The terms immigration law and (i)migration law are often used interchangeably. There is no substantial difference in daily use. The term migration law is more commonly used by professionals in the field because it refers to people moving between countries. For example, a Dutch person can also become a foreign citizen if he chooses to live in Belgium. Migration law is therefore a more international term that concerns not only national laws, but also international regulations. To emphasize this point, our association uses the term migration law rather than immigration law.

Migration law is part of administrative law, which concerns all the rules relating to the entry, entry, stay and transfer of foreigners. This also includes their claims to facilities and naturalization. In addition, a distinction is often made between ordinary foreigner or migration laws and asylum laws. The right of asylum concerns situations where a person cannot return to his/her country for political, religious or other (security) reasons. All situations not related to asylum law involve regular migration law.

Criminal law is the body of criminal law, which relates specifically to criminal behavior. It proscribes criminal conduct construed as dangerous, menacing, harmful, or else threatening to the public safety, peace, privacy, and moral well being of society in its entirety, inclusive of one’s own self. It also includes offenses against humanity as well.

The United States of America is a signatory to the International Criminal Code. This code is considered by the international criminal law system to be the primary body of criminal law around the world. The International Criminal Court (ICC) is an institution that can only be comprised of jurisdictions that are signatories to the code. The ICC is also the sole authority to determine crimes that are universal criminal code offenses. Therefore, if a state is not a signatory to the ICC’s universal criminal code, then that state is not subject to the jurisdiction of the ICC. Continue reading →