international laws, crimes, and development

lessons slides 1 to 4

Define international law

Law that has jurisdiction in more than one country.

How does international law work?

Agreements or laws that countries sign that are binding, setting international framework.

What are different sources of international laws?

Formal agreements, treaties (bilateral and multilateral)

What are formal agreements in international law?

States that sign binding agreements but can leave any time with possible consequences.

What are treaties?

Agreements under international law entered into by sovereign states that dictate specific actions, intentions, and consequences.

What are bilateral and multilateral treaties?

Treaties between two states or between three or more states.

Define judicial decisions

Legal opinions written by a judge or panel of judges resolving a legal dispute.

What is the International Court of Justice (ICJ)?

Part of the UN; settles disputes between member states who agree to accept the judicial process as binding.

What is the role of the ICJ?

Court mediation between nations; not a criminal court and does not try individuals.

What is an example of the ICJ’s duties?

Canada and Spain turbot fish war; UN ruled that coastal states have the right to control excessive fishing off their shores.

What are some subject areas of international law regarding human safety?

Human rights, regulating use of armed forces, protection of individuals during war.

What are other subject areas of international law?

Trade and development, governance of non-states, environmental issues, transportation.

Review: What is sovereignty?

The lawful control by a state over its own territory and the right to govern and apply law to that territory.

Review: What is a state?

A country or nation considered an organized political community under one government.

Define internal sovereignty

Power over subjects living within the state.

Define external sovereignty

The right of a state to forge trade agreements and participate in the international community.

What is the International Criminal Court (ICC)?

Established by UN Rome Statute to deal with individual criminal responsibility.

What is the role of the ICC?

Focusses on trying individuals for genocide, war crimes, crimes against humanity, and aggression.

List the key features of the ICC

Fair trials, independent prosecution, upholding defendant rights, victim’s voices, witness protection, outreach communication.

What is the Trust Fund for Victims?

Made to support and implement programs that address harms resulting from war crimes.

What is the TFV’s two-fold mandate?

Implement court-ordered reparations and provide support to victims.

Define international crimes

Crimes which affect the peace or safety of more than one state or justify the intervention of international agencies.

What are examples of international crimes?

War crimes, genocide, piracy.

Define crimes of aggression

Planning, preparation, initiation, or execution by a person in a position of control to direct the political military action of a State.

What is an example of crimes of aggression?

The invasion, bombardment, blockade, or attack by armed forces of one State on the territory of another State.

Define crimes against humanity

Acts deliberately committed as part of a systematic attack directed against any identifiable civilian population.

What is an example of crimes against humanity?

Enslavement, extermination, persecution, or any other inhumane act committed against an identifiable group.

Define war crimes

An action carried out during war that violates accepted international rules of war.

Define genocide

An act committed with intent to destroy, in whole or in part, an identifiable group of persons.

Define smuggling of migrants

Procurement of illegal entry of a person into a State of which the person is not a national or permanent resident.

Why is smuggling of migrants illegal?

States are required to criminalize smuggling, enabling a person to stay in a country illegally, and inhumane treatment of migrants.

How does migrant smuggling occur?

Detours or last minute changes to take advantage of weak border control and smuggling through land, boats, air, and crates.

How much revenue does migrant smuggling procure?

A worldwide industry of $35 billion generated from migrant pay.

Define human trafficking

Illegally transporting people from one country to another for the purposes of forced labour or s*xual exploitation.

What are the statistics of human trafficking?

Fastest growing crime in the world with low prosecution rates; over 50% of victims are s*xually exploited.

Define money laundering

The concealment of the origins of illegally obtained money or making large amounts of money from criminal activity.

What are the three steps to money laundering?

Placement, layering, integration.

What are fronts?

Legitimate, cash-based business owned by criminal organizations used to launder money.

What is smurfing/structuring?

The criminal breaks up large amounts of cash into multiple small deposits spread over different accounts.

What is currency exchange (as a form of money laundering)?

Sneaking and depositing large amounts of cash into foreign accounts where enforcement is less strict.

What are investments as a form of money laundering?

Investing dirty money into valuable assets such as gold, real estate, shell companies, etc.

What are shell companies?

Inactive companies that exist only on paper.

What is electric money laundering?

Makes detecting illegal transfers of money almost impossible through anonymity.

What is terrorist financing?

Funds are directed to support any kind of terrorist activity.

What Act has been made by the government to counteract money laundering?

Proceeds of Crime Act; specifies information that financial institutions must collect about their clients.

How does the Proceeds of Crime Act report large or suspicious transactions?

Reporting it to the Financial Transactions and Reports Analysis Center of Canada (FINTRAC)

What is FINTRAC?

Canada’s financial intelligence unit; mandate is to facilitate the detection and deterence of money laundering and terrorist financing.

Define arms smuggling (aka gunrunning)

The illegal trafficking or smuggling of contraband weapon or ammunition.

What are customary international laws?

A common pattern that has emerged overtime to become binding law.

Define diplomatic immunity

Form of legal immunity that ensures diplomats are given safe passage and not susceptible to lawsuit or prosecution under host country’s laws.

What are formal agreements?

Most common means of establishing international rules; can be through treaties, conventions, protocols, covenants, acts.

What was the Treaty of Westphalia?

Ended the 30 years War within Holy Roman Empire in Europe.

What was included in the Treaty of Westphalia?

Reinforced old ideas and principles of sovereignty; nations must contribute to global well being and state authority can be limited by other states.

What was the League of Nations?

Forum created after WWI to discuss international disputes and maintain world peace.

What were the three main organs of the League of Nations?

Assembly, council, and secretariat.

Why did the League of Nations fail?

Many countries disagreed and it did not prevent WWII.

What are the Geneva Conventions (1949)

Principles created to limit the impact of war and minimize damage for civilians.

How many countries have signed the Geneva Conventions?

196 countries have signed.

What are the United Nations?

International organization founded to maintain international peace, relations, and human rights.

What are the six main organs of the UN?

General assembly, security council, economic and social council, secretariat, trustee council, ICJ.

What is Article 38 of the Statue of the ICJ?

A list of principles recognized by civil nations and mechanisms for addressing international issues.

What are judicial decisions and teachings?

Decisions made by the ICJ and domestic courts that are of persuasive value but have no binding force.

What are the permanent members of the UN Security Council?

China, France, UK, Russia, US.

How does the Security Council work?

Requires 9 out of 15 votes, but all permanent members must vote yes.

What cases does the ICJ take on?

Cases submitted by states to settle a legal dispute; fulfilling advisory requests on legal opinions.