykoff (Pacific University, Oregon)
  • Brendan Schwab (Schwab Legal)
  • Katarina Pijetlovic (Catolica University)
  • Béatrice Martel (McGill University)
  • Marcus Mazzucco (University of Toronto)
  • Veronika Yefremova (Leiden University)
  • Sarah Carrick (Manchester Metropolitan University)
  • Miquel Aznar Company (Universitat de València)
  • Niyati Pandey (Gujarat National Law University)
  • Tarun Tarun (Gujarat National Law University)

Organizers:

Chief Prosecutor Serge Brammertz Meets with Officials of Montenegro

Diplomat Magazine
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Chief Prosecutor Serge Brammertz Meets with Officials of Montenegro

The Hague, 20 September 2024 – Serge Brammertz, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals (Mechanism), visited the Republic of Montenegro from 16 to 19 September 2024, in preparation for his regular biannual report to the UN Security Council (UNSC).

During his visit, Prosecutor Brammertz held high-level meetings with the President of Montenegro, H.E. Jakov Milatović; Prime Minister, H.E. Milojko Spajić; Minister of Foreign Affairs and Deputy Prime Minister, Ervin Ibrahimović; Minister of European Integration, Maida Gorčević; Minister of Justice, Bojan Božović; Supreme State Prosecutor, Milorad Marković; and Special State Prosecutor, Vladimir Novović. He also met with the EU Ambassador to Montenegro, Johan Sattler, and other diplomatic representatives.

IRMCT Chief Prosecutor Serge Brammertz and Montenegrin President Jakov Milatović.

Prosecutor Brammertz commended Montenegro’s renewed focus on justice for war crimes, highlighting the government’s comprehensive approach, which reflects widespread political support. He also expressed satisfaction with the close cooperation between the Office of the Prosecutor (OTP) and the Special State Prosecutor’s Office (SSPO). Recognizing the high expectations for progress in investigations and prosecutions, Brammertz emphasized the need for increased resources for the SSPO, as outlined in Montenegro’s National War Crimes Strategy.

The OTP has supported the SSPO by reviewing its extensive evidence collection—comprising over ten million pages—and identifying Montenegrin nationals suspected of war crimes, including grave acts of sexual violence. This evidence has been analyzed and handed over to the SSPO, resulting in the establishment of a joint task force to advance investigations. One indictment has already been filed, and additional indictments are expected. Both offices agreed to continue their close cooperation on war crimes cases, with the OTP offering expert training and assistance.

IRMCT Chief Prosecutor Serge Brammertz and Montenegrin Prime Minister Milojko Spajić.

Montenegrin officials praised the strong partnership with the OTP and reaffirmed their commitment to achieving justice for war crimes committed during the conflicts in the former Yugoslavia. They welcomed the OTP’s assistance in strengthening Montenegro’s judicial processes and expressed a desire to further enhance cooperation as the country works toward EU accession.

Prosecutor Brammertz was updated on Montenegro’s progress, including the positive Interim Benchmark Assessment Report and the adoption of the National War Crimes Strategy. While significant progress has been made, the need for further action—especially in strengthening the rule of law—was emphasized. The strategy outlines essential steps, including bolstering the resources and capacity of the Special Prosecutor’s Office and Special Court. The OTP’s ongoing support will be crucial to ensuring successful implementation.

Chief Prosecutor Serge Brammertz at the the ‘Regional Conference of Prosecutors on War Crimes Cooperation’ in Podgorica, organized by UNDP & Montenegro’s Supreme State Prosecutor’s Office, with EU support.

One key development during the visit was the amendment of Montenegro’s Criminal Procedure Code to allow the admission of evidence from the OTP. Additional judicial reforms were discussed, with plans for the OTP to submit further proposals.

The discussions also addressed regional cooperation and reconciliation, with Prosecutor Brammertz commending Montenegro’s positive collaboration with other countries in the region, particularly Bosnia and Herzegovina. He noted opportunities for enhanced cooperation with Croatia, which the OTP stands ready to support. Montenegrin officials reiterated their commitment to fostering good neighborly relations and promoting justice as a foundation for reconciliation, while countering denial and glorification of past crimes.

IRMCT Chief Prosecutor Serge Brammertz and Montenegrin Supreme State Prosecutor Milorad Marković and Chief Special Prosecutor Vladimir Novović.

Earlier this month, Prosecutor Brammertz visited Croatia and Serbia, and he is scheduled to visit Bosnia and Herzegovina next week for further discussions on regional war crimes justice.

Prosecutor Brammertz will present his next report to the UN Security Council later this year.

Brammertz Calls for Renewed Cooperation on War Crimes in the Balkans

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Brammertz Calls for Renewed Cooperation on War Crimes in the Balkans

Chief Prosecutor Serge Brammertz urges for Renewed Regional Cooperation in War Crimes Prosecution at Western Balkans Conference

The Hague, 20 September 2024 — Serge Brammertz, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals (IRMCT), participated in the annual conference of war crimes prosecutors from the Western Balkans, held in Podgorica, Montenegro, on 17-18 September.

Brammertz began by expressing gratitude to the European Union for its financial support of the conference, organized by the UNDP, and for backing the joint EU-IRMCT initiative aimed at bolstering war crimes justice in the region. He acknowledged the European Union’s critical role in combating impunity and fostering reconciliation.

This year marks the 20th anniversary of the first gathering of regional war crimes prosecutors in Palić, Serbia. Brammertz recalled that from the outset, it was clear that successful war crimes prosecution relied on robust regional cooperation. The key challenge has remained unchanged: many perpetrators live in countries different from where they committed their crimes and cannot be extradited. Prosecutors must, therefore, collaborate, share evidence, and transfer cases to ensure justice is served.

Reflecting on the past two decades, Brammertz lamented that initial optimism had not fully materialized. After some progress, cooperation regressed, hindered by political interference and government decisions that chilled prosecutorial efforts. In some cases, cooperation between countries is virtually non-existent, with trials in absentia and many perpetrators still evading justice.

Chief Prosecutor Serge Brammertz at the the ‘Regional Conference of Prosecutors on War Crimes Cooperation’ in Podgorica, organized by UNDP & Montenegro’s Supreme State Prosecutor’s Office, with EU support.

However, Brammertz pointed to recent positive developments, particularly among Bosnia and Herzegovina, Serbia, and Montenegro. Prosecutors have begun exchanging evidence and transferring cases, including those involving senior and mid-level officials. Some governments have taken steps to ease tensions, such as Serbia’s decision to suspend the arrest of Bosnian citizens on war crimes charges.

Brammertz called on the assembled prosecutors to renew their commitment to cooperation. He highlighted the urgent need to address approximately 400 war crimes suspects identified by Bosnian prosecutors, most of whom reside in Croatia and Serbia. During his recent visits, Brammertz discussed this issue with senior officials from both countries, who agreed to process the transferred cases. He expressed confidence that the Croatian State Attorney’s Office and Serbia’s War Crimes Prosecutor’s Office would prioritize these cases and issue indictments where appropriate.

The annual conference, Brammertz emphasized, offers a valuable platform for war crimes prosecutors to update one another on their work, share experiences, and tackle common challenges, particularly regarding conflict-related sexual violence cases. Discussions this year focused on enhancing prosecutorial cooperation and improving the transfer of evidentiary materials.

In closing, Brammertz reminded his colleagues that victims and survivors have high expectations for justice. They are counting on the prosecutors to pursue accountability for those responsible for war crimes.

Following high-level meetings in Montenegro, Brammertz is set to visit Bosnia and Herzegovina next week to continue discussions on war crimes justice in the region. He will present his next report to the UN Security Council later this year.

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