3. 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
4. • 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
5.
6. • 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
7. • 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
8.
9. • 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
10. • 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
11. • Causes of Transnational crimes
• difference in socio-economic conditions
between countries
• country that prohibits products
• differences in political or ideological viewpoints
12. 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
13. • 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)
14. • 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
15. • 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
16. • 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
19. • 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)
20. 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
21. • 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
23. • 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
24. 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
26. 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
28. 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
32. 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