INTERNATIONAL CRIMESECTION 6 CRIME HSC

Mr Shipp Term 3, 2014

Remember your notes from

Human Rights

And don’t forget World Order

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 heinous crimes

crimes against the international community

• 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

• Established in 2002, The Hague

• Rome Statute of the International Criminal Court, or ‘Rome Statute’ is a treaty that founded the court

• 121 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

Hint: Strong Paragraph can be developed for the ICC for an International crime question

• 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 or the member state complies

• Punishments of the court can be:

• Maximum of life imprisonment (no death penalty)

• forfeiture of assets

• The ICC will decide which prison the offender will be sent to complete the term

• crimes that take place across international borders

• fraud, hacking or drug trafficking, internet crimes, terrorism, trafficking child pornography

Transnational Crimes

Hint: Many Western nations have developed anti terrorist laws. Defining terrorism can be difficult due to conflicting political views

• Causes of Transnational crimes

• difference in socio-economic conditions between countries

• country that prohibits products

• differences in political or ideological viewpoints

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

• The Mutual Assistance in Criminal Matters Act 1987 (Cwlth) gives legal power for the Govt to assist other nations

Domestic Measures

• The ICC is seen as a last resort court and to supplement the Australian Legal System

• There have been no crimes prosecuted under the ICC Act and there have also been no Australian Judges at the ICC

• Most International Crimes are listed under the Criminal Code 1995 (Cth)

• 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

• Geneva Conventions and the Rome Statute of the International Criminal Court are the main developments

• Matters heard in the ICC have largely been from African Nations

• Ad Hoc Tribunals have also been used to combat individual war crimes in nation states

International Measures

Hint: It is important to remember the differences between human rights and world order when using international crime

• 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

Click here for

extradition treaty

TONY MOKBELEXTRADTION TREATY

Extradition treaties with Australia

• Main International Police System, 188 member countries

• Discussion to develop an international police force that is advocated by INTERPOL and the UN

INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL)

EFFECTIVENESS OF DEALING WITH INTERNATIONAL CRIME

• Some 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

• The establishment of the ICC has seen to be an effective measure, however it is costly and has a perceived western centric bias

• Still criticism exists due to the speed of the international community to act on particular crimes

• E.G The Darfur Conflict

Recognition of the icc

• Enormous costs are involved to investigate such crimes which may lead to only a few criminals being convicted

• The ICC has 121 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)

Hint: International Crime is often tested in multiple choice questions

MULTIPLE CHOICE: CRIME

1. One of the limitations of the International Criminal Court is:

A) that is an independent and permanent court B) state sovereignty

C) that it cannot try individuals D) that its jurisdiction is universal

B) state sovereignty

answer:

2. Which of the following is not considered as a transnational crime:

A) human trafficking B) international fraud

C) war crime D) transnational internet crime

C) war crime

answer:

Sorry no pic for this one

3. The process whereby a suspect or convicted criminal is surrendered to another jurisdiction to face

criminal charges is known as:

A) bilateral agreement B) an extradition treaty C) a transnational crime

D) none of the above

B) an extradition treaty

answer:

4. Which of the following is best characterised as a transnational crime:

A) murder B) torture

C) sexual assault D) people smuggling

D) people smuggling

answer:

EXTENDED RESPONSE: CRIME

• Strong Paragraph themes for this section include ICC, ADHOC Tribunals, Domestic Measures on Terrorism Australia, Extradition

Evaluate the effectiveness of the criminal justice system and include a discussion on international crime