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6 Cards in this Set

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Crimes against the international community

- Genocide; intention to destroy, in whole or in part, a national, ethnical, racial or religious group and such. 1948 Convention on the Prevention and Punishment of Genocide

War crimes; arise when there are serious breaches to IHL which is articulated in the four Geneva Conventions (GC), examples include; a. extensive destruction of property which is not justified by the military. inhumane treatment or torture. taking hostages

Transnational crimes

a. child sex tourism; Criminal Code Act 1995 division 272. Occurs when Australian travellers go to other nations in order to engage in sexual activity with minors. (imprisonment 20 years)

b. people smuggling and human trafficking; Migration act 1958 and Criminal Code vision 271 (Trafficking in person and debt bondage 12 years jail)

Crimes committed outside the jurisdiction

Fugitives and extradition

a fugitive is a person who flees after having committed a crime. To have the offender return to the state which the crime occurred extradition is required, the rules are

1. both states must recognise the offence in their criminal laws

2. If the punishment is too excessive and not accepted in the nation the person has fled to then application of extradition will not be successful

3. both nations must have a treaty allowing for the transfer of offenders.

Domestic responses to international crime

Crimes against the international community; wontHeard by domestic courts and tribunals, however, concern that domestic measures won't properly prosecute the matter

Transnational crimes; assistInterpol is the international body assists nation states to capture and to bring to trial people who commit crimes in different jurisdictions simultaneously.

Crimes committed outside of the jurisdiction; cthSome laws can extend offshore Crimes(child sex tourism) amendment act) but crimes committed in another jurisdiction need to be trialled in the nation where the crimes occurred. Although extradition can occur

Dealing with International Crime Internationally

2002 Rome statute established the permanent International Criminal Court (ICC) to prosecute a crime against the international community. Independent of the United Nations, it consists of 18 judges from 123 signatory nations.

- the ICC is the last resort and only prosecutes a matter when a sovereign state cannot. Member states retain their jurisdiction to investigate and prosecute international crimes and are encouraged to do so

ad hoc tribunals were used to deal with genocide, war crimes and crimes against humanity. e.g. the international criminal tribunal for Rwanda and for Yugoslavia


State sovereignty; legal notion that there is no higher authority than the state and thus the state cannot be compelled or forced to give someone up to the ICC. 122 nations support the ICC however key nations such as China, Russia and USA have not ratified this and all three are in the UN Security Council.Resources; in ten years the ICC heard one matter and the ad hoc (war crime) courts have been expensive and gained relatively few prosecutions and have taken a long time to constitute and fund.