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10 Laws 1 (2021)

handle is hein.journals/laws10 and id is 1 raw text is: laws MDPI Article APUNCAC and the International Anti-Corruption Court (IACC) Stuart S. Yeh check for updates Citation: Yeh, Stuart S. 2021. APUNCAC and the International Anti-Corruption Court (IACC). Laws 10: 1. https://dx.doi.org/10.3390/ laws10010001 Received: 9 November 2020 Accepted: 21 December 2020 Published: 25 December 2020 Publisher's Note: MDPI stays neu- tral with regard to jurisdictional claims in published maps and institutional affiliations.. Copyright: ) 2020 by the author. Li- censee MDPI, Basel, Switzerland. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license (https://creativecommons.org/ licenses/by/4.0/). Department of Organizational Leadership, Policy, and Development, University of Minnesota, Minneapolis, MN 55455, USA; yehxx008@umn.edu Abstract: The draft Anticorruption Protocol to the United Nations Convention against Corruption (APUNCAC) seeks to implement aggressive measures to fight corruption and impunity, including United Nations inspectors who would conduct independent investigations into allegations of cor- ruption and hand cases to dedicated domestic anticorruption courts. APUNCAC is designed to be a free-standing proposal. However, it could be combined with Judge Mark Wolf's proposal for an International Anti-Corruption Court (IACC). An advantage of combining IACC + APUNCAC is that the combination defuses the key arguments against the IACC. This article reviews evidence sug- gesting that leaders of nations that currently experience endemic corruption might find it politically expedient to adopt the proposed reforms. The article discusses the advantages of combining IACC + APUNCAC. The combination would establish an independent corps of elite investigators, endow them with strong powers to conduct independent investigations, and enable them to refer cases to dedicated anticorruption courts staffed by judges vetted by the United Nations Commission on Crime Prevention and Criminal Justice. APUNCAC establishes mechanisms to ensure accountability of judges serving dedicated anticorruption courts. By addressing the key arguments against the IACC, the proposal to combine IACC + APUNCAC may enable broad public support in nations that would require public support in order to secure ratification. Keywords: corruption; international public law; international governance; rule-of-law 1. Introduction The Anticorruption Protocol to the United Nations Convention against Corruption (APUNCAC) is a draft 200-page international convention developed by the author over the past decade (Yeh 201 a, 2011b, 2012a, 2012b, 2013, 2014a, 2014b, 2015, 2020a, 2020 , 2,'2:, forthcoming).1 The objective is to fill gaps in the existing international legal framework that fights corruption. The existing framework does not establish an international corps of anticorruption inspectors that are independent of manipulation by domestic elites, does not establish a system of dedicated anticorruption courts, does not ensure the integrity of prosecutors and judges who serve those courts, and does not install an effective sys- tem to collect and centralize accurate beneficial owner information whenever funds are transmitted internationally or to known bank secrecy havens in amounts exceeding USD 3000.2 APUNCAC contains provisions that would address each of these gaps. The ratio- nale is that, in the absence of these provisions, domestic elites can manipulate domestic law enforcement, domestic legal systems, and the international financial system in a way APUNCAC. Accessed 25 November 2020. http:/ /tinyuri.com/y6bkpott. APUNCAC was introduced via two articles published in 2011. See (Yeh 2011a). Corruption and the Rule of Law in Sub-Saharan Africa. African Journal of Legal Studies 4: 187-208, Yeh (2011b). Ending Corruption in Africa through United Nations Inspections. International Affairs 87: 629-50. 2 Existing efforts focus on establishing registries to register beneficial ownership of companies, but this would not help investigators in cases where illicit flows are intermingled with legitimate funds. APUNCAC focuses, instead, on requirements that would force beneficial owners to reveal their identities with regard to international transfers to known bank secrecy havens, defined as jurisdictions on the U.S. State Department's list of jurisdictions of primary concern. See Bureau for International Narcotics and Law Enforcement Bureau for inernational Narcotics and Law Enfnrcemenr Affairs (2017). International Narcotics Control Strategy Report. vol. 2. Washington, DC: United States Department of State. The rationale for this focus is that criminals use jurisdictions where regulation is lax to hide illicit funds. Laws 2021, https://doi.org/10.3390/laws10010001 https://www.mdpi.com/journal/laws

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