Abstract
This article focuses on questions concerning the consequences of international crime, not from a judicial perspective, but from a security viewpoint, that is, as a potential threat to international peace that could trigger the use of force by Member states of the United Nations. This is to distinguish from judicial issues raised by the proposed permanent International Criminal Court (I.C.C.). This article examines concepts connected with the right, under international law, of one or more nations to use military force within the territorial boundaries of another sovereign state. The author uses as illustrative examples the factual scenarios of organized crime, weapons-grade uranium smuggling, and narco-trafficking to explore the relevant international legal issues. However, these scenarios are not meant to be exhaustive, nor does the author wish to suggest that they are necessarily the most important crimes that threaten international peace and security.
First, two key questions are addressed: What is meant by a threat to international peace and security? What consequences result from a determination that such a threat currently exists? Next, concepts of international criminal law, traditional and current, are examined. The article suggests that certain acts, which can be defined as crimes against the international community, can trigger authorization by the Security Council for the use of force against nonstate actors. Lastly, the author outlines guiding principles to be used by the Security Council when deciding whether to authorize the use of military force against international criminals.
Recommended Citation
Pickard, Daniel
(1998)
"When Does Crime Become a Threat to International Peace and Security?,"
Florida Journal of International Law: Vol. 12:
Iss.
1, Article 1.
Available at:
https://scholarship.law.ufl.edu/fjil/vol12/iss1/1