NCJ Number
69051
Journal
Revue de science criminelle et de droit penal compare Issue: 4 Dated: (OCTOBER-DECEMBER 1978) Pages: 789-809
Date Published
1978
Length
21 pages
Annotation
THE ARTICLE DISTINGUISHES BETWEEN TRANSNATIONAL AND INTERNATIONAL OFFENSES, ENUMERATES INTERNATIONAL OFFENSES, AND SUGGESTS THE ESTABLISHMENT OF AN AGENCY DEALING WITH INTERNATIONAL OFFENSES.
Abstract
THE TRANSNATIONAL OFFENSE DOES NOT DIFFER FUNDAMENTALLY FROM OTHER OFFENSES SANCTIONED BY NATIONAL CRIMINAL CODES, BUT MERELY INVOLVES A FOREIGN VICTIM, A FOREIGN OFFENDER, OR A FOREIGN TERRITORY. FOR EXAMPLE, THE MURDER OF A FRENCH CITIZEN COMMITTED IN A FOREIGN COUNTRY BY A FOREIGN OFFENDER WOULD, ACCORDING TO THE FRENCH CRIMINAL CODE, BE CONSIDERED A TRANSNATIONAL OFFENSE POSSIBLY INVOLVING EXTRADITION PROCEDURES. AN INTERNATIONAL OFFENSE, ON THE OTHER HAND, IS PUNISHABLE UNDER AN ENTIRELY DIFFERENT CRIMINAL CODE (I.E., INTERNATIONAL LAW) AS A DANGER TO THE INTERHUMAN RELATIONS OF THE INTERNATIONAL COMMUNITY. ACCORDING TO THE POSTWAR TOKYO AND NUREMBERG JUDGMENTS, INTERNATIONAL OFFENSES ARE OF THREE KINDS: (1) AGAINST PEACE (INTERNATIONAL AGGRESSION), (2) IN WAR, AND (3) AGAINST HUMANITY (NOTABLY GENOCIDE). IN ADDITION, TERRORISM, AIRPLANE HIJACKING, POLLUTION, DRUG TRADE, AND SOME ASPECTS OF WHITE-COLLAR CRIME ARE INCREASINGLY CONSIDERED INTERNATIONAL OFFENSES SINCE THEY TRANSGRESS NATIONAL BORDERS AND SINCE THEY CANNOT BE CONTROLLED EFFECTIVELY ON A NATIONAL LEVEL. AN INTERNATIONAL CRIMINAL COURT OR A CRIMINAL SECTION WITHIN THE INTERNATIONAL COURT OF JUSTICE (1) COULD HANDLE ALL INTERNATIONAL AND SOME TRANSNATIONAL OFFENSES, (2) COULD BE BOUND ONLY BY INTERNATIONAL LAW, AND (3) COULD BE ACCEPTED AS BINDING BY ALL COUNTRIES RATIFYING THE CONVENTION. --IN FRENCH.