International Criminal Law
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assistance to prosecuting authorities throughout Europe, suffered a severe setback
with the outbreak of the Second World War and the Nazi occupation of Austria. It
has been suggested that the information and records kept by Interpol assisted the
Nazi regime in their persecution of minorities.
1
After the war, the ICPC moved to
Paris and the process of rebuilding its reputation and membership commenced. It
was during this period that the organisation took its telegraphic address, ‘Interpol’,
which has since become the name by which the organisation is known. In 1956, the
General Assembly, the governing body of the ICPC, agreed to draft new statutes
which changed the name of the organisation to the International Criminal Police
Organisation. Its membership has grown rapidly since the Second World War.
Interpol’s modern constitution dates from 1956. Article 2 of this provides that its
role is:
(I) To ensure and promote the widest possible mutual assistance between all
criminal police authorities within the limits of the laws existing in different
countries and in the spirit of the Universal Declaration of Human Rights.
(II) To establish and develop all institutions likely to contribute effectively to the
prevention and suppression of ordinary law crimes.
Interpol’s main function is to process inquiries and disseminate information by way of
its international communications system. Consequently, it is not an operational agency
in the same manner as a conventional domestic police force. Article 3 of its constitution,
which strictly forbids the organisation to undertake any intervention or activities of a
political, military, religious or racial character, has the effect of limiting its role. The
interpretation of Art 3 rekindled some pre-war perceptions of the organisation and, for
atime,itrefusedtoassistinvestigationsconnectedtotheprosecutionofNaziwarcriminals.
However, this changed with the issuing of a request for the arrest of Joseph Mengele in
1985. Article 3 caused further problems when some States refused to co-operate in
undertakinginvestigationsintoterroristactivitiesonthebasisthatthiscategoryofoffences
was politically motivated. These problems threatened to jeopardise the general work of
Interpol and it became clear that some regenerative action was required. In 1984, the
GeneralAssemblyofInterpolmettodraftrevisedguidelineswiththeintentionofbringing
about a change in focus to the problematic interpretation of Art 3. As a consequence of
these discussions, the General Assembly agreed that the motive put forward by the
terrorist would not in itself be sufficient to make the offence ‘political’ in nature. Each
case must be considered separately on its merits and all the elements involved are to be
considered.
2
Whilst Art 3 was not amended, the revised guidelines provided Interpol
with a more pragmatic basis for distinguishing between ordinary criminal offences and
‘politically motivated offences’.
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