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Role of the United States in the International Enforcement of Criminal Law

NCJ Number
156586
Journal
Harvard International Law Journal Volume: 31 Dated: (1990) Pages: 37-76
Author(s)
E A Nadelmann
Date Published
1990
Length
40 pages
Annotation
This paper outlines the challenges posed by the growing internationalization of law enforcement and the response of the United States to these challenges.
Abstract
Compared to many European countries, the United States' experience in dealing with transnational crime is recent and unsystematic. The main feature distinguishing the current United States role in international law enforcement is its high level of activity and initiative. Obstacles posed by internationalization include sovereignty, jurisdiction, and the reality that criminal justice matters are only one among many of a government's foreign policy objectives. Today international law enforcement relations are increasingly governed by many bilateral, regional, and international agreements dealing with both particular types of criminal activity and different types of cooperation. However, most international law enforcement efforts do not involve either treaty makers or prosecutors. International law enforcement cooperation involves evidence gathering and extradition, as well as vicarious prosecution. The United States has enacted new law, amended old ones, increased financial and human resources, negotiated treaties, sponsored multilateral conventions, and raised awareness of the need for more effective international law enforcement. Although predictions about specific issues are difficult, it is clear that these kinds of international involvement and cooperation will continue. Footnotes