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 White paper on crime 2005 Part2/Chapter7/Section1/1 

Section1 Trends in International Efforts in Criminal Justice

1 UnitedNations

(1) Outline

  The United Nations takes various actions to reduce the loss in human resources and materials due to crimes and their impact on social and economic development,as well as to promote the implementation of U.N.standards and rules on criminal justice.
  The U.N.Congress on the Prevention of Crime and the Treatment of Offenders(Congress;the present title is the" Congress on Crime Prevention and Criminal Justice "approved by the U.N.General Assembly in1950,designed for proposing policies and exchanging opinions in various fields of criminal justice,has been held every five years since the First Congress in1955.The11th Congress was held in Bangkok in April2005,and adopted the"Bangkok Declaration,"under which member states reconfirmed their will to improve international cooperation on measures against crimes and terrorism with regard to the field including extradition of criminals and judicial cooperation,and called for each country's efforts to fight against organized crime,terrorism,corruption,economic/financial crimes,etc.
  As a subsidiary body of the Economic and Social Council,the" Commission on Crime Prevention and Criminal Justice "(Commission)established in1992,was held in its14th meeting in May2005.The Commission engaged in formulating policies for the U.N.in the field of criminal justice is held once a year in Vienna.Japan has been elected as a member of the Commission and has participated in its activities since its foundation.

(2) Measures against drug-related crimes

  Multilateral treaties have been adopted by the U.N.such as the" U.N.Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances ".Japan has ratified these treaties and developed corresponding domestic laws.

(3) Measures against transnational organized crimes

  In order to prevent transnational organized crimes and create an international legal framework to promote cooperation to fight against them,the" U.N.Convention against Transnational Organized Crime "was adopted by the U.N.General Assembly in2000.The Convention criminalizes participation in an organized crime group,money laundering,and bribery and corruption,and also provides the regulations for confiscation of crime proceeds and international cooperation to that end,extradition of offenders involved in organized crime,and protection of witnesses.Japan signed the Convention in2000,and the conclusion was approved by the Diet in May2003(The Convention has not been concluded as the related domestic laws were not enacted by the163rd Diet of2005).The"Protocol to Prevent,Suppress and Punish Trafficking in Persons,Especially Women and Children"(Human Trafficking Protocol),the"Protocol Against Smuggling of Migrants by Land,Sea and Air"(Smuggling Protocol),and the"Protocol Against the Illicit Manufacturing of and Trafficking in Firearms,their Parts and Components and Ammunition"(Firearms Protocol),which supplement the Convention,were adopted by the U.N.General Assembly by2001,and Japan signed them in December2002.The conclusion of the Human Trafficking Protocol and the Smuggling Protocol was approved by the Diet on June8,2005(Both Protocols have not been concluded as the U.N.Convention against Transnational Organized Crime has not yet been concluded).As a national collateral law,the"Law for Partial Amendment to the Penal Code,etc."(Law No.66of2005),which contains the establishment of punishment for human trafficking,etc.,was enacted on June16and was partially put into force on July12,2005.

(4) Measures against crimes involving women and children

  The" Convention on the Rights of the Child "was adopted by the U.N.General Assembly in1989and Japan ratified it in1994under the approval of the Diet.In2000,the"Optional Protocol to the Convention on the Rights of the Child on the sale of children,child prostitution and child pornography,"and"Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict"were also adopted by the U.N.General Assembly.Japan signed them in May2002,and the conclusion was approved by the Diet in April2004.Among them,Japan signed the"Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict"in August,and it came into force in September2004.Furthermore,Japan signed the"Optional Protocol to the Convention on the Rights of the Child on the sale of children,child prostitution and child pornography"in January,and it came into force in February2005.As a national collateral law,the"Law for Partial Amendment to the Law for Punishing Acts Related to Child Prostitution and Child Pornography,and for Protecting Children"(Law No.106of2004)was enacted on June11and was put into force on July8,2004.

(5) Measures against bribery and corruption

  The" U.N.Convention against Corruption "(provisional title)was adopted at the U.N.General Assembly in October2003,which criminalized bribery to foreign public officials etc.,and constructed the framework for recovery of proceeds gained by corruption to the country from which they originated.Japan signed it in December2003.

(6) Measures against terrorism

  As measures to prevent terrorism,the U.N.has adopted various international conventions to ensure punishment of terrorists in any country.In1999,the"
International Convention for the Suppression of the Financing of Terrorism "was adopted at the U.N.General Assembly,and Japan concluded it in June2006.Japan has concluded all the"12Counterterrorism Conventions"(Convention on Offenses and Certain Other Acts Committed on Board Aircraft,Convention for the Suppression of Unlawful Seizure of Aircraft,Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation,Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation,Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons(including Diplomatic Agents),International Convention against the Taking of Hostages,Convention on the Physical Protection of Nuclear Material,Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation,Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf,Convention on the Marking of Plastic Explosives for the Purpose of Detection,International Convention for the Suppression of Terrorist Bombings,and International Convention for the Suppression of the Financing of Terrorism).Furthermore,since the multi-concurrent terrorist attacks in the U.S.in September2001,there has been a movement to amend existing Counterterrorism Conventions.In April2005,another Counterterrorism Convention,the"International Convention for the Suppression of Acts of Nuclear Terrorism"(provisional title)was adopted at the U.N.General Assembly,and Japan signed it in September2005.