Regional cooperation against transnational organized crime: challenges and opportunities in the Western Hemisphere

The Big Question: Fixing Roles

The mention of transnational organized crime (TOC) often conjures up images of stereotypical organized crime groups involved in human trafficking, money laundering, drug trafficking, smuggling and/or arms trafficking. Yet, as the other chapters in this volume have highlighted, TOC is a complex phenomenon and involves a variety of crimes beyond the obvious including environmental crimes such as illegal logging, expropriation of natural resources, or toxic dumping as well as trafficking of body parts. Additionally, a host of actors participate beyond the stereotypical images of the rogue individual, the Mafia or other ethnic-based organized crime syndicates to include corporations (i.e., transnational, multinational, and local domestic entities), militias and paramilitary groups. Save for Caraway (2005), Kyle and Koslowski (2001) and Vandenberg (2002), rarely discussed in terms of TOC is the role of states in the facilitation of transnational crimes or their complicit or implicit involvement.

Mainstream development literature on financial crimes in Africa have focused on the illicit financial flows from institutionalized and transnational organized crime, such as natural resource scams, illegal arts and culture trading, and human, drug and arms trafficking as significant contributors to governance challenges in Africa. Commensurate attention to money flows from individuated scammed sources, and illegal transactions are still largely missing in action. Nevertheless, Illicit funds from personalized sources have permeated and compromised security and governance processes and structures in countries like Nigeria and Ghana where millions of individuals, mainly youth, are engaged in online-induced swindles that threaten to decay the value system further and exacerbate the festering governance and security crises. This paper attempts a discursive reconstruction of the attractions and rationalities peddled by African youth, and the societal conditionalities, in pursuing money and gains from online illicit foreign and domestic scams conceptually called ‘Yahoo’, and ritual money or other criminal sources called ‘Yahoo+’. The paper contributed to extant works on the continued trends in illicit money recognizing that studies in illicit financial flows from non-conventional illicit sources in Africa are rather scanty. The paper presents the narratives of the economic and survival justifications adduced by the perpetrators of online criminals, mostly youth, who in some cases are in the real sense engaged in pure criminal activities or scams outright. The paper found evidence of peer group influences and harsh economic conditions, as well as lack of calculated social engineering for youth bailouts as some of the leading factors influencing Africa's youth's engagement in 'Yahoo' and 'Yahoo+'. Apart from its objectionable effects for increasing crime rates and ritual killings, the paper argues that the proximate consequences of such impropriety from the youth relate significantly to governance and security implications, and economic distortions. While the focus is on Africa, empirical illustrations were surveyed with examples drawn mainly from Nigeria and Ghana.

오늘날 우리는 다양한 국가 출신의 이주민들과 함께 살아간다. 이러한 이주의 흐름에서 문제되는 현상이 바로 “(초국가적) 인신매매”(human trafficking 혹은 trafficking in persons)이다. 이주여성은 범죄에 취약한데, 국경을 넘는 조직범죄의 하나로, 인신매매의 피해자가 되곤 한다. 이러한 인신매매의 문제가 국경 내에서 해결하기 어려운 국제사회 협력이 필요한 문제가 되었다. 유엔은 인신매매에 대한 최초의 합의로, 2000년 초국가적 조직범죄를 방지하기 위한 ‘초국가적 조직범죄에 대응하는 유엔 협약’(United nations convention against transnational organized crime)의 부속서로 ‘인신매매, 특히 여성과 아동의 인신매매 방지, 억제 및 처벌을 위한 의정서’(Protocol to prevent, suppress and punish trafficking in persons, especially women and children, 2000)를 채택하였다. 인신매매방지의정서는 인신매매 방지의정서 수준으로 모든 회원국의 국내법 개정을 요구하여, 이에 부응하여 2013년 형법상 인신매매죄가 개정된 바 있다. 본고에서는 근래 한국 사회에서 쟁점이 된 이주민 대상 인신매매의 문제를 성적 착취 목적 인신매매로 한정하여 살펴보았다. 여성에 대한 인신매매의 큰 비중을 차지하는 ‘성적 착취’ 목적 인신매매에 대한 인식과 적절한 대응이 필요하다고 보고 피해자 보호 방안을 정책적인 방안과 법률적인 방안으로 나누어 서술하였다.In the era of migration, migrants from various countries live together in Korean society. In the past, the factors behind the influx of migrants have often been attributed to Korean society s labor force and lack of spouses. Nowadays the spread of Korean culture, so-called Hallyu have led the loyalty towards Korea, which is also a factor promoting the influx of migrants. Actually, a growing number of foreigners are visiting Korea because of its good culture. You can meet foreigners even if you go to small cities as well as Seoul. It is not strange anymore to them to move to Korea, settle down and start a living. But there s a new problem that is emerging in the era of migration, which is human trafficking or trafficking in person. Under the feminization of migration, one of the organized crimes beyond the borders has led to the problem of human trafficking. For this reason, an international agreement has been sought to prevent transnational organized crime and human trafficking, UN adopted Protocol to prevent, suppress and punish trafficking in persons, especially women and children in 2000 as an annex of United nations convention against transnational organized crime. In this paper, I described the issue of human trafficking for sexual exploitation and the protection of migrant victims, which has become an issue in Korean society. Human trafficking is a serious crime that violates human dignity. This paper examined the influx of Korean immigrants and proposed measures to respond to the current law on human trafficking for sexual exploitation and to protect victims. As a political measure, I proposed to prepare criteria for identifying victims of human trafficking, to provide opportunities for victims and their families to stay and work in Korea, to prepare criteria for returning and settling victims, and to educate and promote the prevention of human trafficking. Legal measures were also proposed to revise the current Act on the punishment of arrangement of commercial sex acts. etc. I proposed to revise the concept of human trafficking for sex trafficking purposes and introduce special provisions for victims of trafficking for sexual exploitation.

Introduction - Shiro Okubo and Louise Shelley Part I: Transnational Crime and Human Security 1. Globalization, Human Security, and the Right to Live in Peace - Shiro Okubo 2. Human Security Objectives and the Fight against Transnational Organized Crime and Terrorism - Yvon Dandurand and Vivienne Chin Part II: Transnational Organized Crime and the Legal Reponse 3. Transnational Organized Crime: The German Response - Hans-Joerg Albrecht 4. International Organized Crime Operating in Western Europe: The Judicial and Police Approach Against Organized Crime in the European Union - Joaquin Gonzalez Ibanez 5. Crime in Japan and Its Relation to International Organized Crime - Ueda Kan 6. Drug Trafficking in Korea - Sung-Kwon Cho Part III: Human Smuggling and Trafficking 7. International Trafficking: An Important Component of Transnational Crime - Louise Shelley 8. Foreign Women's Life and Work in the Entertainment Sector of Korea from the Human Trafficking Perspective - Dong-Hoon Seol and Geon-Soo Han 9. Trafficking in Persons in the Americas: An Overview - John T. Picarelli Part IV: Responding to Human Smuggling and Trafficking 10. The EU Combat against Illegal Immigration, Smuggling, and Trafficking in Human Beings: Its Impact on Spanish Law - Emiliano Garcia Coso 11. Japanese Experience and Response in Combating Trafficking - Atushi Kondo 12. The Trafficking of Thai Women to Japan and Countermeasures of the Thai Government - Yuriko Saito

The article states that one of the main tasks of the international community in the field of law enforcement is to ensure the inevitability of punishment of a guilty person for all elements of criminal offenses, regardless of the place of their commission, every serious crime should be punished. Expanding the scope of transnational organized crime involved in trafficking in human beings, human organs, drugs, weapons is one of the most serious threats to national security, both as a single state and as a whole in the world. Opportunities that are used by transnational organized groups are striking in their scope, means of communication, transport connections, and global reach. Their activities can lead to destabilization or criminalization of economically weak states, creation of alternative centers of government, or corruption of public institutions such as local governments, the judiciary, police and others. It is stated that transnational organized crime is detrimental to the national interests of individual countries and affects international security and stability in general, and the development of effective measures to counter such crimes is a task of the international community. In order to combat transnational organized crime, United Nations States Parties develop co-operation strategies to combat such crimes, taking into account the specificities of: the legal system, national legislation and state bodies, operational procedures, human and technical resources, approaches available to interagency and regional cooperation as well as cultural and political aspects. It is emphasized that United Nations States Parties, with the participation of specially created bodies, develop recommendations for the practical assistance in combating transnational organized crime by issuing manuals, model laws, legal commentary and other material to eliminate legal loopholes which allow criminals to escape from justice.

The Tren de Aragua, a transnational criminal organisation originating in Venezuela, exemplifies the concept of multi-crime by diversifying its illicit activities, such as drug trafficking, human trafficking and illegal mining, adapting to diverse contexts in Latin America. This study analyses the narratives on transnational multi-crime on TikTok, taking the Tren de Aragua as a case study. Through web scraping techniques, discursive patterns are identified that reflect its operational structure and its perceived impact on the digital imaginary. The analysis is based on the framework of the Department against Transnational Organised Crime (DDOT) of the Organisation of American States (OAS), addressing dimensions such as money laundering, corruption and cybercrime. The hypothesis suggests that these narratives demonstrate the group’s ability to exploit institutional and socioeconomic vulnerabilities, amplifying its symbolic influence on digital platforms. The results allow us to identify patterns in their operations, proposing an interpretative model for understanding multi-crime in the region. In addition, analytical tools are sought to design effective public policies against organised crime. This approach highlights how digital narratives shape the perception of multi-crime in the contemporary public space.

This article concerns on forms of international procedural cooperation of Republic of Moldova as an actual modern problem. It has been noted that scale of organized crime, terrorism, illegal drug and arms trafficking, illegal migration, human trafficking and other crimes compel different states to unify their efforts in counteracting these crossborder phenomena by creating organizational mechanisms of interaction. International legal aspects of crime counteraction, in particular the UN Convention against Transnational Organized Crime, the European Convention on Mutual Assistance in Criminal Matters and Additional Protocols to it have been studied. It has been specified that foreign countries legislation uses most advanced mechanisms of mutual legal assistance for a long time, but institute of joint search groups is a relatively new form for criminal procedural legislation of Republic of Moldova. An attention to amendments to criminal procedural legislation concerning implementation of the institute of joint search groups has been devoted. It has been acknowledged that according to legislation of Republic of Moldova a request on forming of joint search group could be sent by any engaged state. Such group is to be created in any state where criminal persecution needs to be enforced. There is certain information to be included in such request: law enforcement body which requested, the request�s subject and grounds, data on persecuted person and his full name, nationality, address, if necessary � suggestions on group membership. Signing of the Police Cooperation Convention for Southeast Europe by Moldova facilitated implementation of cross-border surveillance institute which comprises procedural action to be conducted when representatives of one country�s law enforcement body are keeping under surveillance during criminal persecution in another country a person, suspected in participation of the crime which envisaged extradition, or a person who is reasonably believed to be helpful in identification or establishing whereabouts of the aforementioned person, and has the right to continue such surveillance in Republic of Moldova according to legal assistance request submitted previously. It has been substantiated that international cooperation in crime combating is based on legal assistance providing and aimed at expansion of the quantity of countries which are contracting parties of such cooperation agreements.

Studies on antiquities trafficking have often been overshadowed by research looking at the trafficking of human beings, drugs, and weapons, a fact partly motivated by the arguably higher relevance and greater security implications involved in these other forms of illicit trade. However, the past decade of conflicts in the Middle East has revived an interest in the study of antiquities trafficking networks.1 The association between the growing size of the illicit antiquities market and conflicts in the region did not go unnoticed by crime scientists and criminologists looking deeper at the relation between the trafficking of antiquities and transnational organized crime.2

As globalization has expanded international maritime trade, so has the range of criminal activities broadened and diversified. By their very nature, security issues such as transnational organised crime are a challenge for many nations. Issues such as piracy, terrorism, trafficking in illicit drugs, human beings and arms, threatens necessary infrastructure, are interconnected and transcend boundaries. In particular, drug, human trafficking and piracy are activities of organized crime groups, generating enormous economic gains by criminal cartels andsyndicates. The wide range of maritime related activities are inter-related to some extent, and have a potential impact on the prosperity derived through their contributions to security, stability and safety. The main aim of thispaperis to raise awareness on the nature of transnational organised crimes and their socio-economic consequences on a regional, national and international level. Specifically this paper examines the nature, extent and policy relating to illicit drug trafficking as a form of criminal activity broadly in the maritime world in Africa and particularly in South Africa. It is of scholarly importance that research in the maritime sector be effectively utilized as a basis for policymaking, thereby, narrowing the gap between research and policymaking on a wide range of maritime challenges facing Africa as a continent which is emerging as a global economic actor in the 21st Century. The paper concludes that national, regional, continental and international organisations need to establish or improve existing mechanisms for ‘maritime governance’.

This article aims to analyze the COVID-19 pandemic impact on multidimensional security, a concept from the Declaration on Security of the Americas in 2003, which seeks to analyze the topic of security in a holistic and integral way. The multidimensional security concept seeks to comprehensively address issues involving traditional threats, transnational organized crime, asymmetric threats and social and environmental vulnerabilities (poverty and exclusion, natural and man-made disasters, HIV-AIDS and other diseases). Thus, the work analyzes the impacts of the pandemic in the Western Hemisphere related to social and environmental vulnerabilities (health problems), transnational organized crime (drugs and arms trafficking, corruption and money laundering), asymmetric threats (cybersecurity) and traditional threats (violations to the territory and sovereignty). Therefore, it was possible to observe that the American hemisphere suffered the effects of the pandemic more sharply, mainly due to social inequality and the absence of strong institutions.

Transnational Organized Crimes, otherwise referred to as cross-border crimes, have become a phenomenon transmuting from one form to another as a result the zealous efforts of perpetrators at escaping justice, despite plethora of domestic, bilateral and multilateral treaties, conventions and protocols entered by cooperative nations to ward-off cross-border crimes. This study comprehensively evaluates the efficacy of various specialized international organizations, established laws and agencies set up to combat incidence of transnational organized crimes. The impacts of the United Nation and its International Convention against Transnational Organized Crime, African Union, Interpol, US Federal Bureau of Investigation, International Criminal Tribunal and other regional bodies form the subject of this work with reference to their successes, failures and attendant challenges. The various types and dangers of Transnational Organized Crimes and groups are considered hereunder in line with their prevalence in certain regions or their common route – citing relevant cases and instances across Africa, Asia, America, Europe and the Middle-East – the UK’s neo-slavery case of Senator Ike Ekwerermadu of Nigeria comes in handy. The question on disparity in jurisdiction, legal systems and the pivotal need for uniformity and transnational collaboration in the process of enforcement is hereby analysed with a view exposing the causes and dangers of increasing rates of border crimes. The extent to which the existing legal frameworks have impacted to curb perpetration of transnational crime forms the basis of conclusion and recommendations towards achieving a water-tight border security against transnational crimes.

Transnational organised crime (TOC) refers to a fluid and diversified industry that engages in illicit activities ranging from drug and human trafficking to drug smuggling, piracy and money laundering. Although it may affect strong states, conflict-affected and fragile states are especially vulnerable to the dynamics of TOC and may provide more favourable conditions for its development. The implications for those states are many and serious. This paper outlines the ways in which TOC has evolved in recent years and how policy might be adapted to take account of this evolution. It emphasises that TOC today is less a matter of organised cartels established in producer or end-user states, but increasingly characterised by fluid, opportunistic networks that may for example specialise in transport and logistics. The paper recommends tackling the problem through a comprehensive approach that considers TOC as but one element within a greater complex of cause and effect. This would entail a re-evaluation of many current assumptions about TOC and a reformulation of current policies.

Transnational organized crime (TOC) is a significant source of global instability. The UN Security Council (UNSC) has shown awareness of this issue, authorizing the adoption of coercive measures under Chapter VII of the UN Charter also against perpetrators of such crimes. This article reflects on whether TOC can fit the definition of threat to the peace currently adopted by the UNSC, and on its potential to foster a re-thinking of the meaning and scope of the concept of international peace and security. To this end, it examines the UNSCs authorizations of coercive measures aimed at repressing specific TOCs (wildlife trafficking, drug trafficking, piracy, human trafficking and migrant smuggling), in search of a common rationale or shared criteria that might provide insights as to future developments. This analysis will also prompt a reflection on the desirability and possible consequences of qualifying TOC as a threat to the peace.

This paper is a research note that explores the links between transnational organized crime (TOC) – namely the groups linked to drugs and arms trafficking – and the structural violence in Brazil. Grounded on the discussion on violence explored by Johan Galtung and thereafter developed by other scholars of Peace Research, the paper specifically aims to answer the following question: How does TOC take advantage of societal configurations that perpetuate social injustice in contemporary Brazil? The exploratory research is grounded in the analysis of data provided by non-governmental organizations (NGOs) specialized in criminality and violence in South America, government communications and public security studies, as well as United Nations agencies reports (mainly United Nations Office for Drugs and Crime (UNODC) and United Nations Development Programme (UNDP)). The preliminary results show a correlation between transnational illicit networks and structural violence, with minor differences between rural and urban areas.