International Law (International Preosecution
There is no specific law…
There is no specific law book, only an agreement within states = Extradition
-Weapons Smuggling, drug trafficking
Application of the criminal law is nationally codified. Application laws aren't agreed on with other states
Con: Concurrent Law in different states
Consequence: International contracts which prohibit double jeopardy (you can only be prosecuted once for each crime)
Internationally Recognised Starting Points of Criminal Law Application
Territory principle = Case is settles on the territory of prosecuting state
Flag Principle = Following the TP, crimes which were submitted online where the server is settled. The offender is then considered a citizen of the prosecuting state.
Active/Passive Personal Principle = State of origin can decide if the offender / victim should be prosecuted not only in the state of offence but also in the state of origin.
Situations that favour cross-border crime
Wealth Gap, social structures
Free movement (Borderless states)
Lack of cooperation in international prosecution
Improved foreign language and modern communication = better conditions
- Alleged criminal will be sent to another state for investigation/prosecution
- The conditions are codified in bilateral (between 2 states)
Ensures diplomats are given safe passage and are considered not susceptible to lawsuit and prosecution under host country's laws based on Vienna Convention on Diplomatic Relations (1961)
Exception = The official's home country may waive immunity, only under a serious circumstance, unconnected with their diplomatic role or as a witness to a crime. They may also prosecute.
International Criminal Police Organisation = INTERPOL
Role - To ensure and promote mutual assistance between all police authorities of the world
- Terrorism, crimes against humanity, war crimes, illicit traffic, drug production and sale, child pornography, etc.
- To remain neutral, the charter forbids intervention of a political, military, religious and personal level.
- Functions as a network , not as a supranational law enforcement agency
International Criminal Court
- Originally didn't exist, because it questions the sovereignty of the concerned state.
- Changed with the Nürnberg Trials by the Allies (for war crimes against humanity)
- It is a court of last resort.
- Has no police force of its own and relies on member states for arrests or investigations.
Right to Life (abortions, euthanasia, etc)
-Conversations are always around religious teachings
-Egypt with Quranic teachings and the policy
-The case of death penalty
Right to Fair Trial
-Right to be heard by competent, independent and impartial tribunal
-Right to public hearing
-Right to be heard within reasonable time
-Right to counsel
-Right to interpretation
Freedom of Speech
-Right to speak freely, without censorship
-Act of seeking, receiving and imparting information, regardless of medium
Freedom of thought, conscience, religion
-'He who rules the land, dictates the faith' German Example