1.6 International Crime

What is international crime?

  • a broad term covering any crime that is punishable by a state, but that has international origin or consequences, or a crime recognised by the international community as punishable.

revision: what is state sovereignty? right to govern yourself without foreign interference. Every international law is voluntary → they can refuse.

State Sovereignty & International Crime

means that each state wants to maintain its independence and authority over its own jurisdiction. in order to deal with international crime a spirit of cooperation is required (the greatest weakness of international law).

Types of international crime

Crimes against the international community

  • a crime serious enough to be concerning to the international community as a whole, and is recognised by the international community as punishable.

  • this is somewhat subjective, meaning there is no fully agreed upon list of such crimes. However, they almost always include:

    • Genocide: the deliberate extermination of a national, ethnic, racial or religious group.

    • Crimes against humanity: “widespread and systematic attack” against any civilian population. This is a broader crime than genocide (see article 7 of the Rome Statute (text p. 131)).

    • War Crimes: An action carried out in war which violates the accepted international ways of war. (e.g. The Geneva Conventions on the treatment of victims of war) (see article 8 of the Rome Statute).

    • Piracy (at sea): The UN Convention on the law of the sea defines piracy as “all illegal acts of violence or detention… committed for private ends by the crew or passengers of a private ship” But it says that piracy can take place only “on the high seas” or “outside the jurisdiction of any state”.

    • Slavery: The 1926 definition, found at article 1(1) of the slavery Convention, reads, “slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.”

    • Slave trading/human trafficking: all acts involved in the capture, transport, acquisition or disposal of a person with intent to reduce them to slavery and/or prostitution.

    • Terrorism: Terrorism is commonly understood to refer to acts of violence that target civilians in the pursuit of political or ideological aims. In legal terms, although the international communty has yet to adopt a comprehensive definition of terrorism, as political viewpoints vary on who is a ‘terrorist’, and who is a ‘freedom fighter’ or ‘rebel’.

    • Hijacking of aircraft. Evaluation: The importance of all states condemning a crime means it makes it harder for criminals as they cannot simply flee the original jurisdiction, or because they have political power. Rule of law, Enforceability.

  • Universal Jurisdiction

    • some states are willing to claim a right to prosecute by claiming that ‘universal jurisdiction’ exists- the crimes are so serious that normal roles of jurisdiction should not apply.

    • this is controversial, and some states are more willing to do this than others.

  • The International Criminal Court

    • An independent international court established by the Rome Statute in 2002 to prosecute and try international crimes of the most serious nature.

    • originally ratified by 60 states, now at 123. Some 16 countries (like Russia) have signed but not ratified.

    • Australia is a party of said treaty.

    • only bound by the law if you are signed in

    • only persecute is local justice can’t.

    • The ICC can impose the following sanctions on individuals:

      • Imprisonment up to life imprisonment in a state prison designated by the court.

      • fines

      • forfeiture of assets

Transnational Crimes

  • Crime that occurs across international borders, either in origin or effect

  • similar to domestic crimes, but involve movement across international borders as part of the criminal act.

  • the movement across borders can be the result of different socio-economic conditions, the desire for prohibited goods/substances, different political/ideological views, or avoiding detection.

  • examples include:

    • International fraud or white collar crime:

      • Tax evasion

      • Money laundering - the concealment of the origins of illegally obtained money, typically by means of transfers involving foreign banks or legitimate businesses.

    • slave trading/human trafficking

    • terrorism

    • Arms trafficking - the illegal smuggling (movement) of contraband weapons or ammunition.

    • Drug trafficking - distribution and sale of illegal drugs between countries.

    • Transnational internet crime - data theft, internet fraud, copyright infringement, spam networks, creation and distribution of child pornography.

International measures to address International crime

International measures can be generally divided into the following categories:

  • Cooperation among governments through international treaties and international organisations targeted at specific types of international crimes

  • international courts and tribunals to deal with enforcement of international law

    • cooperation and intelligence sharing between national and sub-national agencies to tackle problems of trans-border crime.