Analysis of Fundamental Challenges in the Combat of Transnational Crimes

Abstract

Transnational Crimes have existed in some form and to some degree since the inception of organized societies. They have remained prominent in popular culture and policies, evolving through different eras, under different political and economic conditions. These crimes encompass various offences ranging from organized to corporate and political crimes. Specifically, some of the crimes that are transnational in nature include human trafficking, cybercrimes, drug trafficking, migrant smuggling, sea piracy, terrorism amongst others. Globalization enlarged their markets, technological advancements accelerated their trends and the internet fostered development of looser transnational criminal networks. Despite the challenges posed by state sovereignty, the International Community have been actively involved in the suppression of transnational crimes. This is evidenced in the evolution of various Suppression Conventions, principal of which is the United Nations Convention against Transnational Organized Crime (UNTOC). Several International Institutions such as the United Nations Office on Drugs and Crimes (UNODC) and the International Criminal Police Organization are also in place to combat transnational crimes. The effectiveness of these mechanisms has been clogged by democratic deficits over the development of Transnational Criminal Law, state complicity in transnational crimes, the absence of a transnational criminal justice system amongst other problems. Recommendations were made in the study for the legitimization of Transnational Criminal Law, establishment of an effective central and neutral authority to oversee international cooperation in transnational criminal matters, stronger infusion of human rights safeguards in transnational criminal justice, establishment of a multi-disciplinary team for the investigation and prosecution of transnational crimes amongst other recommendations. The doctrinal research method was adopted for the study as information contained in the research was gathered from consultation of both secondary and primary sources which are related to the subject of discourse.