Section 6 of the Crime Course Core Topic

1. INTERNATIONAL CRIME
SECTION 6 CRIME HSC
Mr Shipp
Term 3, 2014

2. Remember your
notes from
Human Rights
And don’t forget
World Order

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

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

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

17. TONY MOKBEL
EXTRADTION TREATY

18. Extradition treaties with Australia

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

22. Recognition of the
icc

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

25. B) state sovereignty
answer:

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

27. C) war crime
answer:
Sorry no pic for this one

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

29. B) an extradition treaty
answer:

30. 4. Which of the following is best characterised as a transnational
crime:
A) murder
B) torture
C) sexual assault
D) people smuggling

31. D) people smuggling
answer:

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