Legal Responses to Transnational and International Crimes – Towards an Integrative Approach, edited by Harmen Van der Wilt and Christophe Paulussen, Edward Elgar Publishing, 2017, 301 pages, £90
As a triggering condition for international coordination through the suppression conventions – and thus for what we might call transnational criminal law – transnationality is a relatively vacant concept, probably because it has no obvious general moral or metaphysical content, and surprisingly little attention has been paid to it.
Neil Boister, Chapter 2, p. 33
Turn on the news on any given day and you are inundated with stories about mass atrocities, terrorism, human trafficking, piracy, money laundering, cybercrime, and so on. You hear journalists, politicians, pundits, and occasionally “experts” characterize these crimes as “international crimes.” But are they?
Because these crimes transcend national borders, having – to some extent – an international character, may give the impression that they neatly fit within the ambit of International Criminal Law. Piracy on the high seas is a good example. It most certainly has an international character, and while it has been considered an international crime, it is not in the strictest sense (or as scholars say, “international crime stricto sensu”), if one applies this definition to the “core crimes” prosecuted at the ICC, for instance. The same can be said for terrorism, human trafficking, cybercrime, and so on. It does not mean that under certain sets of circumstances, these crimes – such as cyber-terrorism – would not amount to crimes against humanity, and thus international crimes stricto sensu. Save for war crimes, crimes against humanity, and genocide (and now for some states, aggression), these crimes are generally considered transnational crimes, falling within the ambit of Transnational Criminal Law (TCL) and are punished in national, as opposed to, international courts. Continue reading “BOOK REVIEW: Legal Responses to Transnational and International Crimes – Towards an Integrative Approach”