INTERNATIONAL CRIME
SECTION 6 CRIME HSC
Mr Shipp
Term 3, 2014
Remember your
notes from
Human Rights
And don’t forget
World Order
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
• 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
• 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
• 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
• 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
• 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
• Causes of Transnational crimes
• difference in socio-economic conditions
between countries
• country that prohibits products
• differences in political or ideological viewpoints
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
• 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)
• 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
• 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
• 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
TONY MOKBEL
EXTRADTION TREATY
Extradition treaties with Australia
• 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)
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
• 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
Recognition of the
icc
• 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
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
B) state sovereignty
answer:
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
C) war crime
answer:
Sorry no pic for this one
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
B) an extradition treaty
answer:
4. Which of the following is best characterised as a transnational
crime:
A) murder
B) torture
C) sexual assault
D) people smuggling
D) people smuggling
answer:
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

International Crime

  • 1.
    INTERNATIONAL CRIME SECTION 6CRIME HSC Mr Shipp Term 3, 2014
  • 2.
    Remember your notes from HumanRights 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 in2002, 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 ICConly 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 ofthe 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 thattake 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 ofTransnational 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 ICCis 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 AustralianFederal 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 Conventionsand 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 throughbilateral 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.
  • 18.
  • 19.
    • Main InternationalPolice 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 WITHINTERNATIONAL 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 establishmentof 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.
  • 23.
    • Enormous costsare 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.
  • 26.
    2. Which ofthe 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: Sorryno pic for this one
  • 28.
    3. The processwhereby 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 extraditiontreaty answer:
  • 30.
    4. Which ofthe following is best characterised as a transnational crime: A) murder B) torture C) sexual assault D) people smuggling
  • 31.
  • 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