INTERNATIONAL AND

REGIONAL CONVENTION
OF THE CRIME
 CONVENTION OF THE CRIME

• DEFINES AS AN ORGANIZED CRIMINAL GROUP

• A STRUCTURED GROUP OF THREE OR MORE PERSONS
• THE GROUP EXIST FOR A PERIOD OF TIME
• IT ACTS IN CONCERT WITH THE AIM OF COMMITTING
ATLEAST ONE SERIOUS CRIME
• TO OBTAIN,DIRECTLY OR INDIRECTLY A FINANCIAL
OR OTHER MATERIAL BENEFIT
 GENERAL BACKGROUND
• The United Nations Convention against Transnational Organized
Crime, adopted by General Assembly resolution 55/25 of 15 November
2000, is the main international instrument in the fight against
transnational organized crime.
• The Convention represents a major step forward in the fight against
transnational organized crime and signifies the recognition by Member
States of the seriousness of the problems posed by it, as well as the need
to foster and enhance close international cooperation in order to tackle
those problems.
 INTERNATIONAL LAWS
• 1948 Convention on the Prevention and Punishment of the Crime of Genocide
• 1966 International Covenant on Civil and Political Rights
• 1966 International Covenant on Economic, Social and Cultural Rights
• 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
• 1992 Declaration on the Protection of All Persons from Enforced Disappearance
• 2006 International Convention for the Protection of All Persons from Enforced Disappearance
•
1965 International Convention on the Elimination of All Forms of Racial Discrimination
• 1973 International Convention on the Suppression and Punishment of the Crime of Apartheid
• 1978 Declaration on Race and Racial Prejudice
• 1981 Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religi
on or
Belief
• 1926 Slavery Convention
• 1953 Protocol amending the Slavery Convention signed at Geneva on 25 September 1926
• 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institut
ions and Practices Similar to Slavery
•
1989 Indigenous and Tribal Peoples Convention (No. 169)
• 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and
Linguistic Minorities
• 2007 Declaration on the Rights of Indigenous Peoples
•
1951 Convention relating to the Status of Refugees
• 1954 Convention relating to the Status of Stateless Persons
• 1961 Convention on the Reduction of Statelessness
• 1985 Declaration on the Human Rights of Individuals who are not nationals of the country
in which they
live
• 1968 Convention on the Non-Applicability of Statutory Limitations to War Crimes a
nd Crimes Against Humanity
• 1973 Principles of International Co-operation in the Detection, Arrest, Extradition an
d Punishment Of Persons Guilty Of War Crimes And Crimes Against Humanity
• 1985 Declaration of Basic Principles of Justice for Victims of Crime and Abuse of P
ower
• 2005 Updated Set of Principles for the Protection and Promotion of Human Rights T
hrough Action to Combat Impunity
• 2005 Basic Principles and Guidelines on the Right to a Remedy and Reparation for
Victims of Gross Violations of International Human Rights Law and Serious Violatio
ns of International Humanitarian Law
• 1949 Geneva Convention (I) for the Amelioration of the Condition of the Wo
unded and Sick in Armed Forces in the Field
• 1949 Geneva Convention (II) for the Amelioration of the Condition of Wound
ed, Sick and Shipwrecked Members of Armed Forces at Sea
• 1949 Geneva Convention (III) relative to the Treatment of Prisoners of War
• 1949 Geneva Convention (IV) relative to the Protection of Civilian Persons in
Time of War
• 1977 Protocol Additional to the Geneva Conventions of 12 August 1949, and
relating to the Protection of Victims of International Armed Conflicts (Protoco
lI)
• 1977 Protocol Additional to the Geneva Conventions of 12 August 1949, and
relating to the Protection of Victims of Non-International Armed Conflicts (Pr
otocol II)
• 2005 Protocol Additional to the Geneva Conventions of 12 August 1949, and
relating to the Adoption of an Additional Distinctive Emblem (Protocol III)
• 1972 Convention on the Prohibition of the Development, Production and Stockpiling of Bac
teriological (Biological) and Toxin Weapons and on their Destruction
• 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapo
ns Which May be Deemed to be Excessively Injurious or to have Indiscriminate Effects (CC
W)
• 1980 CCW Protocol (I) on Non-Detectable Fragments
• 1980 CCW Protocol (II) prohibiting Mines, Booby-Traps and Other Devices (as amended 19
96)
• 1980 CCW Protocol (III) prohibiting Incendiary Weapons
• 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use o
f Chemical Weapons and on their Destruction
• 1995 CCW Protocol (IV) on Blinding Laser Weapons
• 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti
-Personnel Mines and on their Destruction
• 2001 Amendment to Article 1 of the CCW
• 2003 CCW Protocol (V) on Explosive Remnants of War
• 1946 Statute of the International Court of Justice
• 1951 Advisory Opinion - Reservations to the Convention on the Prevention and Punishment
of the Crime of Genocide
• 1996 Advisory Opinion - Legality of the Threat or Use of Nuclear Weapons
• 2006 Judgement - Armed Activities on the Territory of the Congo (New application 2002) (D
emocratic Republic of the Congo v. Rwanda)
• 2007 Judgement - Application of the Convention on the Prevention and Punishment of the C
rime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)
• 2012 Judgement - Questions relating to the Obligation to Prosecute or Extradite (Belgium v.
Senegal)
• 2015 Judgement - Application of the Convention on the Prevention and Punishment of the C
rime of Genocide (Croatia v. Serbia)
• 1945 Charter of the International Military Tribunal (Nuremberg)
• 1946 Charter of the International Military Tribunal for the Far East (Tokyo)
• 1993 Statute of the International Criminal Tribunal for the Former Yugoslavia
• 1994 Statute of the International Criminal Tribunal for Rwanda
• 1998 Rome Statute of the International Criminal Court
• 2010 Elements of Crimes (International Criminal Court)
• 2010 Statute of the International Residual Mechanism for Criminal Tribunals
• 2000 Statute of the Special Court for Sierra Leone
• UNTAET Regulation No. 2000/15 on the Serious Crimes Panels in the District Court of Dili
(Timor-Leste)
• UNMIK Regulation 2000/64 Panels in the Courts of Kosovo
• 2001 Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia
• Law No. 16/2002 on the War Crimes Chamber in the State Court of Bosnia and Herzegovina
• 2013 Statute of the Extraordinary African Chambers within the Courts of Senegal
• 1950 International Law Commission Prnciples
of International Law recognized in the Charter of the Nüremberg
Tribunal and in the Judgment of the Tribunal
• i1996
International Law Commission Draft Code of Crimes Against the Peace
and Security of Mankind
• 2001 International Law Commission Draft Articles on the Responsibility
of States for Internationally Wrongful Acts
• 2011 International Law Commission Draft Articles on the Responsibility
of International Organizations
• 1945 United Nations Charter
• A/RES/96(I) (11 December 1946) The crime of Genocide
• 2013 Arms Trade Treaty
 INTERNATIONAL LEGAL
FRAMEWORKS
• International Covenant on Civil and Political Rights;
• International Covenant on Economic, Social and Cultural Rights;
• Convention on the Elimination of All Forms of Racial Discrimination;
• Convention on the Elimination of All Forms of Discrimination against Women
• Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishme
nt
;
• Convention on the Rights of the Child;
• International Convention on the Protection of the Rights of All Migrant Workers and Membe
rs of their Families
• ILO Convention concerning Vocational Rehabilitation and Employment (Disabled Persons)
• Inter-American Convention on the Elimination of All Forms of Discrimination Against Perso
ns With Disabilities
• Convention on the Rights of the Child (article 23);
• African Charter of Human and People's Rights (art. 18(4));
• the African Charter on the Rights and Welfare of the Child (article 13);
• European Social Charter (article 15); and
• Protocol of San Salvador (Additional Protocol to the American Convention on Human Right
s in the Area of Economic, Social and Cultural Rights ) (article 6 & 9)
 THE RELATIONSHIP BETWEEN INTERNATIONAL
AND REGIONAL HUMAN RIGHTS NORMS AND
DOMESTIC LAW

• An analysis of national and international human rights law, and its relationship to
national law, is necessarily a matter both of international law and of domestic law.
There is not a legal system in the world where international law is treated as ‘foreign
law’. It is everywhere part of the law of the land; as much as contracts, labor law, or
administrative law. As regards the United Kingdom, all rules of customary
international law are either universally recognized or have at any rate received the
assent of the country per se as the law of the land. To that extent, there is still
validity in England the common law doctrine, to which Blackstone expressed, that
the law of nations is part of the law of the land. In the United States, the
interrelationship between international human rights norms and domestic law is
reasonably well developed.
 CASES IN INTERNATIONAL AND
REGIONAL CONVENTIONS OF THE
CRIME
• DRUG TRAFFICKING
• International Drug Syndicates
• FIREARMS SMUGGLING
• SMUGGLING OF ILLEGAL MIGRANTS
• ILLICIT TRAFFICKING OF WOMEN AND CHILDREN
• ILLICIT TRAFFICKING OF MOTOR VEHICLES
• MONEY LAUNDERING
• TRANSNATIONAL ECONOMIC CRIMES