Mechanisms of International Cooperation Under the Provisions of The United Nations Convention Against Corruption

Abstract

The seriousness of transnational crimes in general, and corruption crimes in particular, necessitates international efforts to combat and address their impacts. International cooperation has become a fundamental approach to combating corruption, especially after traditional individual measures adopted by states in their national legislation proved insufficient to curb the spread of this transboundary phenomenon. Recognizing its severity, the international community intensified its efforts, culminating in the adoption of the United Nations Convention against Corruption (UNCAC) in October 2003. The Convention emphasizes international cooperation as a crucial mechanism for combating corruption and uncovering the truth regarding such crimes. It outlines specific mechanisms for international cooperation and urges State Parties to actively engage in implementing them. This research aims to examine these mechanisms—namely, extradition, mutual legal assistance, and cooperation in investigations and law enforcement—through descriptive and analytical methods to identify their nature and assess the extent to which State Parties to UNCAC are obligated to implement them. The study concludes that, despite the Convention's strong emphasis on promoting international cooperation through these mechanisms, their implementation is contingent upon the consent of State Parties. Furthermore, the Convention's provisions are largely subject to bilateral and multilateral cooperation agreements to which the State Parties may already be bound.