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6.1 categories of international crime


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international crime

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6.1 categories of international crime

  2. 2. Definitions • The authority of an independent state to govern itself, eg: to make an apply laws, to impose and collect taxes, to make war and peace and to form treaties with foreign states State Sovereignty • A broad term covering any crime that is punishable by a state but that has international origins or consequences or a crime recognised by the international community as punishable International Crime • A most serious crime of concern to the international community as a whole, recognised by the international community as requiring punishment Crimes Against the International Community • Crime that occurs across international borders, either actually or potentiallyTransnational Crime
  3. 3. Categories of International Crime  Can be divided into 2 main categories:  Crimes against the International Community  Crimes outlined in international agreements, or part of international customary law  Transnational Crime  Crimes that are committed in more than one country
  4. 4. Genocide War Crimes Piracy (at sea) Hijacking of aircraft Slave trading Crimes against the international community There is no one list of Crimes that fit this category, but most nations agree that the following are crimes against the international community
  5. 5. Specific Cases  Darfur  Began in 2003  ICC issued warrant for arrest of President Omar Bashir  Rwanda  1994  1,000,000 Rwandans killed in 100 days  mass slaughter of Tutsi and moderate Hutu by Hutu majority  First conviction in 2012  Thomas Lubango from the DRC  Very large trials – lengthy and expensive Genocide International Criminal Court
  6. 6. Transnational Crime Drug importation Human Trafficking Terrorism
  7. 7. Specific Cases  “Deceptive recruitment” of at least two Thai women; possibly preparing to bring more women from Thailand to Australia.  Initially pleading not guilty Dobie changed his plea to guilty and was sentenced for 5 years imprisonment.  The first person in Australia to be convicted for trafficking offences.  Recruited six women from Malaysia to work at a brothel.  The women, who knew little to no English, were not permitted to leave the brothel premises without permission until their “debts“ were repaid and were made to work up to 20 hours a day.  Threatening violence and deportation, Wong forced the women to take medication to prevent them menstruating and perform unusual sex acts  Found guilty; sentenced to six years R v Dobie (2009) R v Chee Mei Wong (2013)
  8. 8. Problem:  When a crime has been committed in multiple countries, where do we hold the trial?
  9. 9.  Domestic Measures  International Criminal Court Dealing with International Crime
  10. 10. Domesticmeasures Sign international agreements Ratify international agreements Fund law enforcement agencies to deal with international crime
  11. 11. Sign international agreements  Geneva Conventions  Rome Statute 1998  Parlermo Protocol 2000  Mutual Assistance in Criminal Matters Act 1987  Extradition Act 1988  34 bilateral treaties  London Scheme (129 nations all together) About crimes against the international community Extradition Treaties & Mutual Assistance agreements
  12. 12. Ratify these international agreements  Geneva Conventions Act 1957  ICC Act 2002  ICC (Consequential Amendments) Act 2002  Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking Act) 2013 Pass domestic law which supports these agreements
  13. 13. Fund law enforcement agencies to deal with international crime  Australian Federal Police  Australian Crime Commission  Australian Border Force  Attorney-General’s Department  The Courts
  14. 14. International measures  The UN cannot create nor enforce legally binding laws  There is no “international parliament”  There is no “international police force”
  15. 15. Most serious International Crimes: Crimes against humanity  180 million victims of genocide since WWII  Almost no prosecutions  Much progress in prosecuting those involved  Rwanda  Bosnia  Darfur  Is it enough? 1945-1990 1990-present
  16. 16. System of international criminal justice • ICTY • ICTR Ad hoc Tribunals • Since 2002 • Deals with current and future crimes against humanity International Criminal Court
  17. 17. International Criminal Tribunal for the Former Yugoslavia (ICTY)  Created by a UN Security Council Resolution in 1993  Jurisdiction over breaches of the Geneva Conventions and international customary law committed in the former Yugoslavia since 1991  Slobodan Milosevic – arrested 2001; trial began in 2002, died in 2006  Radovan Karadzic – arrested 2008; still on trial  Ratko Mladic – arrested 2011; on trial since 2012  Cases
  18. 18. “The Tribunal was the first court to undertake the prosecution and adjudication of the gravest international crimes since the post-World War II Nuremberg and Tokyo trials. Over the past two decades, it has irreversibly changed the landscape of international criminal and humanitarian law.”
  19. 19. Is this enough? House of good and evil ED CAESAR THE AUSTRALIA N SEPTEMBE R 08, 2012 “The question that is often asked of the tribunal is this: justice for whom? Do the victims of heinous crimes committed in the Balkan wars feel that justice has been done because a judgment is handed down far away? Is it enough that these trials take place, that facts are established, and victims' voices heard?” “Justice is never perfect... The ICTY might be slow, and bureaucratic - but it has transformed butchers and gods back into men.”
  20. 20. International Criminal Tribunal for Rwanda (ICTR)  Created in 1994  Jurisdiction over the 1994 Rwanda genocide  Expected to formally close in 2015  Kambanda (1998) – only Head of State to plead guilty to genocide; life imprisonment  Surprise acquittals of government officials by the “Appeals chamber” in 2009 & 2013 lead to large scale protests  Has cost over $1.7 billion (traditional Rwandan Gacaca courts have put 2mil ppl to trial for $40mil)
  21. 21. International Criminal Court  Created by the Rome Statute in 1998, to avoid having to create ad hoc Tribunals each time there is an issue.  In the Hague, in the Netherlands
  22. 22. Issue with effectiveness Despite initially signing the Rome Statute, the US has since withdrawn from the ICC, and encouraged other nations to not cooperate
  23. 23. Issue with effectiveness ICC was established in 2002; first conviction was not until 2012.
  24. 24. Issue with effectiveness Ngudjolo was the first acquittal at the ICC, also in 2012. Is this a problem? Are acquittals necessarily a bad thing?
  25. 25. Issues with effectiveness Significant number of ICC cases have come from African nations. What might be the consequenc es of this bias – whether real or perceived?
  26. 26. Issues with effectiveness Accusations of war crimes against both sides. Case must be referred to the ICC by the UNSC – which means the agreement of 5 permanent members (incl. China, Russia & US) Since 2012, Palestine has been able to sign up to Rome Statute… But this could threaten peace negotiations.