international crime
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PROJECT
DATE CLIENT2011 MR SHIPP
INTERNATIONAL CRIMESECTION 6 CRIME HSC
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Categories of International Crime
crimes that have universal concern. There is no fully agreed list of crimes
Such crimes as genocide,war crimes, piracy (at sea), hijacking of aircraft and slave trading are considered universal crimes
CRIMES AGAINST THE INTERNATIONAL COMMUNITY
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universal jurisdiction - where a state claims a rare right to prosecute a person for actions committed in another state, based on the common international opinion that the alleged crime is so serious that normal laws of criminal jurisdiction do not apply
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Established in 2002, The Hague
Rome Statute of the International Criminal Court, or ‘Rome Statute’ is a treaty that founded the court
110 state parties to the ICC, 18 judges from around the world
3 main categories of jurisdiction- genocide, crimes against humanity and war crimes
INTERNATIONAL CRIMINAL COURT
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The ICC only has jurisdiction when:
the accused is a national of a member state of the treaty
the alleged crime occurred in the territory of a member state
the situation is referred to the ICC by the UN Security Council
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Punishments of the court can be:
Life imprisonment (no death penalty)
forfeiture of assets
The ICC will decided which prison the offender will be sent to
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crimes that take place across international borders
fraud, hacking or drug trafficking, internet crimes, terrorism, trafficking child pornography
TRANSNATIONAL CRIMES
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Causes of Transnational crimes
difference in socio-economic conditions between countries
country that prohibits products
differences in political or ideological viewpoints
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Dealing with International Crime
DOMESTIC MEASURES
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Dealing with International Crime
crimes committed abroad are limited by jurisdiction
Signing and ratification of the Rome Statute
Australia has passed the International Criminal Court Act 2002 (Cth) to comply with international law
DOMESTIC MEASURES
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The ICC is seen as a last resort court and to supplement the Australian Legal System
There has been no crimes as far prosecuted under the ICC Act and there has also been no Australian Judge at the ICC
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AUSTRALIAN FEDERAL POLICE
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The Australian Federal Police plays a significant role in combating transnational crimes
The AFP has increased due to the rise in international crime
Areas include child protection, terrorism operations, stopping human trafficking and drug operations
AUSTRALIAN FEDERAL POLICE
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OTHER AGENCIES INVOLVED IN ADDRESSING INTERNATIONAL CRIME IN AUSTRALIA
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Commonwealth Attorney General’s Department
Australian Crime Commission
Australian Customs and Border Protective Service
Australian High Tech Crime Centre
OTHER AGENCIES INVOLVED IN ADDRESSING INTERNATIONAL CRIME IN AUSTRALIA
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INTERNATIONAL MEASURES
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Geneva Conventions and the Rome Statute of the International Criminal Court are the main developments
Matters heard in the ICC
situation in Uganda
situation in Darfur, Sudan
situation in Central African Republic
situation in Congo
situation in Kenya
INTERNATIONAL MEASURES
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EXTRADITION TREATIES
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Developed through bilateral agreements between countries
Australia has signed over 130 treaties with other countries
Australia, extradition is governed by the Extradition Act 1988 (Cth)
EXTRADITION TREATIES
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INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL)
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188 member countries
Discussion to develop an international police force that is advocated by INTERPOL and the UN
INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL)
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OTHER AREAS TACKLING INTERNATIONAL CRIME
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Convention Against Transnational Organised Crime
Pacific Transnational Crime Network (PTCN)
OTHER AREAS TACKLING INTERNATIONAL CRIME
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Effectiveness of dealing with International Crime
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Effectiveness of dealing with International CrimeSome states may not have the resources or skills to combat sophisticated international crime
greater cooperation between states needs to develop to combat cross border crimes
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The establishment of the ICC has seen to be an effective measure
Still criticism exists due to the speed of the international community to act on particular crimes
E.G The Darfur Conflict
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Enormous costs are involved to investigate such crimes which may lead to only a few criminals being convicted
The ICC has over 110 members but some states are missing (USA, India, China)
Non Complying states fear an attack on their state sovereignty, leading to matters in their own country (Tibet, Kashmir)
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