Australia's Criminal Justice System and the UN

Australia is a party to the United Nations Convention against Transnational Organized Crime. The convention is the main international instrument on transnational organised crime, and recognises the need for countries to work together to fight this type of crime effectively.

 

What are the implications of Australia being a party to the convention?

By ratifying this instrument, Australia has made a commitment to fighting transnational organised crime, including the creation of specific domestic criminal offences relating to this type of crime and the adoption of extradition & mutual legal assistance, and law enforcement cooperation frameworks.

 

Protocols to the Convention

The convention is further supplemented by three Protocols which target specific areas of organised crime. Australia is also a party to two of these protocols:

 

Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children

The aim of this protocol is to support efficient international cooperation in investigating and prosecuting cases involving trafficking in persons. This involves creating synergies in national approaches with regard to the establishment of domestic criminal offences. An additional objective of the Protocol is to protect and assist the victims of trafficking in persons with full respect for their human rights.

 

Protocol against the Smuggling of Migrants by Land, Sea and Air

This Protocol aims at preventing and combating the smuggling of migrants, while protecting the rights of smuggled migrants and preventing the worst forms of their exploitation.

 

How is the Convention reviewed?

The biennial Conference of the Parties to the United Nations Convention against Transnational Organized Crime promotes and reviews the Convention and its supporting Protocols. Australia plays an active role in the conference and participates in the various working groups.

 

United Nations Commission on Crime Prevention and Criminal Justice

This commission guides the activities of the United Nations in the field of crime prevention and criminal justice, and acts as the governing body of the United Nations Office on Drugs and Crime.

Australia attends the annual meetings of the commission as an observer and plays an active role in the discussions and consultations on resolutions.

 

 

Nyman Gibson Miralis specialise in all aspects of international and transnational criminal law. Our expertise includes dealing with the laws and processes surrounding anti-money laundering, bribery and corruption, extradition and mutual legal assistance (MLA), cybercrime, Interpol, international asset forfeiture and national security breaches. If you require assistance, contact one of our expert criminal defence lawyers.