Chapter 6
International 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.
Defining 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.
Categories of 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.
Crimes against the international community
• 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.
Transnational crimes
• 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.
Dealing with international crime
Domestic measures
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’).
Domestic 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.
International 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.
The effectiveness of measures dealing
with international crime
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.
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.