Syllabus Topic
Part I of the core: Crime
International crime
dealing with international crime:
- domestic and international measures
- limitations.
International crime poses a significant challenge to Australia's national security and public safety. In recent years, the rise of transnational criminal activities has underscored the need for robust measures to combat these threats. This article aims to explore the domestic and international strategies employed by Australia to tackle international crime, while also addressing the limitations and challenges inherent in these efforts.
Understanding International Crime in Australia
International crime encompasses a wide range of illicit activities, including drug trafficking, human trafficking, cybercrime, and terrorism. With an estimated 70% of serious and organised crimes in Australia committed by organisation based internationally or maintaining an international link, these crimes not only endanger individuals and communities but also have far-reaching implications for the economy and society.
Domestic Measures to Combat International Crime
Australia has developed a comprehensive legislative framework to address international crime, with key laws such as the Proceeds of Crime Act 2002 (Cth), aimed at assisting law enforcement in tracking and confiscating the proceeds of crime. Law enforcement agencies like the Australian Federal Police (AFP) and the Australian Border Force (ABF) play a crucial role in enforcing these laws and disrupting criminal networks. Additionally, intelligence gathering and sharing efforts between Australia’s domestic intelligence agency, the Australian Security Intelligence Organisation (ASIO), and ally agencies facilitate proactive measures to combat international crime. However, challenges persist in prosecuting offenders, particularly concerning evidence gathering and jurisdictional complexities.
International Cooperation and Measures
Australia actively engages in international cooperation to combat transnational crime. Mutual assistance is the process in which countries receive government-to-government assistance in criminal prosecutions, ensuring that Australia can prosecute criminals despite evidence being located in other countries. Extradition is the process by which one country surrenders an individual wanted for prosecution in another country. In Australia extraditions are subject to the Extradition Act 1988 (Cth), and can only occur between countries which has been declared an extradition country through a treaty or other domestic regulation.
The International Criminal Court (ICC) is a permanent international tribunal established to prosecute individuals for the most serious crimes of international concern, such as genocide, war crimes, and crimes against humanity. It operates based on the Rome Statute and its processes can be slow, exemplified by the ongoing case of Ali Muhammad Ali Abd-Al-Rahman for war crimes committed between 2003-2004. In contrast, the International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It settles disputes between states in accordance with international law and provides advisory opinions on legal questions referred to it by authorised UN organs. The ICJ's jurisdiction is limited to disputes between states and does not extend to prosecuting individuals for criminal offenses. Both courts play crucial roles in upholding international law and promoting justice on a global scale.
Limitations and Challenges
Despite concerted efforts, several challenges hinder Australia's ability to effectively combat international crime. Jurisdictional complexities and extraterritorial jurisdiction issues often impede investigations and prosecutions, particularly in cases involving multiple countries. Resource constraints, including budgetary limitations and capacity-building challenges, pose significant obstacles to law enforcement agencies. Moreover, technological advancements present new challenges, with cybercrime and encryption technologies enabling criminals to evade detection and prosecution. To better combat this scenario, Australia has committed to a new international production order framework by passing the Telecommunications Legislation Amendment (International Production Orders) Act 2021 (Cth), which enables agencies to seek data from communications service providers in foreign countries where Australia has an agreement. The first agreement signed under the new framework was the AUS-US Data Access Agreement, therefore agencies now have better access data held by American service providers. However, harmonising laws across jurisdictions remains a complex task, requiring ongoing efforts to streamline legal frameworks.
Sources
Australian Federal Police: 70% of serious and organised crimes in Australia
Federal Register of Legislation: Proceeds of Crime Act 2002 (Cth)
Australia Federal Police: Australian Federal Police
Australian Border Force: Australian Border Force
Australian Security Intelligence Organisation: Australian Security Intelligence Organisation
Attorney-General’s Department: Mutual assistance
Attorney-General’s Department: Extradition
Federal Register of Legislation: Extradition Act 1988 (Cth)
International Criminal Court: International Criminal Court
United Nations Office of the High Commissioner: Rome Statute
International Criminal Court: Ali Muhammad Ali Abd-Al-Rahman
International Court of Justice: International Court of Justice
Attorney-General’s Department: International production order framework
Federal Register of Legislation: Telecommunications Legislation Amendment (International Production Orders) Act 2021 (Cth)
Department of Home Affairs: AUS-US Data Access Agreement
