الآليات الدولية لمكافحة الفساد: اتفاقية الأمم المتحدة لمكافحة الفساد أنموذجاً

Abstract

Corruption is considered a multifaceted criminal phenomenon worldwide, and its combat is only effective through international mechanisms. The United Nations Convention against Corruption, issued in 2003, is regarded as the most important international framework for countries in combating corruption. The current study aims to understand the international mechanisms related to combating corruption according to the United Nations Convention, utilizing both descriptive and analytical methodologies. The descriptive approach was adopted to identify the specific nature of corruption crimes and the relevant substantive and procedural rules. Meanwhile, the analytical method was used to determine how to address these crimes within the existing international framework. The study concluded several noteworthy results, including the absence of a comprehensive, agreed-upon definition of corruption that satisfies all researchers. Additionally, the United Nations Convention did not include a clear and legal definition of corruption under study. It was also revealed that the legislative framework of the convention incorporates specific provisions for preventive measures against corruption, as stipulated in Articles 5, 6, 10, and 13. The convention also includes deterrent measures that criminalize various forms of traditional and non-traditional corruption acts. The United Nations Convention goes beyond merely criminalizing corruption-related crimes; it extends to obliging member states to criminalize and punish any public official who abuses their power and engages in trading influence for illicit gains. However, the convention, according to Article 17, limits the crime of embezzlement of public funds to national public officials, without any reference to foreign public officials or civil servants in international organizations. The study recommended the necessity of incorporating supervisory and executive measures into the United Nations Convention.