International Crime - An Overview Many Americans are arrested while traveling in foreign countries.

Too many of th em assume that they have the same rights in foreign courts as they do in the U.S . Many of them also assume that the U.S. embassy or consulate will be able to he lp them be released from custody. Both assumptions are false. U.S. diplomatic pe rsonnel may extend only limited help to Americans who are arrested. The U.S. emb assy or consulate must be notified of the arrest. A consular officer will contac t the arrested American, and give him or her a list of English-speaking lawyers. Embassy or consular personnel do not "pull strings," or make efforts to get Ame ricans released from custody. If you are dealing with an international arrest, c ontact an attorney as soon as you are able to do so. Copyright 1994-2010 FindLaw, a Thomson Business DISCLAIMER: This site and any information contained herein is intended for infor mational purposes only and should not be construed as legal advice. Seek compete nt legal counsel for advice on any legal matter. 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 an other country. It also deals with securing suspects, witnesses and evidence from other countries to prosecute a crime. International criminal law is a complex f ield that is undergoing continuous change. If you are involved in an internation al criminal matter, contact an attorney with knowledge and experience in the fie ld. Types of International Crimes The term "international crime" includes a wide spectrum of activity such as: Terrorism 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 Internationa l Criminal Court (ICC) and international agreements, like TRIPS (Trade-Related A spects of Intellectual Property Rights). International Cooperation in Criminal Law Matters International travel and transactions are becoming increasingly commonplace, whi ch adds a new dimension to the enforcement of criminal laws. Many ordinary peopl e have been put at risk of being victimized by international criminals as the In ternet has made it easier to perpetrate crimes across borders. The fight against terrorism is a global fight with attacks occurring in the U.S., Asia, Africa an d Europe. Several treaties and international conventions exist that provide for cooperatio n between different countries in criminal matters. Some of these treaties are bi lateral, meaning they are just between two countries, like extradition treaties. Other treaties, like the North American Free Trade Agreement (NAFTA), are multi national and involve the participation of several countries.

The international agency Interpol also works to coordinate information and resou rce 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 offi cers to facilitate information-sharing among other member countries. Crimes Committed in Foreign Countries With the exception of crimes prosecuted by international tribunals, like war cri mes or genocide, criminal laws are enforced by the country that enacted them. Am ericans 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 t hat country. They are entitled to no special rights or privileges because they a re Americans and are treated no differently than anyone else arrested in that co untry. While U.S. consular offices can provide lists of attorneys available to r epresent Americans arrested abroad and can provide information to and from famil y members, the U.S. consular cannot act as a legal representative or order the c itizen 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 con victed of abroad. Penalties can range from incarceration for 2-10 years or longe r, 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 charact er. Suspects frequently flee the U.S., hoping for a safe haven in another countr y. This necessitates extradition proceedings to request the surrender of the sus pect to U.S. authorities. In these circumstances, several federal agencies work together to facilitate the return of the suspect to the U.S., including the Depa rtment of Justice and the State Department. U.S. diplomatic representatives with in the country where the suspect has fled will make a formal request to the coun try for the suspect's surrender in accordance with any applicable extradition tr eaty. The country may then decide to turn the person over to the U.S. 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 co untry where the crime was committed may request the criminals be extradited to f ace charges. On a larger scale, if the offender is a country that hasn't followe d through on its obligations under an international treaty, the country may be h eld accountable and punished with fines, trade sanctions or other measures. There are two international courts that have been created for very distinct purp oses: the International Court of Justice (ICJ) and the International Criminal Co urt (ICC). The ICJ is part of the United Nations and was established in 1945. It s 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 makin g claims against another party for crimes against humanity, genocide and war cri mes. Presently, the U.S. is not a signatory to the ICC treaty. Speak to a Criminal Lawyer International criminal law is an area that could affect virtually anyone. Advanc

es in international communication, as well as the ease of traveling to foreign l ands, make international crime a concern for everyone. If you are involved in an international criminal matter, seek the assistance of an attorney experienced i n these matters as soon as possible. Intellectual Property Piracy Piracy, or theft, of trademarks and copyrighted material is a growing concern. A s improved communication methods simplify sending data across international boun daries, theft of intellectual property has become a global affair. Cases that in volve the piracy or theft of intellectual property are complex. If you are invol ved in such a case, consult an attorney with experience in the area. Piracy and Counterfeiting Piracy and counterfeiting describe the sale of copies of products without the pe rmission of the owner of the rights to those products. Piracy usually refers to the sale of unauthorized copies, without necessarily claiming that it is an auth orized copy. For example, selling a recording of a movie made by someone sitting in a theater with a video camera is a type of piracy. Counterfeiting means sell ing a copy that looks like an authorized copy and falsely claiming that it was a uthorized or licensed, such as selling unauthorized or unlicensed copies of soft ware in a package that looks exactly like a legitimate package. Some counterfeit copies of products may be so accurate that it is difficult to tell them from le gitimate products. The most common types of piracy and counterfeiting internationally include: Medications Apparel, footwear and handbags Movies and music Auto parts Electronics Health products (toothpaste, lotion, vitamins) Food, alcohol and beverages Preventing and punishing piracy and counterfeiting of intellectual property is i mpossible for any one country to do on its own. For example, many unscrupulous v endors make or distribute unauthorized copies of products that find their way in to the U.S. market. But since these vendors operate beyond the territorial reach of U.S. law enforcement, and the authorities in the vendors' own countries ofte n do not assign a high priority to catching or prosecuting intellectual property thieves, the vendors continue to profit from counterfeited and pirated goods. International Intellectual Property Laws International law protects the rights of intellectual property owners outside th e borders of their home country. Most countries are members of the World Trade O rganization (WTO) and, as a condition of membership, are required to ratify the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The United States is a member of the WTO, as are Canada, Mexico, the nations in the European Union, Japan and China. Currently, 151 nations are members of the WTO. TRIPS sets up a system of strict protection of all intellectual property rights. Minimum terms of protection are provided by the Agreement: patents must last fo r at least 20 years, and most copyright protection must last at least 50 years a fter the death of the author of the work. Member nations must extend the same in tellectual property protection to citizens of other member nations that they do to their own citizens. Exceptions to the protection of intellectual property (fo r example, fair use of copyrighted material) must be strictly construed and limi ted in scope.

Other international treaties also provide intellectual property protection, such as the North American Free Trade Agreement (NAFTA) and the Patent Cooperation T reaty (PCT). Speak to a Criminal Lawyer Intellectual property is an important asset, and international law recognizes it s importance. Intellectual property owners receive protection from theft of thei r property, even if the theft takes place in another country, or in several othe r countries. To learn more about the international protections afforded to intel lectual property, contact an attorney who is knowledgeable in the field.

Interpol Interpol (officially, the International Criminal Police Organization) is an inte rnational agency that provides its 186 member nations with assistance in law enf orcement matters that cross international borders. It is headquartered in Lyon, France. If you need help with a legal matter related to Interpol, an attorney wi th experience in international criminal law matters can assist you. What Interpol Does The purpose of Interpol is to provide member nations with technical support in i nternational criminal matters. The technical support takes four essential forms: Securing a global police communications system to provide member nations with im portant information, such as wanted notices and terrorism alerts Providing operational data services and databases for police including databases of names, fingerprints, DNA, samples and notices Providing operational police support services to national governments dealing wi th international criminal activity and staffing a 24-hour Command and Coordinati on Centre capable of stepping in at a moment's notice to assist a member nation faced with a crisis Offering training and development programs to each member nation's police force to prevent and combat transnational crime Interpol has developed initiatives to fight drug trafficking, terrorism, Interne t crime, financial crime, organized crime and human trafficking. They also help locate and capture fugitives. Each Interpol member nation staffs an office known as the National Central Burea u, or NCB, with their own national police officers. The NCBs are responsible for transmitting information and responding to requests from other member nations a nd from local law enforcement agencies in that nation. The American NCB is locat ed in the Department of Justice in Washington, D.C. What Interpol Does Not Do Interpol functions by means of contracts between National Central Bureaus. It do es not deal with individuals or private citizens. Interpol does not dispatch age nts to foreign countries to investigate crimes or arrest criminals. Arrests and investigations are matters left entirely to local law enforcement authorities. I nterpol does not deal with purely local crimes, but is concerned only with crimi nal activity that involves two or more member nations. Interpol also does not engage in monitoring or observing individuals or business es. It does not request information about individuals. Information is supplied t o Interpol by the law enforcement authorities of member nations on the initiativ e of those agencies. Interpol will not intervene in any activities in any countr y that have a political, religious, military or racial character. Speak to a Criminal Lawyer Interpol is a much misunderstood entity. While many regard it with suspicion, it provides a valuable service to law enforcement agencies dealing with crimes tha t have an international dimension. If you are faced with an issue that involves Interpol, you should consult an experienced international attorney for knowledge

able advice and assistance.

Extradition Extradition is the surrender of a person alleged to have committed a crime in on e country by the country in which that person presently is located. The purpose of extradition is to prevent nations from becoming safe havens for fugitives and criminals from other nations. If you are faced with the possibility of extradit ion, you should consult a lawyer experienced at handling extradition hearings. How Extradition Works Before a person may be extradited from one country to another, generally there m ust be a treaty that allows for the extradition between the two countries. More than 100 countries have extradition treaties with the U.S. Some treaties set out the specific offenses for which extradition may be ordered. Many of the extradi tion treaties signed by the U.S. require that the offense be a crime in both the U.S. and the country making the request. In the U.S., requests for extradition are handled by the State Department and th e Justice Department. A federal or state prosecutor who wishes to have a person extradited from a foreign nation makes a request to the Department of Justice's Office of International Affairs. That Office forwards the request to the State D epartment's Office of the Legal Advisor. The Legal Advisor forwards the request to the U.S. diplomatic representatives in the appropriate country, who then pres ent the request to the foreign government. The foreign government, if it decides to honor the extradition request, is responsible for taking the person into cus tody and turning him or her over to U.S. authorities. When a foreign government seeks to have a person extradited from the U.S., the c ountry will direct its embassy in Washington, D.C. to make the extradition reque st to the State Department. The State Department will then forward the request t o the Justice Department, who asks the U.S. Attorney for the district in which t he person is located to initiate extradition proceedings in the appropriate fede ral court. The court will review the evidence against the suspect and if it is sufficient, issue a warrant for the person's arrest. If the court determines that there is p robable cause to believe that the person committed an offense covered by the ext radition treaty (not that the person is guilty, but only that there is reason to believe he or she is guilty), the court will submit its recommendation to the U .S. State Department, which will then make the final determination whether to ex tradite the suspect. Limits on Extradition There are important limits on extradition, including: Not all nations will extradite their citizens to another country for prosecution , like France and Israel Some countries refuse to extradite to the U.S. if there is a chance the death pe nalty will be imposed Most countries will not extradite if the offense is considered a political crime or for other reasons stipulated in the extradition treaty, such as military off enses like desertion Many treaties contain provisions that prevent extradition if the person has alre ady been tried and either convicted or acquitted of the crime Countries may also refuse to extradite on humanitarian or foreign policy grounds Additionally, most extradition treaties contain a provision known as the "rule o f specialty." This rule provides that a person who has been extradited may be pr osecuted only for the offense listed in the extradition request. The rule is to ensure that a person is not extradited on a pretext, only to be prosecuted for a n offense for which extradition may not be allowed. The rule of specialty may be waived by the nation from which a person is extradited. Speak to a Criminal Lawyer

Extradition requests are very serious matters. If you are faced with an extradit ion request, you need legal help. Contact an experienced defense attorney as soo n as possible to make sure that you receive the representation that you need. Frequently Asked Questions about International Crime Q: Will the U.S. government help me if I am arrested in a foreign country? A: Under international law, a foreign government that arrests a U.S. national mu st inform the U.S. embassy or consulate of the arrest once the U.S. national req uests that they do so. Additionally, the United States has treaties with some na tions that require the country to notify the U.S. embassy and/or consulate of th e arrest or detention of a U.S. citizen whether a request is made or not. U.S. e mbassies and consulates can provide only limited assistance to U.S. citizens arr ested 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 lawy ers. The officer will also try to ensure that the U.S. citizen is not mistreated , or is not treated any worse than any other prisoner in the local jail. If so r equested, 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 se rve the sentence in an American prison? A: The U.S. has entered into prisoner transfer treaties with many nations that a llow 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 noti fy the U.S. embassy or consulate of his or her desire. The application then must be approved by the foreign country and the U.S. Department of Justice before th e transfer can take place. A prisoner who is transferred to the U.S. will have h is or her sentence reevaluated, and may be resentenced according to U.S. law. Q: While I was visiting overseas, I made some remarks critical of the foreign go vernment. I left the country, and learned I have been charged with a crime for d efaming the national government. Can I be extradited to that country? A: No. U.S extradition treaties generally provide that a person can be extradite d to a foreign country only for something that is a crime both in the U.S. and t he foreign country. Q: My parents brought me to the U.S. when I was a child, and I have not finished the naturalization process. If I am convicted of a crime, can I be deported? A: Noncitizens convicted in the U.S. of crimes the immigration law defines as "a ggravated felonies" may be subject to deportation proceedings, even if their imm igration status is that of a permanent resident, or even if they are married to a U.S. citizen. A person deported for committing a crime is permanently barred f rom returning to the U.S. The term "aggravated felony" includes violent crimes s uch as homicide or rape. It also includes many drug-related offenses, as well as some theft offenses (such as shoplifting). Q: I sent a package to a friend in a foreign country that contained things that are illegal in that country. Can I be prosecuted? A: The answer depends on what it was that you sent. If you sent something that i s illegal only in the foreign country - for example, books or magazines banned i n that country - you are not subject to prosecution unless you go to that countr y. If the package contained something that is illegal in both countries - illega l drugs or weapons - you could be prosecuted in the U.S. or extradited to the fo reign country to face punishment under its laws. Q: If I am the victim of a crime committed in a foreign country, can the person who committed the crime be tried in U.S. courts? A: Traditionally, the U.S. has resisted the idea that foreign nationals could be tried in U.S. courts for a crime committed abroad against a U.S. national (call ed "passive nationality jurisdiction"). In recent years, some U.S. criminal laws , especially those that relate to terrorism or terrorist acts, have been changed to allow U.S. authorities to prosecute some violent crimes against U.S. citizen s wherever the crime was committed. Q: My sister is serving with the U.S. Army overseas. She was arrested for a crim e committed when she was not on the Army base. Will she be tried by the foreign

court or by a U.S. court martial? A: The legal authority to prosecute a U.S. service member in an overseas court d epends upon the Status of Forces Agreement (SOFA) between the U.S. and the host country. While all SOFAs are different, they typically provide that a U.S. servi ce member who commits a crime off-base may be tried in the courts of the host co untry, unless the crime was committed against another American service member, o r unless the crime was committed during the course of the service member's offic ial duties. If the service member is not tried in the host country's court, he o r she may be tried by a U.S. court martial. Q: Are foreign diplomats immune from prosecution for crimes they commit in the U .S.? A: Diplomats are not subject to prosecution for crimes they commit in the countr y in which they are stationed. This is the general rule followed by most countri es in the world, not just the U.S. The country in which the crime is committed i s usually limited to ordering the offending diplomat to leave the country. Q: What is the International Criminal Court? Is it the same thing as the Interna tional Court of Justice? A: The International Criminal Court (ICC) is a separate court from the Internati onal Court of Justice (ICJ). The ICC is set up to try those accused of offenses known as "crimes against humanity." Crimes against humanity include offenses suc h as war crimes and genocide. The U.S. is not a member of the International Crim inal Court. The International Court of Justice, on the other hand, is an organ o f the United Nations and hears disputes between nations, such as border disputes . Individuals may not bring cases before the ICJ.