International law, also known as public international law or the law of nations, is a set of rules, agreements, and treaties that are binding between countries. It is distinct from the domestic legal systems of individual nations and operates largely through the consent of participating nations, as there is no universally accepted authority to enforce it upon sovereign states. International law applies to governments, and it is up to each state government to implement and follow these laws. International law covers a broad range of domains, including war and diplomacy, economic relations, and human rights, with the ultimate goal of promoting peace and order between nations.
Characteristics | Values |
---|---|
Definition | The set of rules, agreements, and treaties that are binding between countries |
Application | Sovereign states and other entities that are legally recognised as international actors |
Sources | Treaties, customs, and general principles of law |
Purpose | To promote peace, justice, common interests, and trade |
Subjects | Human rights, economic and trade issues, space law, and international organisations |
What You'll Learn
- International Megan's Law applies to US citizens who are registered sex offenders
- It requires a unique identifier to be placed on their passports
- They must notify law enforcement 21 days before travelling abroad
- The law was passed to prevent child sex trafficking and exploitation
- It has been criticised for violating constitutional rights and for including low-risk offenders
International Megan's Law applies to US citizens who are registered sex offenders
The law requires US citizens who are registered sex offenders to obtain a special passport with a ""unique identifier" if they intend to travel outside of the United States. This identifier is a statement printed inside the passport book, which reads: "The bearer was convicted of a sex offense against a minor, and is a covered sex offender pursuant to 22 United States Code Section 212b(c)(l)." The law also applies to those who were convicted as minors.
The unique identifier on the passports of registered sex offenders has been controversial. Some critics have compared it to the practice of stamping Jewish passports with a "J" in Nazi Germany. There are also concerns that the identifier may hinder the ability of registered sex offenders to travel freely overseas, as some countries may deny entry based on this information.
In addition to the unique identifier, International Megan's Law requires registered sex offenders to notify law enforcement at least 21 days before traveling abroad. This notification must include complete itineraries, including specific flight information. The information is forwarded to the FBI and then to INTERPOL, who notifies the receiving country that a registered sex offender is traveling to their country.
It is important to note that International Megan's Law does not prohibit registrants from leaving the US and traveling to other countries. However, the law does impose certain restrictions and requirements on the travel of registered sex offenders.
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It requires a unique identifier to be placed on their passports
International Megan's Law (IML) is a US federal law that requires a "unique identifier" to be placed on the passports of registrants convicted of sex offences involving a minor. The law came into effect on 31 October 2017, when the State Department began marking affected passports with the sentence: "The bearer was convicted of a sex offence against a minor, and is a covered sex offender pursuant to 22 United States Code Section 212b(c)(l)."
The "unique identifier" is a visual designation affixed to a conspicuous location on the passport or passport card, indicating that the bearer is a covered sex offender. The identifier is a passport endorsement, printed inside the back cover of the passport book. Since endorsements cannot be printed on passport cards, covered sex offenders cannot be issued passport cards.
The law was signed by President Obama on 8 February 2016, and was included in the more expanded sexual offender laws. The IML was created in response to the 1994 murder of Megan Nicole Kanka in New Jersey. It was initially proposed by Congressman Chris Smith (R-NJ 4th Dist.) in 2008, under the guise of preventing "child sex tourism" or "sex trafficking".
The "unique identifier" provision has been criticised for violating the right to privacy and for being a potential impediment to travel. Critics have also noted that the law would cover those who were convicted as minors. There are concerns that the identifier could lead to mistaken identification, as there have been cases of individuals being mistakenly labelled as sex offenders on state-issued IDs and driver's licenses.
The IML also requires covered offenders to notify law enforcement 21 days before travelling abroad.
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They must notify law enforcement 21 days before travelling abroad
International Megan's Law is a federal law in the United States that requires individuals convicted of sex offences involving minors to notify law enforcement of their intention to travel abroad at least 21 days in advance. This law, which came into effect on October 31, 2017, is an extension of Megan's Law, which was enacted in 1996 in response to the murder of Megan Nicole Kanka by a convicted sex offender.
The full name of the law is the "International Megan's Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders". It requires that covered offenders notify law enforcement of their travel plans at least 21 days in advance. This includes providing detailed itineraries, including specific flight information, which is then forwarded to the FBI and INTERPOL, who notify the receiving country.
The law also requires that the passports of covered offenders include a "unique identifier", in the form of a visual designation affixed to a conspicuous location on the passport or passport card, indicating that the bearer is a "covered sex offender". This identifier was introduced despite criticism and comparisons to the marking of passports of Jewish people in Nazi Germany.
The law has been challenged by critics who claim it violates constitutional rights and covers individuals who were convicted as minors. However, supporters argue that it strengthens the ability of authorities to prevent sex crimes and enables the notification of destination countries when a convicted sex offender is travelling there.
The requirements of International Megan's Law build on the existing requirements of Megan's Law, which mandates that sex offenders register with various entities, including the Attorney General and relevant jurisdictions, and that this information is made available to the public.
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The law was passed to prevent child sex trafficking and exploitation
International Megan's Law (IML) was passed in 2016 to prevent child sex trafficking and exploitation. The law requires a "unique identifier" to be placed on the passports of registrants convicted of sex offences involving a minor. This identifier serves as a visual marker that the bearer of the passport has been convicted of a sex offence against a minor and is intended to prevent child sex tourism and exploitation.
The law also requires covered offenders to notify law enforcement at least 21 days before travelling abroad. This is done through Operation Angel Watch, which notifies the receiving country that a registered sex offender is travelling to their country. The US Secretary of State is also allowed to limit or restrict the travel of convicted sex criminals.
The IML was created in response to the 1994 murder of Megan Nicole Kanka in New Jersey by a violent predator previously convicted of a sex offence against a child. Megan's Law, the precursor to the IML, was enacted in 1996 and required sex offenders to register with local law enforcement. However, critics of the IML have claimed that it violates constitutional rights and covers individuals who were convicted as minors.
The IML has been controversial due to its potential impact on the privacy and freedom of movement of registered citizens. The law creates a new bureaucratic office, the Angel Watch Center (AWC), which will receive and forward travel information to the FBI and INTERPOL. This has been criticised as an invasion of privacy and a violation of the right to travel.
Additionally, the IML has been accused of imposing American values and laws on other nations, as it compels other countries to adopt a public registry and raise the age of consent to conform to American standards. This has been described as an assault on the sovereignty of other nations and a show of American arrogance.
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It has been criticised for violating constitutional rights and for including low-risk offenders
Megan's Law is the name for a federal law (and informal name for subsequent state laws) in the United States requiring law enforcement authorities to make information about registered sex offenders available to the public. The law was created in response to the murder of Megan Kanka, a seven-year-old girl from New Jersey. The man who killed her was a sex offender who lived in her neighbourhood.
Megan's Law has been criticised for violating the constitutional rights of sex offenders. The law requires registered sex offenders convicted of crimes against minors to carry a special passport that states their conviction when travelling abroad. They must also inform the Department of Homeland Security of any international travel plans in advance. Some have likened the special passports to a "scarlet letter" or the "yellow star" under the Nuremberg Race Laws.
One criticism of Megan's Law is that it includes low-risk or no-risk one-time offenders who were convicted under special circumstances. For example, a sixteen-year-old convicted of statutory rape for having sex with his fifteen-year-old girlfriend when the age of consent in the state is sixteen. In another case, a nineteen-year-old who had been flirting with a girl who said she was seventeen, but who was actually fourteen, was placed on the registry. These individuals have a very low risk of reoffending.
On the other hand, the law excludes sex offenders who may be dangerous and at a high risk of reoffending but who did not commit an offence against a minor. Data suggests that sex offenders have among the lowest same-crime recidivism rates.
Megan's Law has also been criticised by treatment professionals such as ATSA, who argue that the law lacks evidence of its effectiveness, includes offenders on the registry without determining the risk of reoffence, and exacerbates factors that may lead to recidivism, such as unemployment and instability. Civil rights and reformist organisations have also highlighted the adverse effects on family members of registrants and questioned the fairness of the registries as indefinite punishment.
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Frequently asked questions
International law applies to sovereign states and other entities that are recognised as international actors, such as international organisations and individuals.
The sources of international law are treaties, customs, and general principles of law. Treaties are express agreements that countries enter into voluntarily and are written down. Customs are common practices between countries that are widely expected and consistent, such as prohibitions on genocide and slavery. General principles of law are rules that develop over time based on past rulings and an understanding of how the law should work.
International law operates largely through consent as there is no universally accepted authority to enforce it upon sovereign states. Treaties and the possibility of economic sanctions create incentives for states to abide by international law.