Brexit & International Criminal Law: Entering Uncharted Waters

Abstract:

This paper analyzes the implications of the British withdrawal from the European Union, commonly referred to as “Brexit,” on the function of international criminal law in the United Kingdom.  While Brexit negotiations have largely focused on changes to immigration and trade policy, much of the United Kingdom’s international criminal law enforcement and policy rely on European Union bodies and precedent.  This paper analyzes the five largest areas of United Kingdom-European Union criminal law overlap: criminal justice agencies, cooperation agreements, mutual recognition agreements, harmony of law, and harmony of criminal procedure.  Through case studies and analysis of international treaties, this paper explores each of these areas.  While many of the precise functions of international law after Brexit have the potential to change based on the specificities of exit negotiations, the entrenched legal mechanisms described here could all be subject to a variety of transformations in the coming years.  This paper seeks to understand the potential for such change more thoroughly. Continue reading “Brexit & International Criminal Law: Entering Uncharted Waters”