Types of International Crime & Sources of Law for International Crimes
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Types of International Crime
International Crime - criminal aspect of international law and international aspect of criminal law eg: Lockerbie plane bombing. A criminal act that has international repercussions on people, state, peace, IL or the enforcement of IL. Include such crimes as apartheid, crimes against humanity, against peace, of aggression, genocide, hijacking, hostage taking, piracy, slavery, torture, trans-national crimes and war crimes. Protected by UN Declaration of Human Rights 1948, Geneva Convention 1949 and other statues.
Crimes committed outside the jurisdiction of a State
Take place outside a particular nation’s criminal laws eg piracy, aircraft hijacking, and terrorism. Take place in international waters or airspace.
Occur within a state’s legal system but contain an international element. May mean people are involved in crimes in several countries eg drug trade, hostage taking, and terrorism.
Crimes against the international community
Crimes committed by individuals and states that the international community says are wrong. May be aimed at the whole international community or at specific groups or members within a community. Eg War crimes, crimes against peace and humanity, terrorism, slavery, genocide.
Sources of law for international Crimes
- Criminals may pay money to avoid detection or arrest.
- Criminals may be ‘masterminds’ at avoiding detection such as computer and technological fraud.
- Some states have little police assistance, have old laws or poorly drafted laws that allow easier evasion by criminals.
- Extradition occurs when a person is handed over by one state to another state because that person is committed of a crime in the latter state. Can only be conducted if there are bilateral or multilateral treaties, United Nations (UN) conventions, and customary international law. Aim is the cooperation between states and for states to be able to enforce their domestic law.
- Rendition is where an offender will be returned from one state to another to be tried where there is not an extradition treaty. There is no right to it or any formal processes for it to occur.
- Australia has signed over 1700 treaties, most administered by the UN.
- WTO has developed a complex series of laws to protect international property such as for patents, and for the copyright of materials. Known as TRIPS.