International Crime HSC notes PDF

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Notes on introduction to categories of international crime, coupled with some case studies...

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International Crime - Notes LESSON 1 Defining International crime - International crimes are broadly defined and cover any crime with international origins or consequences. - Recently, crimes have been facilitated by growth in technology and globalisation. - International crimes are hard to investigate due to state sovereignty and barriers of cooperation between countries. - There has been an increased community awareness of international crimes and it has been advocated about by the media. Background to development of international criminal laws - Emerged after WW2 in 1945, the Charter of the International Military Tribunal, in1946 there was ‘recognition of individual responsibility.’ - Since 1990, wider variety of international laws and mechanisms have been introduced, such as: - Sanctions - Peace keeping - Peacemakers - Military intervention - Post criminal actions - Domestic courts - Criminal tribunals (ad hoc tribunals) - Actions within the International Criminal Court or International court of Justice

Categories of international crime ● Translational crimes ○ Are mainly sourced by economical interests → it’s huge money and the laws are easy to escape from because they are lagging behind and ineffective. (only 2% of all illegal economy generated from transnational crimes are confiscated) ○ Usually occurs in 1 country but can have international implications outside of domestic jurisdiction as key evidence may reside in other countries. ○ Types of transnational crimes ■ Money laundering ● The need to show their money as being acquired from ‘legitimate’ sources. ● There are several methods such as depositing divided amounts of a big lot of money and depositing it into bank accounts. Or buying

things or investing in businesses. People smuggling ● Irregular and illegal movement of people across borders on payment. ● The smugglers leave the people as soon as they have completed their job. ■ Human trafficking ● This practice deviates from smuggling in that the people are moved domestically across borders through deceptive means or coercion. ● They then exploit the victims rather than leaving them alone. E.g sex slavery ■ Arms trafficking ● Illegal smuggling of contraband, weapons, or ammunition ● June 2014 article “Why we’re gunning for the illegal trades in weapons’ → these smuggled weapons claim more than ½ a million victims every year. They impact economic prosperity and development of countries and trap women and children in fear. ■ Drug trafficking ● Global Illicit trade involving the cultivation, manufacture, distribution and sale of substances which are subject to drug prohibition laws. ● There are growing numbers of such crimes due to the accessibility of drugs becoming widespread and the weakening of country borders. Crimes against international community ○ Crimes which affect the operation, peace, or safety of more than one state or which require international agencies to investigate and intervene. ○ International crimes vary from domestic crimes that have potential impact on the international countries e.g. internal conflicts in Syria. ■ Genocide ● A specific act intended to destroy or eliminate national, ethical, religious, or racial groups. ○ This definition is the basis of a prosecution before the ICC. There is a need to prove intent and group membership. ○ It doesn't protect all human groups eg political or social → ineffectiveness of ICC. ● Rwanda ● Syria: mass atrocities and massacres against pro-democracy protesters and the civilian population and use of chemical weapons ■ Crimes against humanity ● Widespread and systematic practice of inhumane acts such as ■

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murder, extermination, forced pregnancy, torture, rape, political, racial, or religious persecution. (Article 7) ● Sexual violence was recently added to definition War crimes ● Serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility. Includes grave breaches of the Geneva Conventions. ● Eg. murder, mutilation, torture, taking hostages slavery, attacks on humans or buildings of religion or education. ● ICC does not have jurisdiction if the offender is under 18 years old → a weakness Crimes of aggression ● Planning, preparation, initiation, or execution by a person in a position effectively to exercise control over or to direct the political or military action of a state, of an act of aggression, which violates Charter of the UN by a severe gravity and scale.’ ● ‘Acts of aggression’ means ‘the use of armed force by a state against the sovereignty, territorial integrity, or political independence of another state. ○ North Korea launching a rocket ○ Russian invasion of Ukraine ○ Bombing of flight MH17.

LESSON 2 Dealing with international crime Cooperation between domestic laws, bilateral and multilateral treaties, international concepts such as universal jurisdiction. Jurisdictional issues ● Issue of state sovereignty ○ Eg. Bali 9 → complicates the management of international crime due to dissonances and inefficiencies between the domestic jurisdiction of countries (death penalties). - (AFP) ■ Hence it becomes easier for international criminals to exploit this aspect of international laws. ●

Prosecution can be controversial for crimes against humanity since they often occur in the context of military or political conflict. Meaning domestic laws are not functional . ○ Under the claim of universal jurisdiction, other states can prosecute offenders

Universal jurisdiction (+ve) International Justice Resource Centre: any serious crime against international law such as crimes against humanity, war crimes, genocive or anything that harms the international

community or international order, other states can prosecute the crimes. Eg. 1. Prosecution and imprisonment of Sadi Bugingo for crimes of genocide in Rwanda 2. Beatrice Munyenyezi lost US citizenship for immigration fraud after committing crimes of genocide in Rwanda. UN report 2010: DEALING WITH INTERNATIONAL CRIME “Law enforcement, like all national actors, is not geared to deal with international issues. Regional organisations, and INTERPOL facilitate information sharing and joint operation However, each criminal must be prosecuted in a national criminal justice system.” “The world still does not have global strategies to address and solve trade of heroin or cocaine” Dealing with international crime Domestically ● 2011 Australian Crime Commission Annual report ○ Transnational crimes pose a jurisdictional and logistical challenge to law enforcement. ○ Best defence is to have multinational and multi-agency investigations to disrupt international networks by targeting their key hubs and vulnerabilities. ○ However this is not possible due to state sovereignty. ○ Europol, interpol, and 9 international child protection enforcement agencies ran operation rescue targeting a global child abuse ring where the offenders were arrested and prosecuted domestically. ● Australian mechanisms ○ Parliament → laws ■ Extradition Act 1988 (Cth): can make or receive requests to extradite criminals to other countries. ● Then Australia can prosecute offenders domestically: R v Chee Mei Wong 2013 NSW, R v Wei Tang. ■ Mutual Assistance in Criminal Matters Act 1987 (Cth): enables Australia to obtain and provide government-to-government assistance in criminal investigations and prosecutions. ○ Courts → prosecuting ○ AFP (Australian federal police) ○ Australian General department ○ Australian crime commission ○ Commonwealth DPP (department of public prosecution) ○ Department of immigration ○ Australian Customs and Protective Services ○ Various government departments and agencies Case study: Project Spade SMH ‘348 arrested in global child porn investigation’ Nov 2013.

Offenders from Canada, USA, Spain, Mexico, Australia, and South Africa.

Case study: Sex slavery ● Human trafficking ○ Acquisition of people through force, fraud, or deception and exploiting them → sex slavery. ○ Crimes against humanity as it is involuntary ○ Very profitable business being the 3rd largest transnational crime ○ UN office of Drug ○ s and Crime ■ Increases the level of protection and assistance provided to victims. ■ Develop state capacity to investigate and prosecute trafficking offences ■ Encourage cross-border co-operation in investigations and prosecutions ○ International responses to sex slavery ■ Convention against Transnational Organised Crime and its Protocols. Eg. Protocol to prevent, suppress and punish trafficking in persons, especially women and children 2000 ● Article 3: provides definition of ‘Trafficking persons’ which guides nation states in their own development of domestic responses ● States need to legislate on their own accord to domestically deal with trafficking. However, due to differences in values regarding what is considered criminal before, there is no unity so far in implementing an effective response to human trafficking. ■ UN Global Initiative to Fight Human Trafficking ● Problem requires global cooperation strategies that build on national efforts ○ Domestic responses to sexy slavery and meeting its international rights obligations ■ A dedicated trafficking team, which is supplemented by cooperation with state police in investigations. ■ Criminal Code 1995 (Cth): its recent amendments ● Slavery Act amendments 2013 → ensuring the criminalisation of the broadest range of misconduct ● Vulnerable Witness Act 2013 → providing visas to vulnerable witnesses giving evidence ★ R V TANG (2008) ✅(high court) ○ Offender found guilty of several charges relating to illegal possession and slavery [s270 Crimnal Code 1995 (Cth)] ○ Women from Thailand were brought to Australia to work in brothels via deception and were kept detained by having their passports confiscated and deprived of money. ○ The high court dismissed the convinction appeal by the accused upon

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considering the provision of the Criminal Code covering ‘offences against humanity’ and ‘slavery, sexual servitude and deceptive recurting’ specific and explicit implementation of the definitions contained in Article(1) of the International Convention to Suppress the Slave Trade and Slavery.

International responses to International Crime Treaties & conventions - Define international crimes and set standards for international behaviour - The Geneva conventions (1864) - The Rome statute 2008 Courts and Tribunals → ad hoc tribunals - Ad hoc tribunals were the OG tribunals to deal with genocide, war crimes, and crimes against humanity. ICTR and ICTY - After the Rwanda and Yugoslavia atrocities it became apparent and crucial to establish a permanent international court. - ICC (international criminal court) is a permanent court established under the Rome statute. - It is independent from the UN and consists of 18 judges from 123 signatory nations. It has a ‘universal jurisdiction’ - It is sought as the last resort and only prosecutes when sovereign nations are unwilling or unable to do so. - Deals with CRIMES AGAINST INTERNATIONAL COMMUNITY Intelligence sharing and cooperation → various inter and intra-national agencies investigating and prosecuting international crimes. (INTERPOL, EUROPOL, UN agencies, NGO’s, and Virtual Global Taskforce) CASE STUDIES RWANDA ● Involved genocide, war crimes, and crimes agaisnt humanity: massacres, absurd killing rates, extermination, rape, and outrages on personal dignity. ● Soldiers, politicians, and citizens were amongst the perpetrators. ○ Pauline Nyiramsuhuko (genocide, crimes agaisnt humanity, war crimes) - life sentence ○ Callixte Nzabonimana (genocide) - life sentence ● 93 indictments:78 completed cases resulting in 56 convictions THOMAS LUBUNGA (2012) ✅ ● First conviction of the ICC, finding him guilty of committing war crimes by hiring child soldiers. Resulted in a 14years imprisonment. ● Demonstrated enforcement of human rights and upholding justice ● Possibly deters other rebel leaders and raising consciousness and awareness of the consequences of committing such crimes ● Provides elements of disclosure for those affected

→ CHILD SOLDIERS ● Many children are abducted and recruited by force, others join out of desperation for survival. ● CROC protects young persons and children’s rights up to the age of 18. ● Nations recognise and uphold Articles 35 and 36 of CROC LIMITATIONS of International law 1. Cost of justice a. ICTY (1993 - 2011) 1.7b b. ICC annual budget 90-100m (Euro) 2. Lack of cooperation → nations not recognising universal jurisdiction 3. Lengthy time taken to investigate and prosecute cases → upto 10 years due to language breakdowns and evidence collection 4. ICC based in the Hague, and is quite far away from nations who experience these crimes 5. Not all countries have signed to the Rome Statute 6. ‘Gridlock’ of cases for the courts, tribunals and ICC to deal with...