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International criminal matters require immediate intervention from an attorney who knows how to protect your rights and negotiate the best possible result according to the applicable law and the facts of your case. Don't delay. Contact our firm today to schedule a consultation with an attorney experienced in international criminal law.
Frequently Asked Questions about International Crime
Q: Will the US government help me if I am arrested in a foreign country?
A: Under international law, a foreign government that arrests a US national must inform the US embassy or consulate of the arrest once the US national requests that they do so. Additionally, the United States has treaties with some nations that require the country to notify the US embassy and/or consulate of the arrest or detention of a US citizen whether a request is made or not. US embassies and consulates can provide only limited assistance to US citizens arrested in a foreign country. A consular officer will visit the arrested person in jail, if necessary, and provide him or her with a list of English-speaking lawyers. The officer will also try to ensure that the US citizen is not mistreated, or is not treated any worse than any other prisoner in the local jail. If so requested, the officer will contact any friends or family members and notify them of the arrest.
Q: If an American is convicted of a crime in a foreign country, can he or she serve the sentence in an American prison?
A: The US has entered into prisoner transfer treaties with many nations that allow a person convicted of a crime to be transferred to his or her home country to serve the prison sentence. A prisoner who wants to be transferred should notify the US embassy or consulate of his or her desire. The application then must be approved by the foreign country and the US Department of Justice before the transfer can take place. A prisoner who is transferred to the US will have his or her sentence reevaluated, and may be resentenced according to US law.
International Crime - An Overview
International criminal law refers to crimes that involve more than one country. It sometimes refers to crimes committed in one country that have an effect in another country. It also deals with securing suspects, witnesses and evidence from other countries to prosecute a crime. International criminal law is a complex field that is undergoing continuous change. If you are involved in an international criminal matter, contact an attorney with knowledge and experience in the field.
Types of International Crimes
The term "international crime" includes a wide spectrum of activity such as:
- Arms and drug trafficking
- Organized crime
- Internet crime
- Financial crimes (money laundering, tax crimes)
- Apprehending fugitives
- Crimes against humanity (genocide, war crimes)
- Human trafficking
- Intellectual property piracy
- Antiquities and artifacts theft/trade
- Endangered species trade
As the world becomes more interdependent, many countries have found ways to work together to investigate, prosecute and prevent international criminal activity. This includes international organizations such as Interpol and the International Criminal Court (ICC) and international agreements, like TRIPS (Trade-Related Aspects of Intellectual Property Rights).
International Cooperation in Criminal Law Matters
International travel and transactions are becoming increasingly commonplace, which adds a new dimension to the enforcement of criminal laws. Many ordinary people have been put at risk of being victimized by international criminals as the Internet has made it easier to perpetrate crimes across borders. The fight against terrorism is a global fight with attacks occurring in the US, Asia, Africa and Europe.
Several treaties and international conventions exist that provide for cooperation between different countries in criminal matters. Some of these treaties are bilateral, meaning they are just between two countries, like extradition treaties. Other treaties, like the North American Free Trade Agreement (NAFTA), are multinational and involve the participation of several countries.
The international agency Interpol also works to coordinate information and resource sharing between member nations about criminal matters that involve more than one country. Membership in Interpol is contract-based and the member countries set up a National Central Bureau (NCB) staffed by their own law enforcement officers to facilitate information-sharing among other member countries.
Crimes Committed in Foreign Countries
With the exception of crimes prosecuted by international tribunals, like war crimes or genocide, criminal laws are enforced by the country that enacted them. Americans traveling in foreign countries are subject to the criminal laws of those countries. If they break those laws, they run the risk of being prosecuted in that country. They are entitled to no special rights or privileges because they are Americans and are treated no differently than anyone else arrested in that country. While US consular offices can provide lists of attorneys available to represent Americans arrested abroad and can provide information to and from family members, the US consular cannot act as a legal representative or order the citizen released from the foreign country's custody.
It is important for Americans to be aware of the cultural and legal differences before traveling abroad and to obey the laws of the country they are visiting at all times. Drug crimes are the most common crimes Americans are accused and convicted of abroad. Penalties can range from incarceration for 2-10 years or longer, fines, hard labor and in some countries, the death penalty.
Crimes Committed in the United States
A crime committed in the United States may also take on an international character. Suspects frequently flee the US, hoping for a safe haven in another country. This necessitates extradition proceedings to request the surrender of the suspect to US authorities. In these circumstances, several federal agencies work together to facilitate the return of the suspect to the US, including the Department of Justice and the State Department. US diplomatic representatives within the country where the suspect has fled will make a formal request to the country for the suspect's surrender in accordance with any applicable extradition treaty. The country may then decide to turn the person over to the US officials or to deny the request.
International Criminal Adjudication
There are many ways to adjudicate crimes that involve more than one country. If the parties responsible for committing the crime flee to another country, the country where the crime was committed may request the criminals be extradited to face charges. On a larger scale, if the offender is a country that hasn't followed through on its obligations under an international treaty, the country may be held accountable and punished with fines, trade sanctions or other measures.
There are two international courts that have been created for very distinct purposes: the International Court of Justice (ICJ) and the International Criminal Court (ICC). The ICJ is part of the United Nations and was established in 1945. Its sole purpose is to settle disputes between member states. Individuals are not permitted to submit complaints to the ICJ.
The ICC in an independent international body established by the Rome Statute in 1998. To date, 105 countries are signatories to the treaty and have accepted the jurisdiction of the ICC. The ICC will hear cases submitted by individuals making claims against another party for crimes against humanity, genocide and war crimes. Presently, the US is not a signatory to the ICC treaty.
International criminal law is an area that could affect virtually anyone. Advances in international communication, as well as the ease of traveling to foreign lands, make international crime a concern for everyone. If you are involved in an international criminal matter, seek the assistance of an attorney experienced in these matters as soon as possible.
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