The State and "Transnational Advocacy Networks" in the Prevention and Control of Transnational Crime

Teaching and Learning Guide for: Transnational Crime and Transnational Policing

In international criminal law theory, a conceptual divide is made between international crimes stricto sensu (genocide, crimes against humanity, war crimes, aggression) and transnational organised crime. This differentiation sustains the direct, respectively indirect enforcement mechanism: the so called ‘core crimes’ belong to the subject matter jurisdiction of international criminal tribunals and the International Criminal Court, whereas national jurisdictions aim to counter transnational crimes, by concluding ‘suppression conventions’ and seeking international cooperation on the basis of the aut dedere, aut judicare principle. Nevertheless, the division is questioned for being too rigid and simplistic, as the boundaries between the categories are increasingly blurred. On the one hand, political rebel groups and organised crime often unite to challenge the power monopoly of the state, while corrupt governments and private business conspire to exploit the local population (by pillage, deportation from their lands or pollution of the environment). On the other hand, there is an ongoing debate, triggered by the ICC Kenya Decision of March 2010, whether the commission of crimes against humanity is the ‘privilege’ of states and state-like groups, or whether the category should be expanded to cover larger organisations that are capable of committing such atrocities. In other words, there is a proliferation of state and non-state actors that engage in both ‘classic’ international crimes (war crimes, crimes against humanity) and transnational crime. These developments have fuelled the plea for supranational law enforcement in respect of transnational (organised) crime, exceeding the realm of inter-state cooperation on a horizontal basis. This essay will pay a modest contribution to this discussion by arguing that the quest for more effective law enforcement is bedeviled by the perplexity of fitting new patterns of crime and new perpetrators of international crimes into the classic mould of international criminal law. These two aspects are obviously intimately related and should not be considered in isolation. Any initiative to invigorate international criminal law enforcement - by for instance establishing new (international or regional) courts or by expanding the subject matter jurisdiction of existing courts – should therefore pay attention to both the elements of crimes and the modes of criminal liability.

Corruption and control of corruption have become a focal concern in developed and developing countries. European countries - where corruption for a long time had been thought to present a plague strictly confined to underdeveloped countries - now are recognizing eminent dangers of corruption and an urgent need to control corrupt practices in the political, administrative and economic system. The Council of Europe has declared corruption a key political issue in Europe and stresses the links between corruption on the one hand and organized and serious economic crime on the other hand. However, one can say that also governments in European countries and elsewhere have (re)discovered the enormous moral, emotional and symbolic value of declaring wars against corruption. This becomes evident when for instance in the LIMA declaration corruption is depicted as a cancer, as something which has to be eradicated completely and as a disease like social phenomenon which threatens the social fabric at large. Other voices declare corruption to represent an attack on the “heart of the state”. In particular the view that corruption is closely linked to organized and transnational crime and that control of corruption should also be part of a medicine against organized crime at large has fueled attempts to strengthen repressive and preventive policies against corruption. This has led also to see corruption not only as a threat to proper public administration and law enforcement and effective anti-corruption policies as a precondition of good governance, but as a strategic instrument used by organized crime groups to establish parallel worlds and a system of impunity. Increased media attention certainly is contributing to the growing awareness of problems of corruption and corruption control. The European Union has expressed interest in corruption control in particular with a view of protecting the system of European subsidies and the European Union’s budget. However, corruption evidently exists without organized crime and without supranational opportunities to deviate funds from supranational budgets. While control of corruption and bribery for most of the 20th Century was conceived as a task entrusted to national law enforcement and national criminal justice systems, in the last two decades of the 20th Century – following the discourse on transnational organized crime – corruption control became an issue with an European, international and transnational dimension. Transnational corruption was raised as a problem in particular through the US Foreign Corrupt Practices Act 1977 which – after an extended multilateral discourse – initiated drafting and enactment of similar legislation in industrialized countries.

The article is devoted to the study of information security against the threats of transnational organized crime. Organized crime is a potential and major threat to the national security of our country. The relevance of the research topic is determined by the fact that transnational organized crime is not only a potential, but also a real threat to national security, state sovereignty, and the provision of human and citizen rights and freedoms. Transnational crime is a phenomenon that is not only not limited to the borders of one state, but also affects the global security of humanity. Transnational organized crime is a significant problem for the development of Ukraine as a democratic, social and legal state with the irreversibility of Ukraine's European and Euro-Atlantic course. At the same time, the issue of the commission of criminal offenses by organized crime is one of the most complex and problematic both in the theory of criminal law and in judicial and investigative practice. Attention is drawn to the fact that since the full-scale invasion of the Russian Federation, the issue of ensuring information security, as a component of national security, has acquired a new meaning, and therefore requires research and resolution. The article focuses on issues of legislative consolidation of the concepts «information security», «national security», «transnational organized security». The main provisions of the normative legal acts establishing these concepts were analyzed, as well as threats to national security and problems of organized crime were determined. The United Nations Convention against Transnational Organized Crime, November 15, 2000, approved by resolution 55/25 of the General Assembly regarding the consolidation of the concept of «transnational organized crime», «crime of a transnational nature» was analyzed.

Southeast Asia has a geographical position that is very vulnerable to various forms of transnational crime. The Association of Southeast Asian Nations/ASEAN as a regional organization for countries in Southeast Asia has a role and responsibility to carry out the prevention and eradication of transnational organized crime in Southeast Asia. This paper aims to analyze the factors causing the occurrence of transnational organized crime in Southeast Asia, and to analyze the forms of regional cooperation in the prevention and eradication of transnational organized crime in Southeast Asia. This paper uses a normative research type, with a statutory and interpretation approach. The legal materials used are sourced from books, research reports, journals, and international legal instruments. The collected legal materials are then analyzed qualitatively. The results show that there are three main factors that cause transnational organized crime in Southeast Asia, the three factors are economic globalization, increasing heterogeneity of immigrants, and rapidly developing communication technology. ASEAN has an important role in actively participating in campaigning for the war against transnational organized crime, especially in the Southeast Asia region. Transnational crime was first discussed by ASEAN in 1997 which later gave birth to the ASEAN Declaration on Transnational Crime Manila, Philippines, 20 December 1997. In addition to encouraging its members to ratify the United Nations Convention on Transnational Organized Crime, 2000 and the promulgation of a number of regional instruments, regional cooperation is also the main key for ASEAN and its member countries in the prevention and eradication of transnational organized crime in Southeast Asia.

In international criminal law theory, a conceptual divide is made between international crimes stricto sensu (genocide, crimes against humanity, war crimes, aggression) and transnational organised crime. This differentiation sustains the direct, respectively indirect enforcement mechanism: the so called ‘core crimes’ belong to the subject matter jurisdiction of international criminal tribunals and the International Criminal Court, whereas national jurisdictions aim to counter transnational crimes, by concluding ‘suppression conventions’ and seeking international cooperation on the basis of the aut dedere, aut judicare principle. Nevertheless, the division is questioned for being too rigid and simplistic, as the boundaries between the categories are increasingly blurred. On the one hand, political rebel groups and organised crime often unite to challenge the power monopoly of the state, while corrupt governments and private business conspire to exploit the local population (by pillage, deportation from their lands or pollution of the environment). On the other hand, there is an ongoing debate, triggered by the ICC Kenya Decision of March 2010, whether the commission of crimes against humanity is the ‘privilege’ of states and state-like groups, or whether the category should be expanded to cover larger organisations that are capable of committing such atrocities. In other words, there is a proliferation of state and non-state actors that engage in both ‘classic’ international crimes (war crimes, crimes against humanity) and transnational crime. These developments have fuelled the plea for supranational law enforcement in respect of transnational (organised) crime, exceeding the realm of inter-state cooperation on a horizontal basis. This essay will pay a modest contribution to this discussion by arguing that the quest for more effective law enforcement is bedeviled by the perplexity of fitting new patterns of crime and new perpetrators of international crimes into the classic mould of international criminal law. These two aspects are obviously intimately related and should not be considered in isolation. Any initiative to invigorate international criminal law enforcement - by for instance establishing new (international or regional) courts or by expanding the subject matter jurisdiction of existing courts – should therefore pay attention to both the elements of crimes and the modes of criminal liability.

Halbert Exchange Post Doctoral Fellow, Munk Centre for International Studies, University of Toronto. The author would like to acknowledge the generous support of the Halbert Exchange Program at the Munk Centre and the Leonard Davis Institute for International Relations at the Hebrew University of Jerusalem. The article greatly benefited from the useful and wise comments of Idit Wagner-Lowenheim, Joshua D. Goldstein, Benjamin Miller, and two anonymous reviewers. Dr Loewnheim may be reached at Oded. Lowenheim@utoronto.caINTRODUCTIONAre transnational criminal organizations (TCOs) a threat to security in world politics? Certainly, they are well-established networks or associations that strive for monetary and commercial gain wholly or in part through illegal means across national borders. Under the United Nations convention against transnational organized crime, an offence is transnational if '(a) It is committed in more than one State; (b) It is committed in one State but a substantial part of its preparation, planning, direction or control takes place in another State; (c) It is committed in one State but involves an organized criminal group that engages in criminal activities in more than one State; or (d) It is committed in one State but has substantial effects in another State.'(1)The profit-seeking nature of TCOs notwithstanding, a growing body of literature argues that the activities of TCOs in themselves and also in conjunction with terrorism are a threat to national and international security.(2) In light of these claims, which are also propagated by many politicians and officials in the Western world, this article examines the alleged security threats posed by TCOs. In examining the most common arguments about the TCOs threat in light of the concept of security in international relations theory and the empirical background, I find that TCOs are far less a security threat than has been suggested. I also maintain that we should be more frugal in using the term 'threat to security.' Not every unwanted or negative phenomenon and actor should be labelled as such. If we overstretch the range of security threats, we might end up wearing out one of the fundamental notions of our discipline and unnecessarily add to fear-mongering in the contemporary 'world risk society'(3) in which a growing number of states, politicians, non-governmental organizations, interest groups, and other actors attempt to advance their various agendas by identifying a broad array of processes and factors as security threats. Finally, dubbing transnational organized crime a threat to security does not guarantee a satisfactory solution to the problems posed by it, and in fact might exacerbate them.TCOs AND SECURITY THREATS: REVIEWING THE MAIN ARGUMENTSAlthough transnational organized crime is not a new phenomenon, its scope has broadened considerably since the late 1970s. Various economic and technological developments - the expansion of telecommunication systems, the growing volume of international transportation and trade, the standardization of consumer tastes, the spread of electronic financial networks, increasing immigration and border crossings, and so on - have helped local criminal organizations to expand their operations into other countries and continents, sometimes through co-operative arrangements with each other. This is not to say that there is a global conspiracy or 'Pax Mafiosa' with a formally planned division of criminal work, as Claire Sterling has proposed.(4) Rather, it seems that transnational organized crime is relatively decentralized and based on loose networks.(5) In addition, TCOs, despite their transborder dimension, still retain strong ethnic, national, and/or religious inclinations; most are domestic crime groups that have extended their operations into the international market.(6) Thus, most TCOs do not fit the image of a supranational illegal corporation. Instead, we speak of Colombian or Mexican drug 'cartels,' Russian 'mafia' groups, Chinese 'triads,' and so on. …

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

As we head toward the end of the millennium we, as specialists and experts in the field of international criminal justice, must pause to reflect seriously on the issue of global organized crime. Study in this regard requires that more rigorous attention be focused on the future directions of research, the creation of a network of regional and worldwide scholars to perpetuate a collaborative agenda, and data collection for comparison of various activities associated with law enforcement and correctional operations. We must find a more unified systemic approach to crime control. Regardless of whether a nation is large or small, developed or underdeveloped, rich or poor, every society is confronted with the task of controlling organized crime. Organized crime is indeed a universal phenomenon. It has long been predicted that international organized crime will become a major force in the commercial, financial and military sectors of every country, eventually affecting directly the destiny of all countries. We may soon be confronted with an economic and financial crisis, in that governments everywhere cannot afford to watch events unfold by saying “there is no solution to the problem because it is beyond our ability to control the problem.” We must find a solution. On June 26, 1995, American President William Clinton, commemorating the 50th anniversary of the United Nations at the ceremony held in San Francisco called for, “Support through the UN of the fight against forces of disintegration from crime syndicates and drug cartels. They cross borders at will. Nations can and must oppose them alone, but we know, and the Cairo Conference reaffirmed, that the most effective opposition requires strong international cooperation and mutual support.” The original idea for a global high‐level conference on organized crime came from a magistrate who devoted his life to fighting the Mafia, Judge Giovanni Falcone, who died in a bomb attack in May 1992, in Italy. Following Judge Falcon's death, the Minister for Justice in Italy took on the idea of holding this conference in his address to the General Assembly that year. The conference was held in Naples two years later, organized by the Crime Prevention and Criminal Justice Branch of the Secretariat of the U.N., under the guidance of the Commission on Crime Prevention and Criminal Justice and in accordance with the Economic and Social Council resolution 1993/29 of July 27, 1993, and the recommendation of the Commission was made at the second session. The 142 states represented at the Conference unanimously adopted the Naples Political Declaration and Global Action Plan Against Organized Transnational Crime, which was later approved by the General Assembly by resolution 49/159 on December 23, 1994. For further information regarding the topic of international and transnational organized crime and associated issues, see World Ministerial Conference on Organized Transnational Crime, Naples, Italy, United Nations, Crime Prevention and Criminal Justice Newsletter, No.26/27, November 1995; speech by President William Clinton on the occasion of the 50th anniversary of the U.N., San Francisco, June 26, 1995; A Law Enforcement Source book of Asian Crime and Cultures: Tactic and Mindset, Douglas D. Daye, CRC Press, Boca Raton, 1997; Transnational Criminal Organizations, Cybercrime and Money Laundering: A Handbook for Law Enforcement Officers, Auditors, and Financial Investigators, James R. Richards, CRC Press, Boca Raton, 1999; and Global Report on Crime and Justice, by UN Office for Drug Control and Crime Prevention, Graeme Newman, ed., New York, Oxford University Press, 1999.

Introduction Organized crime is difficult to define. In 1919, the Chicago Crime Commission began referring to certain patterns of behavior as “organized crime,” and in 1929, U.S. President Herbert Hoover talked about the concept. In 1975, the United Nations Crime Prevention and Criminal Justice Branch invoked the term “transnational crime” to identify certain criminal phenomena transcending international borders, transgressing laws of several states, or having an international impact. Until the 2000 passage of the Palermo Convention, “transnational crime” and “transnational organized crime” (TOC) were largely criminological terms used to discuss a crime with different definitions in different states, but that transcended the jursidiction of a given state. In 1994, the UN Secretariat, as part of the Fourth UN Survey of Crime Trends and Operations of Criminal Justice Systems, identified eighteen categories of transnational – and mostly organized – criminality: money laundering; illicit drug trafficking and corruption and bribery of public officials; infiltration of legal business; bankruptcy fraud; insurance fraud; computer crime; theft of intellectual property; illicit traffic in arms; terrorist activities; aircraft hijacking; sea piracy; hijacking on land; trafficking in persons; trade in human body parts; theft of art and cultural objects; environmental crime; and other offenses committed by organized criminal groups. On December 15, 2000, the U.S. National Security Council issued a report outlining the impact of transnational crime on U.S. and international strategic interests.

IUU Fishing (Illegal, Unreported, and Unregulated Fishing) is a fishing activity conducted in territorial waters or EEZ of a country that is unlawfully or unlicensed, and it is not reported or incorrectly reported either on its operations or the data of the vessels and its catch to the authorized fisheries institution. IUU fishing criminals are often a group of foreign organized crime that may cause the implementation of legal proceedings against IUU fishing perpetrators will be more difficult due to the limitations of coastal state jurisdiction. IUU fishing has become a global threat because this crime has occurred in many countries and resulted in enormous losses to the coastal state. Therefore, IUU fishing needs to be recognized as a transnational organized crime. The classification of IUU fishing as an organized transnational crime will facilitate the process of eradicating the practice of IUU fishing because every country should cooperate in the settlement and prevention of IUU fishing crime. Thus, IUU fishing is not only the responsibility of the coastal state alone, but also the global responsibility.

The article considers the mechanisms for fighting transnational crime and international cooperation in accordance with the United Nations Convention against Transnational Organized Crime and identifies the main factors that complicate international cooperation processes to combat transnational crime. The authors emphasize that international cooperation in the fight against crime is key to the success and guarantee of international security. The main objectives of the article are to carry out a comprehensive analysis of the concept of "organized crime" in accordance with the United Nations Convention against Transnational Organized Crime, to determine the corpus delicti, as well as to improve International Law to combat transnational crime. In the article the following methods are used: induction, deduction, analogy, as well as historical, dialectical, formal-legal methods. The article provides us with the complex results related to the key mechanisms of international cooperation according to the United Nations Convention against Transnational Organized Crime.

Globalization, Economic Reform and Organized Crime: Transnational Crime and Economic Liberalization, P Andreas Liberalization and Financial Crime, M Levi Co-operation Among Criminal Organizations, P Williams. International Organizations and Organized Crime: The UN Convention Against Transnational Organized Crime, D Vlassis The OAS and Organized Crime in the Americas, C Granada Policing Euroland - Law Enforcement Co-operation Against Organized Crime in Europe, M den Boer. Regional Trends: Contextualizing the Growth of Transnational Organized Crime in Europe, I Taylor Crime and Civil Wars in the Balkans, T Koeppel and S Agnes From Small Time Smuggling to Big Time Racketeering - Turkey and the Middle East, P Robins From Drug Trafficking to Transnational Crime in Latin America, M Serrano and MC Toro Global Triads - Myth or Reality?, YK Chu.

Nowadays, organized crime networks share intelligence and knowledge as a fundamental asset for their members, thus making criminal organizations more global in nature and activities. Internet has consequently become the natural environment for these organizations. This evolution has put a bigger pressure in Law Enforcement Agencies LEAs demanding more efforts and resources in the fight against transnational organized crime. LEAs can therefore profit from international cooperation in fighting these organizations. However, differences among legal frameworks, languages and police and judicial culture may create interoperability issues. The CAPER project addressed the prevention of transnational organized crime by trying to provide the needed interoperability among the different European LEAs. In this work, we introduce a supranational Organized Crime Structure OCS modelled through an ontology in order to improve European LEAs Interoperability ELIO. Results suggest that ELIO is able to provide the required interoperability features, overcoming the issues that arise in this scenario.

Transnational organized criminal activities and local activities have affected both countries, Albania and Kosovo. Meanwhile, transnational crime with transnational and local base Albania-Kosovo, is of interest and influence, therefore, it is suggested that the cooperation between the Republic of Albania and the Republic of Kosovo in this regard be serving in law enforcement institutions in Albania and within law enforcement institutions in Kosovo. Transnational organized crime, terrorism, corruption and money laundering are global security threats and local, regional and international sources of crises. Organized crime knows no nationality, no countries, borders, homeland, race, ethnicity, religion and religious beliefs. That is why it is required cooperation in the fight against transnational organized crime and transnational organized crime to be implemented permanently with the main goal of the strategy implementation, action plans, joint operations between the two countries, Albania and Kosovo. Important role in this association play their respective law enforcement institutions such as the police of the two countries, prosecutions, courts and other institutions. While international cooperation is realized with major international organizations like the UN, the EU, Interpol, Europol, SECI center etc. During the years 2002-2015 between the governments, ministries of internal and Police of the Republic of Albania and the Republic of Kosovo hav signed several agreements, memoranda of understanding and common protocols. Interstate and transnational cooperation through the tabulation and graphs presented and seek to build strategies, institutions, measures, operations and joint actions with preventive, managers and common problem solvers of security and the fight against transnational organized crime. Consolidation of security in Albania and Kosovo, is closely associated with the construction, consolidation and functioning of the rule of law, and the rule of law, reaching freedom and respect for fundamental human rights. Albania-Kosovo cooperation significantly affects the strengthening of the rule of law against transnational organized crime. This cooperation is a necessary precondition for the prevention of conflicts and internal, external and regional crises, in order to achieve security and human rights and freedom.