Hello everyone! Welcome to another guide which will give you some evidence for you to include in your Trial exam for legal in
less than a week! Been a bit slack on looking for cases and laws? Never fear, these guides will give you the starting blocks for an awesome essay.
This guide is going to look at International Crime. This is a super common essay question. However, it was asked in the CSSA Trial last year. So, could it be asked again? Maybe, but they are likely not to repeat themselves. But is it a very likely candidate for the HSC? Oh hell yeah. Either way, be prepared, and let’s look at the key cases, laws, responses, etc, that you should include in your essay.
As always, remember to register for an account and ask any questions you have below! It takes no time at all, and is an awesome chance to pick the brains of your peers. Laws First up, the big laws. International Crime is a domestic and international issue, so you should have a mix of both. Feel free to borrow criminal legislation from my other guides to use in any capacity which you find relevant. However, some additions which probably only have relevance here.
Rome Statute (2002) This treaty establishes the International Criminal Court’s jurisdiction for member nations. You should remember that the ICC convicts criminals charged with crimes against humanity. No IC essay is complete without mentioning this. For brownie points, mention that Australia is a signatory, and that the treaty is enforced under the
International Criminal Court Act 2002 (Cth) .
The Geneva Conventions (1949) These conventions contain international standards regarding interstate (international) conflict. An essential mention when talking about international cooperation, and obviously easy to appraise. For something more tricky, you can talk about the fact that this is a piece of
soft law , it cannot be enforced in any way. Big drawback, and a search of the news the morning of your Trials will undoubtedly give you some examples of countries breaking these conventions to play with!
Convention on the Prevention and Punishment of the Crime of Genocide This convention imposes conditions on member states to prevent genocide. It would play the same role in an argument as the Geneva Conventions, but it is a bit more niche, and the markers will be more impressed in this, since it isn’t a piece of common knowledge. It’s kind of like cooking a lobster instead of fish, just that little bit more flashy to include something that not everyone knows. Simple solution, include both.
Australian Federal Police Act 1919 (Cth) I mentioned that domestic legislation is essential, and this is a nice one to include. This act is what gives federal police the powers they need to stop transnational crime. You can argue the usual stuff about police powers (see my other guides), or for a little more, pull in human rights and use the recent Bali executions as an example. Don’t go full human rights essay though, it’s easy to get confused. Also don’t forget to mention other agencies, like Australian Customs and Border Protection, for extra bonus marks. The more responses you include, the better, and you can still just evaluate them collectively (to a degree).
Treaty on Extradition Between Australia and the United States (1974) This is my favourite piece of law to include, because I doubt almost anyone else will. Well, I’ve told everyone now, so maybe, but yeah. A very sophisticated argument to make is that international crime can only be dealt with by cooperating nation states. This treaty represents cooperation between Australia and the US; they agree to extradite criminals back and forth to be prosecuted. It works nicely with that argument, or any argument concerning cooperation between nation states.
Next, cases!
Cases There are quite a few you can include, but here are my favourites.
United States of America v Griffiths (2004) The offender was extradited from Australia to the US and jailed for breach of US copyright. Awesome evidence of international cooperation, and absolutely works best for “this was effective” arguments. Hard to criticise, but this is my favourite case since I studied it extensively in Year 11, so I’m likely a little biased. I highly recommend you include it if you talk about cooperation AT ALL.
Prosecutor v Dyilo (2012)/Prosecutor v Katanga (2014) These are the only two convictions made by the ICC. It is a big must to include these in any essay, and you can use it in any way you please. Argue that the ICC has shown success in prosecuting two prominent war criminals, thus evidencing the beginnings of an effective mechanism for combatting international crime. Or argue that high costs (over 1 billion US dollars, nice statistic to include) do not justify only two convictions, and that the ICC is essentially powerless due to state sovereignty anyway. Both work nicely, you could even weigh them against each other.
The Wonderland Club (1998) Rather than a single case, this was actually a whole bunch of cases. A number of child pornographers were arrested simultaneously in almost half a dozen countries, evidencing effective cooperation between nation states. Or, you can argue that it was ineffective, though I’m not sure how you can put a negative spin on locking up child pornographers. If you can do some research though, go for it!
R v Tang (2008) This was a people trafficking case. The offender was charged under the
Criminal Code in Australia, the
Criminal Code (Trafficking in Persons Offences) Amendment Act 2005 (Cth) specifically. Shows a nice example of domestic laws working effectively to deal with transnational crime.
Responses Beyond talking about cases and laws, the backbone of your essay should be responses. How is the legal system dealing with international crime? The laws and cases add detail to your examples, and allow you to critically evaluate their effectiveness. Let’s look at some things you should be touching on.
International Criminal Court You should absolutely be evaluating the ICC. For one, it has prosecuted two criminals, and has a wide reach. Good stuff. However, it is easily paralysed by state sovereignty and yields extremely high costs, probably too high to justify the current progress. Take this how you please.
Domestic Responses
To add some variety, make sure to include a paragraph on the domestic response. This could be as simple as talking about the federal police, and do some media research into a recent drug bust. Easy evidence for you to include. Think cases as well, including ones involving cooperation with other countries.
United Nations A definite thing to mention, particularly the UNSC. Lots of debates to be had here; the whole “toothless tiger” thing plays nicely in an International Crime essay. Talk about state sovereignty as a restriction, find some media articles, you can flex this one in pretty much any direction you choose. Although slightly old news now, the whole North Korea thing is a perfect example. Or, for a less well known example, google the article:
“U.S. is asked to hold Sudan Leader if he visits U.N.” .
The big thing I always came back to in my essays was cooperation; cooperation is essential to combatting international crime. This may be a theme you wish to use in your essay. Argued well, it can definitely achieve 20/20.
International Crime is, I think, one of the easier parts of the course, and if you get it as an essay question, you should cheer! It is quite easy to find interesting evidence and statistics. Just focus on what works, and what doesn’t, and prove it. The fancy arguments can come with practice, but you can absolutely score 20/20 with the good old line:
The legal system proves somewhat effective in addressing international crime, ultimately proving more effective in some areas than others. Easy, room to move the argument in virtually any direction, and my go-to starter for an IC question.
So, that’s International Crime. One more guide on Young Offenders on the way, and then, you’ll be prepared for any essay question in your trials! The principles and tricks I talk about can absolutely be applied to your electives, and laws and cases can even be borrowed. Share your notes around, help each other, and you’ll be surprised what you can achieve. And, as always, remember to register for an account and get in touch below! Happy study, and good luck for trials! 
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