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14 - Transnational Crimes, Terrorism and Torture

Robert Cryer ,
Håkan Friman ,
Darryl Robinson  and
Elizabeth Wilmshurst
Robert Cryer
Affiliation:
University of Birmingham
Håkan Friman
Affiliation:
University College London
Darryl Robinson
Affiliation:
University of Toronto
Elizabeth Wilmshurst
Affiliation:
Chatham House
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Summary

Introduction

Overview

To focus only on the ‘core crimes’ and their prosecution would be to ignore a substantial area of criminal law with international implications; there are other crimes of international concern which have a huge impact on people throughout the world and on global economic development. Crimes which are the subject of international suppression Conventions but for which there is as yet no international criminal jurisdiction, are the focus of this chapter. They are here termed transnational crimes. These are crimes which have actual or potential transboundary effect and crimes which are intra-State but which offend a fundamental value of the international community.

The prevention and punishment of transnational crimes requires cooperation among governments and among law enforcement agencies. A growing number of agreements are being concluded to provide for this in relation to such crimes as drugs trafficking, piracy, slavery, terrorism offences, torture, apartheid, enforced disappearances, transnational organized crime including people trafficking, smuggling migrants and illegal arms trafficking, and corruption. Some of these crimes are also crimes of customary international law or are international crimes when committed in certain circumstances (for example as crimes against humanity). They include those which were listed as ‘treaty crimes’ in the ILC draft of the ICC Statute, but which were excluded from the Rome Statute in the course of the negotiations.

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Type
Chapter
Information
An Introduction to International Criminal Law and Procedure , pp. 281 - 300
Publisher: Cambridge University Press
Print publication year: 2007

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References

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Bassiouni, M. Cherif (ed.), International Criminal Law (2nd edn, New York, 1999), vol. I.Google Scholar
M. Cherif Bassiouni, ‘Enslavement’ in ibid., 663.
M. Cherif Bassiouni and Jean Francois Thony, ‘The International Drug Control System’ in ibid., 905.
Clark, Roger, ‘Offences of International Concern: Multilateral Treaty Practice in the Forty Years since Nuremberg’ (1988) 57 Nordic Journal of International Law49.CrossRefGoogle Scholar
Orlova, Alexandra and Moore, James, ‘ “Umbrellas” or “Building Blocks”?: Defining International Terrorism and Transnational Organized Crime in International Law’ (2005) 27 Houston Journal of International Law267.Google Scholar
Duffy, Helen, The War on Terror and the Framework of International Law (Cambridge, 2005).CrossRefGoogle Scholar
Dugard, John, ‘International Terrorism and the Just War’ (1977) 12 Stanford Journal of International Studies21.Google Scholar
Gearty, Conor (ed.), Terrorism (Dartmouth, 1996).Google Scholar
Higgins, Rosalyn and Flory, Maurice (eds.), Terrorism and International Law (London, 1997).CrossRefGoogle Scholar
Joyner, Christopher, ‘Suppression of Terrorism on the High Seas: the 1988 IMO Convention on the Safety of Maritime Navigation’ (1989) 19 Israel Journal on Human Rights343.Google Scholar
Nesi, Giuseppe (ed.), International Cooperation in Counter-Terrorism (Aldershot, 2006).Google Scholar
Rosand, Eric, ‘Security Council Resolution 1373, the Counter-Terrorism Committee, and the Fight Against Terrorism’ (2003) 97 American Journal of International Law333.CrossRefGoogle Scholar
Rosenstock, Robert, ‘International Convention against the Taking of Hostages: Another International Community Step against Terrorism’ (1980) 9 Denver Journal of International Law and Policy169.Google Scholar
Rostov, Nicolas, ‘Before and After: The Changed UN Response to Terrorism Since September 11th’ (2002) 35 Cornell International Law Journal475.Google Scholar
Saul, Ben, Defining Terrorism in International Law (Oxford, 2006).Google Scholar
Shubber, Sami, ‘The International Convention Against the Taking of Hostages’ (1981) 52 BYIL205.Google Scholar
Subedi, Surya P., ‘The UN Response to International Terrorism in the Aftermath of the Terrorist Attacks in America and the Problem of the Definition of Terrorism in International Law’ (2002) 4 International Law FORUM du droit international159.CrossRefGoogle Scholar
Witten, Samuel M., ‘The International Convention for the Suppression of Terrorist Bombings’ (1998) 92 American Journal of International Law774.CrossRefGoogle Scholar
Wood, Michael, ‘The Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents’ (1974) 23 International and Comparative Law Quarterly791.CrossRefGoogle Scholar
Boulesbaa, Ahcene, The UN Convention on Torture and the Prospects for Enforcement (The Hague, 1999).Google Scholar
Burgers, J. Herman and Danelius, Hans, The United Nations Convention against Torture: A Handbook on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Leiden, 1988).Google Scholar
Rodley, Nigel, The Treatment of Prisoners under International Law (2nd edn, Oxford, 1999).Google Scholar
Rodley, Nigel and Pollard, Matt, ‘Criminalisation of Torture: State Obligations under the United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment’ (2006) 2 European Human Rights Law Review115.Google Scholar
Wendland, Lene, A Handbook on State Obligations under the UN Convention against Torture (Geneva, 2002).Google Scholar

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