This paper examines the substance and benefits of developing international police law (IPL), which would guide the development of policing in individual countries and the cooperation of police from different countries in addressing transnational crime.
The seeds for IPL currently exist in Interpol's Constitution2 and in various international agreements among individual countries or with the United Nations or other international organizations. Conventions and multilateral or bilateral agreements on police cooperation are formal sources of IPL that conform with the definition of sources on international law specified in Article 38.1 of the Statute of the International Court of Justice. The central issue in promoting IPL is whether or not police ethics and integrity could be improved by the constitution of an international police law. It can be anticipated that an international police law would enhance and promote the democratization of the police institution in developing countries. IPL would act as a reference and a model for the organization, policies, and procedures of police institutions throughout the world, albeit tailored to the will and needs of particular societies. Also, given the trend toward the globalization of crime and the evolution of transnational organized crime, protocols for international police cooperation and interagency deployments are necessary for efficient and effective multilateral operations. IPL should incorporate and aggregate commonly accepted standards of police behavior and emphasize the most important prohibitions already defined by various international instruments that relate to the protection of human rights. It should include several stipulations of the U.N. Convention against torture, provisions of the International Covenant on Civil and Political Rights, and corresponding norms and standards of European organs and bodies, notably the Council of Europe Declaration on Police. Interpol's Seoul Declaration (1999) that relates to the prevention and repression of police corruption would also be useful. 6 notes