<aside> 📃 Definition: crimes that take place across international borders.

• These are similar to domestic crimes such as fraud, hacking, drug trafficking but they involve acts across international borders. They may be started in one country and completed in another country.
• TYPES: human trafficking, international fraud e.g. Nigerian scams, transnational internet crimes, international terrorism, creation & trafficking of child pornography, trade of illegal substances </aside>

Causes of Transnational Crimes:

• 1. Differences in socioeconomic conditions —> poverty
• 2. Desire for prohibited goods or services
• 3. Differences in political or ideological viewpoints —> don’t think its wrong
• 4. Hope that the international element will prevent detection of the crimes (don’t think they can be caught)
• 5. Opportunistic desire for power or financial gain
• Transnational crime will usually be prosecuted under one of the state’s domestic laws (where they are caught). Prosecution is difficult and requires cooperation

Dealing with International Crime

Domestic Measures

• These are limited by jurisdiction. Australian law enforcement cannot operate in a foreign country.
• Crimes against the International Community
• Initial legislation = War Crimes Act 1945 (Cth) and Geneva Conventions Act 1957 (Cth) outlawed the various war crimes listed in the Geneva Conventions
• As a result of the signing of the Rome Statute 2002 on December 9 1998, the Federal govt passed International Criminal Court Act 2002 (Cth) and the International Criminal Court (Consequential Amendments) Act 2002 (Cth) to ensure our laws complied with the Statute.
• Also a new section was added to the Commonwealth Criminal Code 1995 Chapter 8 Offences against Humanity and Related Offences. This created new offences in Australia for all crimes in the Rome Statute. This means Australia can prosecute these types of crimes rather than resorting to the ICC.

Transnational Crimes

• Australian Federal Police (AFP)
• Under the Australian Federal Police Act 1979 (Cth), the AFP has the role of having posts in 25+ countries, deployment for international capacity building, monitoring and peace keeping.
• Operations include: child protection, terrorism, stopping human trafficking, drug operations
• e.g. Jakarta Regional Cooperation Team
  • Assisted Indonesian Police in investigation of 2002 Bali bombings.