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Published online by Cambridge University Press: 05 August 2012
The most serious crimes of concern to the international community as a whole must not go unpunished and … their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation.
The term ‘international criminal law’ is merely a useful way of describing those aspects of international law that are concerned with crimes having an international aspect or dimension. We will first look briefly at mutual legal assistance in criminal matters and extradition, and then at international crimes and how international law seeks to deal with them. (Terrorism is dealt with in Chapter 14.)
Mutual legal assistance
Oppenheim. Oppenheim's International Law, 9th edn, London, 1992, pp. 484–8
Cameron, ‘Mutual Legal Assistance in Criminal Matters’ (1989) ICLQ 954–65
‘Proceedings of the Harvard Law School Conference on International Co-operation in Criminal Matters’ (1990) Harvard International Law Journal 1–127
Although only a tiny number of criminal cases have an international element, the few that do are often serious in nature. The greater ease with which people now travel abroad means that the authorities of a state investigating or prosecuting a crime may need the help of other states, who may also have an interest. Depending on the law and procedure of the requested state, assistance may be given on an informal basis. The association established by national police forces to exchange criminal intelligence, Interpol, may be used. Within the European Union, the European Police Office (Europol) plays a similar role.
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