Chapter 6International crime

In this chapter, you will study the concept of international crime. You will be introduced to the main categories of international crime and look at the legal and non-legal responses to deal with international criminal issues. You will also consider the effectiveness of measures dealing with international crime.

• Countries today view their role as part of an international community differently and cooperate more than ever before.

• In criminal law, there is growing recognition that certain acts committed by individuals might be so extreme or universally condemned that they should be enforced by all jurisdictions.

• Globalisation, increased international travel and advances in technology have also increased opportunities for crimes to be committed across jurisdictional borders.

Defining international crime

• International crimes involve a breach of the criminal standards imposed by the international community, or some crossing of international borders in the commission or planning of the crime.

• They are broadly divided into two main categories:

– crimes against the international community

– transnational crimes.

Categories of international crime

• Crimes against the international community are crimes recognised by the international community as being of universal concern.

• They are crimes so serious that they are condemned by the whole international community and are punishable internationally.

Crimes against the international community

The International Criminal Court was established in 2002 by the Rome Statute as a court of last resort to prosecute crimes against the international community.

Crimes against the international community

The ICC recognises three broad categories of crimes against the international community:

– genocide– crimes against humanity– war crimes.

A fourth category, known as crimes of aggression, which relates to acts of war, is still being negotiated.

Crimes against the international community

• Transnational crimes are similar to domestic crimes, such as fraud, hacking or drug trafficking, but involve movement across international borders.

Transnational crimes

• Some of the main types of transnational crimes include:

– human trafficking and people smuggling

– international fraud and white collar crime

– transnational internet crimes

– international terrorism

– trade or trafficking in illegal goods.

Transnational crimes

Domestic measures for dealing with crimes against the international community include:• Australia’s ratification of the Rome Statute for the International Criminal Court in 2002 and involvement with that court

• domestic legislation criminalising acts that constitute crimes against the international community, for example:

– War Crimes Act 1945 (Cth) and Geneva Conventions Act 1957 (Cth)– International Criminal Court Act 2002 (Cth)– Chapter 8 of the Commonwealth Criminal Code (‘Offences Against Humanity and Related Offences’).

Dealing with international crimeDomestic measures

Domestic measures for dealing with transnational crimes include:• the Australian Federal Police (AFP) deals with transnational crime in Australia but also assists regionally and worldwide• Commonwealth Attorney-General’s Department • Australian Crime Commission• Australian Customs Border Protection Service• state bodies.

Domestic measures

International measures for dealing with crimes against the international community include:

• international agreements, such as the Rome Statute establishing the International Criminal Court• specific international tribunals, including the historic Nuremburg trials or Tokyo trials of World War II, or the International Criminal Tribunal for the former Yugoslavia (ICTY)• extradition treaties between countries.

International measures

International measures for dealing with transnational crimes include:

• the International Criminal Police Organisation (INTERPOL)• international agreements such as the United Nations Convention against Transnational Organised Crime • the Pacific Transnational Crime Network (PCTN)• extradition treaties between countries.

International measures

Significant issues to address relating to transnational crimes include:

• international cooperation between states and provision of adequate resources

• coordination between international agencies and exchange of information

• efforts and compliance in weaker or poorer jurisdictions.

The effectiveness of measures dealing with international crime

Significant issues to address relating to crimes against the international community include:

• courts are established to deal with atrocities after they have been committed

• the international community has often been too slow to stop atrocities before they occur or while they are occurring

• difficulty in capturing offenders, especially where they are protected inside their own jurisdiction

• cost of investigating and prosecuting cases

• incomplete membership of the ICC

• danger of imbalanced or biased use of international mechanisms.