International Crime-Transnational Crime Essay Plan PDF

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HSC LEGAL STUDIES: CRIME INTERNATIONAL + TRANSNATIONAL CRIME

How effective are domestic and international measures in dealing with transnational crime? Domestic and international measures have been effective to a moderate extent in dealing with transnational crime, though this is often undermined by cooperation between nations and resource inefficiencies. With the increase in recent crimes happening across national borders, greater measures need to be put in place to increase its ability to regulate and prevent further crimes. This is most specifically seen with the Australian Federal Police, the Australian Border Force, various international measures such as INTERPOL, as well as responses to cybercrime, drug trafficking and terrorism. Thus, domestic and international measures have been effective to a moderate extent in dealing with transnational crime. AFP The Australian Federal Police represents a domestic measure which has been effective to a moderate extent in dealing with transnational crime. Ø Protected under the Australian Federal Police Act 1979 (Cth), the AFP is the federal police agency for the Commonwealth of Australia and is integral in protecting Australia from crime across borders Ø Detective from the State Crime Command’s Drug Squad and AFP conducted a joint investigation called ‘Strike Force Colette’ to investigate the sale of drugs over the internet and charged a 43-year-old man who was selling illicit drug supply on the ‘dark web’ (SMH, June 2017) Ø South Australian Parole Board Chairwoman Frances Nelson has criticised the Australian Federal Police for not providing state authorities with information about those with terror links (The Australian, June 2017)- undermining its effectiveness as a domestic measure to deal with transnational crime- resource inefficiencies Ø Crimes Legislation Amendment (Power, Offences and Other Measures) Bill 2017 (Cth)- Bill will amend the Australian Federal Police Act 1979 (Cth) to better clarify the functions of the Australian Federal Police and enable cooperation with international organisations and NGO Thus, the AFP represents a domestic measure which has been effective to a moderate extent in dealing with transnational crimes, that is crimes cross national borders.

Australian Border Force The Australian Border Force represents a domestic measure which has been effective to a moderate extent in dealing with transnational crime Ø Established on 1 July 2015 under the Australian Border Force Act 2015 (Cth), the Australian Border Force was created by merging the Australian Customs and Border Protection Service with immuration detention and compliance functions of the Department of Immigration and Border Australia, based on a hybrid of the UK Border Force Model. Ø The Australian Border Force seized more than 80 market guns, as well as 43 firearm silencers and 37 kilograms of gunpowder, after raiding more than a dozen prioritise from a tip-off from US authorities (SMH, June 2017)- effective in dealing with international crime from cooperation between nations Ø As of 2016, approx 15% of the Force is firearms trained which will increase by 2020 to less than 25%- implementing greater measures to deal with transnational crime

HSC LEGAL STUDIES: CRIME INTERNATIONAL + TRANSNATIONAL CRIME Ø According to a 9 News June 2017 Media Report, “Border force using x-ray vision to sniff out illegal goods”, it was revealed that the ABF is stepping up efforts to sniff out illegal and dangerous items coming into Australia- more than 120 million packages arrive from overseas each year, among which the facility is picking up crystal methamphetamine hidden in metal gates and GPS devices and cocaine concealed in charcoal à overcome resource inefficiencies to ensure greater cooperation between nations Thus, the Australian Border Force represents a domestic measure which has been effective to a moderate extent in dealing with transnational crime. More Australian Measures: Ø ACIC o

Australian Crime Commission Amendment (National Policing Information) Act 2016 (Cth) amended ACC Act 2002 to amalgamate ACC with CrimTrac Agency, broadening investigative, research and information powers/services Ø Home Affairs Department (created at end of 2018) o Assuming responsibility for immigration, border control, national security and law enforcement and agencies ASIO, AFP, ABF, ACIC o Intended to improve internal bureaucratic efficiencies by centralising power o “As yet the government has not explained how it is that this very substantial change to our national security arrangement is going to indeed make Australia safer” - Mark Dreyfus, Shadow Attorney General (SBS, July 2017) Responses to Cybercrime Cybercrime represents a rising form of transnational crime in which domestic and international measures have been effective to a moderate extent in dealing with it. Ø CyberCrime Act 2001 (Cth)- changed existing legislation relating to malicious cyber activity due to 9/11 terror attacks in US Ø Cyber Crime Legislation Amendment Act 2012- aligned Australia with international obligations, that is the Council of Europe Convention on CyberCrime- made it easier for police to track cybercriminals and help combat criminal offences in cyberspace Ø Introduction of “Carly’s Law”, which was in response to a South Australian teenager Carly Ryan, who was murdered by a 47-year-old man she met on the internet o According to the press release, “Carly’s Law will enable law enforcement agencies to take action against predators sooner and with greater consequence. It will give police the power to intervene before predators have a chance to act, and will also serve a strong deterrent, with a tough new sentence of 10 years prison for convicted offenders” Ø Introduction of ACORN as a “national policing initiative” to enable the public to report cases of cybercrime, helping to make data collection for police easier. However, International money launderers using Australian Government site, Job Active to lure unsuspecting job seekers into becoming money mules (lack of security)- undermines effectiveness of measure to deal with cybercrime (ABC News, June 2016) Ø With increases in incidents of malware and viruses infiltrating into Australia’s national borders and impacting companies, government contracts show the ATO, Australian Securities and Investment Commission, Department of Employment, AFP and Department of Defence have almost spent a combined $500,000 on Cellebrite and related services from

HSC LEGAL STUDIES: CRIME INTERNATIONAL + TRANSNATIONAL CRIME Australian-based providers. This technology company helped the FBI hack the phone of the San Bernadino shooter (SMH, JUNE 2017) Ø Arthur Katsogiannis, Commander of the NSW Fraud and Cyber Crime Squad, says internetenabled crime “poses the greatest challenge to law enforcement in the 21st century- both in terms of the risk to our national security, our border protection and the impact it has on the economy overall” (SMH, June 2015) Thus, domestic measures with the aid of international measures have been effective to a moderate extent in dealing with cybercrime, as a form of transnational crime.

Responses to Drug Trafficking Domestic and international measures in response to drug trafficking have been effective to a moderate extent in dealing with transnational crime Ø Australian Crime Commission has identified crystal methamphetamine, or ice, as the highest risk of all illicit drugs available in Australia. (The Conversation, December 2015) Ø AFP Investigation with State Crime Command Gangs Squad, into a threat from bikies led to a record 1.4 tonne seizure of ephedrine, a precursor drug to ice, disguises as sea salt in a shipping container. The drugs have an estimated value of $650 million. This has marked the largest ephedrine seizure on record and biggest haul of precursor chemicals to be stopped at Australian borders- further investigations were followed by Australian Border Force officers, AFP detectives, National Anti-Gangs Squad Officers and ACT Policing Taskforce NEMESIS (The Daily Telegraph, June 2017) Ø Bali Nine Case- AFP tipped off counterparts in Indonesian National Police, who later arrested Scott Rush with three other mules at Bali’s Denpasar airport as they were able to return to Australia with nearly 8kg of heroin strapped to their bodies- effective in preventing transnational crime with cooperating from other nations (The Australia, August 2010) Ø Heads of National Drug Law Enforcement for Asia-Pacific, under the United Nations meet to implement measures to combat illicit drugs Ø AFP authorities have found that an international drug syndicate used drones to conduct counter-surveillance on police before seven members were arrested in Melbourne over a $30 million shipment of cocaine from Panama (ABC NEWS, June 2017)- new tactics used by drug traffickers with measures need to be put in place to combat Thus, domestic and international measures in response to drug trafficking have been effective to a moderate extent in dealing with transnational crime.

Responses to Terrorism Domestic and international measures in response to terrorism as a growing form of transnational crime has been effective to a moderate extent. Ø Australia’s laws against terrorism are exhibited in Part 5.3 of the Criminal Code Act 1995 o Recent amendments to strengthen domestic measures with the Foreign Fighters Act (2014) and Counter- Terrorism Legislation Amendment Act (No.1) 2016 o Regulated by the Australian Secret Intelligence Service

HSC LEGAL STUDIES: CRIME INTERNATIONAL + TRANSNATIONAL CRIME Ø United Nations Office of Counter-Terrorism recently developed a partnership with tech giants Facebook, Microsoft, Twitter and YouTube to counter terrorism and violence extremism online. The Global Internet Forum to Counter Terrorism partnership with further strengthen these “counter-speech” protections through research and evidence based efforts Ø UN Global Counter-Terrorism Strategy adopted in 2006 is a unique global instrument to enhance national, regional and international effects to counter terrorism. However, a 2010 review conference found that the strategy’s potential to “provide for collaborative, holistic counterterrorism efforts is either unknown or largely overlooked beyond New York, Geneva, and Vienna” Ø UN General Assembly has not reached consensus on definition of terrorism that would be adhered to by all countries. In turn, differences over the definition have been a major factor in the failure to pass a Comprehensive Convention on Terrorism, which criminalises all forms of international terrorism Therefore, domestic and international measures in response to terrorist activities have been effective to a moderate extent.

Responses to Human Trafficking Ø UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (2000) Ø Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 (NSW) International Measures International law enforcement and cooperative measures and intergovernmental agreements have been effective to a moderate extent in dealing with transnational crime Ø INTERPOL’s role is to ensure and promote the widest possible mutual assistance between all criminal police authorities, in the spirit of the Universal Declaration of Human RightsINTERPOL World 2017- to allow for greater measures to be implemented àhowever effectiveness has been undermined by international cooperation o Illegal drugs worth an estimated USD 360 million seized across Asia Pacific and Middle East regions in INTERPOL- coordinated operation. During the two-week operation, more than 5000 police and customs officials conducted checks at land, air and seaports across 23 countries (wide scope of investigations)- September 2017 o Law enforcement officials, security and industry experts meeting in New Work to strengthen global partnerships against intellectual property crime, as an INTERPOL led measure (August 2017) o INTERPOL meeting in Bucharest brought together more than 25 high ranking officials from six countries in the Middle East and Africa to improve the exchange of information between counter-terrorism experts (role in promoting and enhancing regional cooperation) o INTERPOL currently developing ‘early warning system’ against terrorism intelligence to further combat international and transnational crime (July 2017) o INTERPOL and British Telecom (BT) signed agreement which will see increased cooperation between two organisations to prevent and combat cybercrime- share

HSC LEGAL STUDIES: CRIME INTERNATIONAL + TRANSNATIONAL CRIME threat intelligence data relating to criminal trends in cybercrime and emerging threats Ø Australian-China High-Level Security Dialogue- treaty between Australia and China developed in April 2017 in which both countries agreed to strengthen law enforcement cooperation and deepen dialogue on cyber issues and counter-terrorism Ø ICC: o Prosecutes genocide, war crimes and other crimes against humanity o Issues: voluntary participation, requires translators (expensive) o Has only issued 3 verdicts o The Prosecutor v Joseph Kony and Vincent Otti: tried for 33 crimes and 32 crimes respectively, however in both cases, execution of arrest warrants issued in 2005 still pending o The Prosecutor v Tomas Lubanga Dyilo: Lubanga convicted of war crimes, sentenced to total of 14 years imprisonment however took 6 years to complete trial (arrested January 2006 and convicted March 2012) Ø UN: o Promotes cooperation of member states through declaration and treaties such as Universal Declaration of Human Rights and ICCPR o Does so through General Assembly and Security Council, responsible in promoting international peace and security and authorising military measures § Recently, Security Council levied economic sanctions on North Korea in response to nuclear developments which threatened international security § United Nations Office on Drugs and Crime- tackling illicit drugs, crime and terrorism o However, limited by compliance and enforceability since no judicial powers in regulating international law and relations Thus, domestic and international measures have been effective to a moderate extent in dealing with transnational crime. This was most specifically seen with the Australian Federal Police, the Australian Border Force, various international measures such as INTERPOL, as well as responses to cybercrime, drug trafficking and terrorism; since its effectiveness is often undermined by cooperation between nations, resource inefficiencies and inadequate measures to address the matters at hand. Nevertheless, measures have been put in place and will continue to, to increase the effectiveness of their responses. -...