international crime Flashcards
what is the definition of ‘international crime’?
international crime is a broad term covering any crime that is punishable by a state, but has international origin or consequences, or a crime recognised by the international community as punishable
what are the categories of international crime?
- crimes against the international community
- transnational crime
what is a crime against the international community?
a crime against the international community is a most serious crime, of concern to the international community as a whole, and recognised by the international community as requiring punishment
what are some examples of crimes against the international community?
- genocide
- war crimes
- piracy (at sea)
- hijacking of aircraft
- slave trading
what is a transnational crime?
a transnational crime is crime that occurs across international borders, either in origin or effect
what are some examples of transnational crime?
- human trafficking
- international fraud and white-collar crime (for example, tax evasion or money laundering)
- transnational internet crime (for example, data theft, internet fraud, copyright infringement, spam networks)
- international terrorism
- creation and trafficking of child pornography
- transnational trade in illegal substances
what are the Geneva Conventions?
the Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war
what is the Rome Statute?
the Rome Statute of the International Criminal Court (1998) is the international treaty that established the International Criminal Court (ICC)
what is the International Criminal Court (ICC)?
the International Criminal Court (ICC) is an independent international court established by the Rome Statute to prosecute and try international crimes of the most serious nature; the ICC started operating in July 2002 and has jurisdiction over three broad categories of international crime- genocide, crimes against humanity and war crimes- along with having the jurisdiction to prosecute crimes of aggression, however cases of this manner cannot be heard in the ICC until there is international agreement regarding it
what domestic measures have been taken in Australia to combat crimes against the international community?
- signing and ratification of the Rome Statute
- implementation of the War Crimes Act 1945 (Cth)
- implementation of the Geneva Conventions Act 1957 (Cth)
- implementation of the International Criminal Court Act 2002 (Cth) and the International Criminal Court (Consequential Amendments) Act 2002 (Cth)
what domestic measures have been taken in Australia to combat transnational crime?
- development of the Australian Federal Police (AFP) under the Australian Federal Police Act 1979 (Cth)
- development of the Commonwealth Attorney-General’s Department
- development of the Australian Criminal Intelligence Commission (ACIC) under the Australian Crime Commission Act 2002 (Cth)
- development of the Australian Border Force
- development of the Australian High Tech Crime Centre
what international measures have been taken to combat crimes against the international community?
- courts and tribunals- the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda
- extradition treaties
what international measures have been taken to combat transnational crime?
- development of the International Criminal Police Organisation (INTERPOL)
- development of the United Nations Convention against Transnational Organised Crime
- development of the Pacific Transnational Crime Network
why is the effectiveness in dealing with international crime limited?
the response to international crime can be limited due to the concept of state sovereignty, which claims that the government of any one nation state should have the jurisdiction to legislate over crime for itself, and that no other body, domestic or international, should be able to override this power; this largely limits the power of measures against international crime, such as the ICC
what are some acts of legislation that relate to international crime?
- International Criminal Court Act 2002 (Cth)
- the Australian Crime Commission Act 2002 (Cth)
- International Criminal Court (Consequential Amendments) Act 2002 (Cth)
- Australian Federal Police Act 1979 (Cth)
