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General Assembly Plenary- Topic 2

International Crime

NOTE:  Due to the tardiness of this topic being posted, you are not required to write/submit position papers on this topic before the conference.  Just be prepared to discuss the topic in committee.

Introduction

Globlization, no matter what your opinion, is a reality. Modern communication has allowed people to communicate vast distances instrumentality. Every day the amount of international business transactions increase. People Cross Borders and in some instances those borders are beginning to break down. There have always been issues with international crime, mostly they are settled with treaty's, and in the past the rarity of instances were so rare that states could handle them between the parties involved. However in recent days the sheer increase in crime have raised questions about the current system.

As the Race forges headstrong into a new age, an Age of Information as it were, the world community is forced to seek answers to Some of the questions that it tabled in the past examples are; jurisdiction rights, Crime between borders, and Corporate entity Legal jurisdiction,not to mention two Digital Copy Rights, Internet Jurisdiction-Content legality. There are also many players in the situation, There are the Goverments of the World, Corporations, The International Criminal Cort, and Criminals.

 

Players

 

World Movements

There are Many governments in the world today, each having hundreds if not thousands of treaty's regarding the handling of the various Crimes that happen between themselves and other independent bodies. There are massive bureaucracy's set up to manage and deal with these situations, in many instances there are several such agency's, as in the United States of America Has the Dept of state that handles a majority of all situations, however in specific cases other agency's have partial jurisdiction. And of coarse there are always disputed cases of Rights and Jurisdiction between two nations. Many times countries will abuse or ignore previous treaty's for political agendas. A good example of this is the French and the united states have quadrilled many times about the extrication of American Criminals who flee to France. France refuses to extradite any individual that faces the death penalty to the country seeking “retribution” We will get more into this issue and more specific events in the chapter covering Questions; Topic prediction's.

 

Corporations

With mobilization as it is Corporate entities are required to establish many branches in a variety of markets in order to produce revenue. A branch in the the Malaysia produces Labor to produce raw material, to be processed by capital in Japan, Engendered in the United States and finally sold on the Streets of France. As you can see Corporations no longer fit within the normalcy of what would be at national entity. Consider this, A company breaks human rights law in Malaysia, how do they prosecute, do they target the home office or the Malaysian office, or reverse the situation, the French movement learns of Violations in Japan, but Japan does not have the same standards, can the French government prosecute and how does it.

 

The International Criminal Cort

Many World Governments belong to the International Criminal Court (or ICC) wile the reasons of there involvement are varied, there are a few gaping holes in its structure. Primarily the absence of the United States as a member country. The Rome Statute established the court in 1998, and the statutes establishing the legal system and governance of the court went into effect earlier this year, though the courts operation will not go into operation until aprox. 2006 with the completion of the administrative and procedural complex is completed in Alexanderkazerne. The Court is for the most sever of crimes, which it defines as Rape, Murder, and the use of children in military force, though in more complex contexts and careful reading of the actual law establishing the organization there are broader property crimes that do come into effect. The ICC does have provisions of compensation, there was established a fund for the payment of victums in situations, that would receive moneys as compensation from the convicted perpetrators of hence heinous activities.

 

Criminals

The Criminals themselves are a player in this situation as they are who is causing the whole mess. There are many different Criminals, individuals, Small groups and large organizations dedicating to the profiteering of the misfortune of others, or otherwise disregarding the base morality established by government action. The question is who are they and the answer is simple, they are many things, and many definitions, too many to be of content in this argument, thusly when disscussing this player it is nessicary to mark your own deffinition and implment it into any disscussion and or resolution.

There have existed throughout the Majority of human existance orginizations that have profiered from directly disregarding legal statutes in place. Raiders, Pirates, the Moffioso and the modern plague of the First world Drug Smuggiling orginizations. These are organization specifically organized for the degrigation of legal corse and rights, and do a fairly good job of finding loopholes and locating ways to skirt jurisdiction. These have becaome the main front in the face of Law and order on the global scale for they defiy normal standerds of Jurisdiction, this is because parties involved in the crime may be in different countries and never have interaction, however testimoney and trial is also important, it is also a case where double jepordy come into play in many situations.

 

Questions

 

Extridiction

The Question of what happens when a suspect in a crime flees to anouther nation. Usually nations are not in favor of keeping criminals in there nation, however for some reasons extredition rights. These are commonly for political reasons. For instance several times the french government has withheld extridiction of criminals to the united states due to death penalty jepordy. One of the more famous instances was in march of 2001, a person was suspected of killing a doctor who preforemed abortions in new york, and sniped three in canada, and fled to france. The investigation turned up evedance of a 1994 murder in Vermont, and thus he was tried, and convicted in abstentia. He was sentanced to death. For this the french government refuses to extridite the convicted murder to the United States. Even after the cort rulled that he would instead be sentanced to life the french government has decided that it canot permit the extridiction of that man. However sometimes law and treaty does get in the way of standerd proceadure and govermental opinion an wants.

 

What Constitutes a Corperate Enitity

This has recently become an issue. In todays society we are quickly moving towords larger and larger corperations, some entities such as Proctor and Gamble are have grown so large that they more resemble countries than fisical entities. Add to the growth of corperation aacross borders and the mess becomes enourmous. Verrious taxation questions are raised obviously, but so are labor rights, enviromental concerns and jursdictional administration. Solvancy on this should not be taken lightly.

What constitutes international crime, how is it to be enforced

There are many questions in this subject, is rape, murder or anything of the base morality as a legal concern, when does it become an international manner, how will the corts decide, who and what agancy has jurisdiction. There are also crimes such as smuggiling that only exist on an international debate.

 

Internet Law

The Internet is a tangible concept more than anything, wile it does have physical components such as computers, and wire, it is outside that, it is like another realm that binds the world as one. Internet users may use terminals in order to connect to what is being called the information super highway, that is physically all the wire, servers, routers etc... but is more or less the Web, FTP, IRC and a myriad of other human interfaces for accessing many forms of information. Information that can be accessed using the information superhighway includes but not limited to, Social interaction (chat) factual information (I.E. online dictionary's, Fact sites and the ilk) and Entertainment (I.E. movies, games and music). But why is this important.

The Internet has become the single moist defining technological development of the later half of the twentieth century, and is fastly becoming one of man kinds great achievements. This is because for the first time in human history we are a connected people, you can now more easily talk to another person half way around the world, than walk d

It is not hard to find on the Internet as most reports indicate, and this body strongly discourages delegates from doing private reserch on the subject, rather rely on information that can be found from reports that have already been filled by government agency's, or news sources. However there are some more ambiguous moral dilemma with the Internet.

Digital Copyright law has recently begun to become a highly contested issue that appears to have entered moral ambiguity, notice the word moral is being used in the context of what is accepted as right and wrong by the general populous, Copyright infringement is always unethical since it provides little to no social benefit wile costing artists much needed and deserved income. However, it is possible that in setting such long terms for copyrights to be valid may in fact be in general harmful to society and has produced the following questions, How should copyrights be handled? How long should certain copyrights be valid? And what constitutes infringement.

There has always persisted the ambiguity of pyramid scams, and the Internet is full of these pseudo fraudulent crimes, however there are other new forms of blatant fraud on the Internet, Mass mailings of electronic mail I.E. SPAM has been filled with fraudulent crime for years, many people wish to see litigation against SPAM for this reason and the congestion that it causes, which brings us to all other forms of Internet law, if we missed something, please make sure is topical but feel free to present it to this body.

 

Closing Words.

I belive that an apoligy is in order for the delay of this document. There are legetement reasons for this and it is the fastest that this document could have reached you the delegates. Its Quality is also in question, this is due to an eleventh hour rewright due to an unfortunate breakdown of comunication. And it is understood that you do not have much time to deal with the subject at hand, We strongly encourage you debate Water rights before proceeding to this topic, also to limit debate into the various sub subjects involved.

 

References.

http://www.icc-cpi.int

http://www.ojp.usdoj.gov/bjs/ijs.htm

http://www.fas.org/irp/threat/pub45270index.html

http://www.un.org/law/

http://www.interpol.int/

 

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