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International policing is the term used to signify legal interaction and participation on a coordinated global scale by a variety of law enforcement bodies, in order to better develop and preserve individual jurisdictional justice systems. Under normal conditions, each country has the power to only control legal activities within the confines of it’s own territorial borders, which generally means any action that has an effect on that country, but has taken place externally, can not be controlled or reprimanded. Though, through the development of international policing, this problem can quiet easily be solved through joint intervention by other countries within which crimes have originated, in effect placing new found meaning to the term - ‘the long arm of the law’.
As early as 1923, with the creation of the International Police Commission in Vienna (now known as Interpol, with its 177 member states), it was widely acknowledged that "one of the more substantial changes in major criminal activity would be internationalisation, assisted by the rapid improvements in transport and communications systems". It is for this same reason that a number of other organisations have since emerged to develop the utility of shared mutual assistance and information, the newest being ‘Europol’ (created by the Maastricht Treaty on European Union 1992).
Australia’s role within international policing is actually quite broad in comparison to this definition outlined. The ‘Mutual Assistance in Criminal Matters Act’ of 1987 describes the procedures by which any such activities may take place, and the terms by which assistance maybe refused. Section 5 of this act addresses the handling of request by other countries in criminal proceedings, relating to the release of documentation, the issue of search warrants for seizure of articles relevant to proceedings and investigations (including property), the recovery of pecuniary penalties, as well as a provision relating to witnesses availability for evidence. Section 8 documents the terms by which requests by other countries maybe refused on the grounds that offences were political in nature, could prejudice sovereignty, security, or national interest of Australia, would lead to the death penalty, or originated from a country that Australia does not have legal ties with, amongst others. By creating these provisions within section 8, Australia is inadvertently contributing it’s own ideologies, social beliefs of fairness, and humanitarianism into the emerging legal world’s structure.
International cooperation is occasionally obtained directly from other countries, but in generally, is gained through the use of formal mutual assistance channels such as Interpol, which has managed to developed an extremely comprehensive database of criminal records listing at least 250,000 international felons, their activities, tactics, and identities (facial features, fingerprints etc), as well as a list of missing or wanted individuals. Interpol’s major function is the promotion of widest possible mutual assistance between all police authorities, including providing technical assistance to officers who wish to travel internationally, within limits of laws existing in the different countries and in the spirit of the ‘Universal Declaration of Human Rights’. It also creates valuable statistical crime trend analysis reports via its ‘Analytical Criminal Intelligence Unit’ (ACIU), which it annually circulates to its member states, of which Australia is one. Each and every country that is a member instantly becomes one of the many bones that is essential to the development and maintenance of such organisations, promoting world unification for the common good - which without, would never exist.
Additionally, under the banner of ‘international policing’, Australia offers significant contributions to International liaisons, as well as peace keeping. Both of these activities are conducted mainly by the Australian Federal Police (AFP) in it’s capacity as the Commonwealth’s principle law enforcement agency, which in the case of liaisons, facilitates the integral interchange of drug importation and other crime related intelligence at pre-entry and post barrier stages, whilst providing its own nation with strategic intelligence reporting on criminal trends and the protection of Australian interests. Some other typical duties include assisting nations in investigations, the development and execution of controlled deliveries, extradition of known criminals, identification of new techniques in police training - equipment and practices, providing technical advice and training to other countries, assisting ‘third country’ law enforcement officials, and representation of Australia at international law enforcement conferences. This liaison network is noted as being the second most diverse program within the world, with extremely subtle tactics conveyed by operatives in 16 different countries including the United States, Hong Kong, Singapore, and South America.
The task of peace keeping refers to operations in which personnel owing allegiance to the United Nations partake in military or para-military like duties. The strategy has also been described as the act of third party "intervention where the practitioners remain wholly impartial and uninvolved in disputes of the parties concerned, acting only as negotiators and mediators, not law enforcers". Historically, Australia’s peace keeping forces comprised essentially of unarmed, or lightly armed officers, who monitored cease-fire agreements between combatants. Occasionally diplomatic assistance and supervising was required in the settlement of disputes between territories, specifically aimed at removing the source of any possible conflict before violence erupted. New developments have seen peacekeeping duties to now include unarmed activities to portray neutrality – designed to encourage acceptance by the general population, supervision of referenda and elections, provisions of humanitarian aid, human rights monitoring, forensic support in investigations, preservation of civil order through security planning and implementation, escorting civilians through disputed areas, and facilitation of reformation of police and military training. "Operations have also sought to establish national administration infrastructure and repatriation of refugees". In fact, there has been a greater tendency for Australian police officers to become involved in the internal affairs of troubled nations than ever before, though these activities are generally at the request of those countries and not without consent. The reasons that have prompted Australia’s involvement in any peacekeeping activity have generally remained consistent throughout time, and centered around the concept that any overseas activities that were unethical, or could result in casualties would inadvertently contribute to international insecurities and instability. The Australian people also perceive that taking no action in appalling situations which threaten human rights would be inadvertently suggest their support.
During 1964, Australia’s first federal police officers were sent to join the United Nations Civilian Police (UNCIVPOL) in Cyprus, who to this day, though in a much smaller number (roughly 20), are still present serving in an indispensable capacity of observers, negotiators and investigators. Their main duties included inquiries and settlement of disputes between Greek and Turkish Cypriots, maintenance and restoration of law and order, as well as patrolling three sectors of the UN buffer zone. Recent years have seen continued international police peacekeeping intervention requests escalate. 1992 saw ten officers deployed to the United Nations Transitional Authority (UNTAC) in Cambodia as part of Australia’s commitment to assist the Cambodian people to take control of their own affairs and return to peaceful and productive lives. Specialist investigations were required during the 1999 Balkans Kosovo and the 1999 East Timor crisis, amidst human rights violations and mass genocide reports.
In analysing the effectiveness of Australia’s overall participation in the concept of international policing, it would be necessary to firstly develop an understanding as to the reasons behind involvement to begin with. As cynical as it may seem, no country will generally contribute to any activity simply out of the kindness of their heart. International policing like any other international activity places great strains on a nations resources, and is generally undertaken when something is to be gained. The most common reason for involvement in any program of international policing can be narrowed down to the issue of national security – thus it stands to reason that if national security is being effectively implemented, then participation in international policing is successful. Let us consider some of the tasks the Australian Federal Police are involved in on an international level. Terrorism – a tactic to stop terrorist activities that are designed to counter legal investigations, deter the introduction or continuation of government policies, and create an environment more conducive to criminal activity. Detection and control of smuggling – Native fauna and flora are but a few of items that are commonly removed from Australia. Abolishing the trade in human beings, and sex slaves – Both Triads and the Yakuza are particularly active in this area and have held women as slaves in the tourist sex industry in the Philippines, South Korea and Thailand. Abolishing the trade in human organs – A lucrative market exists for such commodities within Russia and Argentina. Money laundering and Tax avoidance – The legitimisation of money derived from illegal activities. To assist in such investigations, the Australian Transaction Reports and Analysis Centre (AUSTRAC) makes available a range of financial information and intelligence relating to suspicious financial transactions, including international transfers. "This information provides an essential and high quality resource to the AFP in seeking to disrupt criminal activity and attack its financial base, and in maintaining the integrity of Australia’s financial transactions regime". Computer crime – activities that deprive both individuals and companies of their right to privacy, whilst illegitimately obtaining intellectual property and corporate secrets. Importation of illegal substances and narcotics – Substances of addiction are of a major concern as they continue to enter in an ever increasing proportion.
Counter terrorism is an area that Australia has luckily had little call to be involved in. During 1995 after investigations disclosed Aum Shinrikyo sect activities in Australia, which lead to the Tokyo subway nerve gas bombings, joint investigations began to counter further activities by this terrorist organisation which sought to "bring Armageddon through acts of mass murder" to society as a whole. Through investigation, the AFP assessed that the sect used a property located within Western Australia to conduct chemical tests of livestock and successfully blocked Aum members from entering the country again. It was also thought that this location was to become a safe haven for members of the cult after conducting major attacks. This joint effort was conducted with national security as a major concern, but also focused on promoting social cohesion and freedom for residents of both nations. This issue of terrorism is presently of particular importance with the lead up to the Sydney Olympic Games in 2000.
Computer related crime is a relatively new challenge to the world of policing, and holds many challenges. The use of sophisticated technology within the criminal world has seen the effects of criminal activities reaching far and wide. In order to investigate such activities and control them, the federal Police have had to integrate such technologies into their own system, learn to decode encrypted information, delve into the new study of forensic accounting, and monitor electronic transactions. Initial focus was brought to this area of crime control in 1988, when a US investigation was referred to Australian law enforcement agencies after it was discovered that hackers in Melbourne had attacked a number of US government sites. In December of 1994, a significant joint computer crime investigation was undertaken which resulted in the charges being pressed against a Queensland resident, who had caused an estimated 2 million dollars in damage by hacking international networks. At present five agents exist in Melbourne, two in Sydney and two in Perth, as part of the Computer Crime Unit, which monitors computer related crimes, including paedophilia.
Each year, many Australian citizens are reported missing whilst overseas. The primary responsibility for conducting searches for these lost individuals lies with the Department of Foreign affairs and trade, combined with Federal Police investigative support and international liaison inquiries. "A joint initiative was launched in May 1998 to provide better service to people who report missing people overseas. In the majority of cases, those reported missing are found unharmed. One recent case involved a man who was located in Germany after a search which had lasted six months".
Within today’s society, one of the bigger challenges faced by any nation is posed by organised crime relating to illicit drug importations. For Australian authorities, the challenge in this type of crime lies in the fact that the organisational base usually lies offshore, often in areas where Australian law enforcement is unrepresented. It is estimated "that 80% of this seized heroin can be traced directly to the ‘Golden Triangle’ – an area in Southeast Asia where Burma, Thailand and Laos meet". 1995 saw the success of operation ‘Brogue’, which involved multi agency investigation between Australia and other Asian based authorities, which resulted in the seizure of 21kg of heroin, and the imprisonment of 3 Singaporean syndicate members. 1997 saw the seizer of yet another 45 kilograms of heroin, as well as 14 kilos of ecstasy, 30 kilos of cocaine, and 5 tonnes of cannabis. But, even with the large variety or policies already in place, it seems that Australia, like most other countries, is fighting a losing battle. Being that the illicit drug trade has become a multi billion dollar enterprise, estimated to be even bigger than the oil trade, the amount of individuals willing to profit from such activities is increasing, which in turn inundates any form of control making it less than adequate.
The concept of effectiveness in relation to Australia’s part in international policing is relative to the light in which you wish to look at it. International policing as a group venture to assist fellow countries and in turn provide assistance to ones self in the task of international crime fighting, is without a doubt effective in what it aims to achieve. Australia as an international agent of policing is as effective as any other country, if not more so. But if you wish to perceive the question in comparison to the crime rate - that is an entirely different situation. Without a doubt, no crime policy can stop crime dead in its tracks. Recent technological developments have seen a surplus of individuals willing to partake in criminal activities, such as drug importation, because of the high profit margins, which in their minds outweighs the cost of being caught. Australia is struggling with controlling such events, but no more so than any other country. If one chooses to view the increase in drug importations, and other illegal activity as the be all and end all of effectiveness, then it would seem that Australia has pretty much failed in some areas. But, on the other hand, if your contextualise the existing and ever increasing efforts, regardless of the fact that it is almost impossible to keep up with growing trends - then Australia’s efforts are in fact effective. This is because an effective system is one that is able to grow with crime rates, though not necessarily equal them; allow for the development of strategies based on possible future trends and scenarios through foresight – something that Australia has been doing now for a very long time.
At the same time, it must be remembered that international policing is not solely about attempting to terminate illegal activities. It also comprises of factors such as peace keeping, and education through liaisons – activities that Australia has extensively partaken for many years, whilst other countries have sat idly by. Human rights have always been enforced, whilst both assistance in technical support and investigations have always been given to countries that required it. When all these factors are put together, it is fair to state that Australia has effectively participated, and even gone beyond it’s duty, in the area of international policing.
But this is no reason for complacency, as a need for the development of new laws and procedures will always exist. Crime will inevitably continue to grow in proportion to technological change, thus the need for emphasis on understanding and following electronic commerce, cyberspace, and foreseeing emerging trends – activities that will guarantee Australia’s presence as major world leader. So too, techniques must be developed to make better use of available technology, such as video conferencing, in order to save travel time and allow for evidence, including eyewitness testimony, to be given and received without considerable disruption or effort. One suggestion that has been made is that, picking up the similarities between cyberspace and the high seas, may resolve jurisdictional issues by the international adoption of a convention for cyberspace activity, which is comparable to aspects of the United nations Convention on the Law of the Sea.
The issue of investigator jurisdiction is one that needs to be resolved through greater degrees of coordination between agencies. Streamlining of departmental activities, nationally and internationally, will be of great assistance. At present there is little, if any, interaction between certain Australian departments, such as the AFP and ASIO (two major organisations responsible for the nations security and development) largely because of statutory constraints. Such a lack of interaction can only lead to a waste of resources, and a lack of useful information accumulation, which is of a major concern especially considering the opportunity for criminal actions (particularly terrorism) during the 2000 Olympic Games.
Mutual assistance in criminal matters and extradition laws provide some assistance in investigating and prosecuting offences of an international nature. "Nevertheless, it will be necessary to review the adequacy of Australia’s extradition and mutual assistance legislation and treaties to deal with electronic commerce offences. The need for mutual criminality (i.e. the conduct must constitute a criminal offence in both countries) could limit the effectiveness of these tools", even though dual criminality is not always necessary in some national legislation.
While Australia is represented at Interpol General Assembly meetings, it does not have a representative on its executive committee. Obtaining a position within this organisation, and all those similar, would benefit Australia greatly, firstly by having more input into activities which are of major concern to Australian, as well as expressing our beliefs, including human rights, to the world for greater consideration. On December of 1998, Australia put forward a proposal nominating Federal Police Commissioner Mick Palmer as a candidate for Interpol’s post of Secretary General. "This action demonstrated Australia’s commitment to international law enforcement". Further attempts to introduce Australians into such positions are needed, particularly in areas of peace keeping such as the United Nations council.
So too, international relations and programs must be developed with developing neighboring Asian countries, which are becoming more dominant on a world scale, and typically more important to Australia as sister nations. Such developments would create a better understand of Asian based international crime, as well as allow for the development of unified schemes to control drug and other criminal activities effectively. Any initiatives which increase Australia’s readiness and capacity to confront the ever increasing threat of international criminal activity, especially from inside the immediate region, should be given consideration, as the NCA has already noted, and begun to develop a practical methodology at an operational level with such overseas agencies.
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Brown, G., Barker, B., Burke, T. "Police as Peace Keepers", UNCIVPOL Victoria, 1984
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Author not available, "Europol History’, Internet Address http://www.europol.eu.int/content.htm?facts/en.htm, 1999
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Acts
"Mutual Assistance in Criminal Matters Act of 1987", Attorney General and Ministry of Justice, 1987
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