Transnational Organized Crime Research Articles

Modern Illegal Drug Business in Ukraine: Multidisciplinary Study of the System of Prevention and Countermeasures Against the Legalization of Income (Money Laundering) Obtained by Criminal Means

Established that the modern illegal drug trade is an integral part of transnational organized crime, involving the laundering of proceeds obtained through criminal activities. A comprehensive multidisciplinary study was conducted to evaluate the effectiveness of Ukraine's efforts to combat the contemporary drug trade and to analyze the international system for preventing and countering the legalization of illicit income (money laundering). This study confirmed the connection between transnational organized crime and the laundering of money derived from the illegal trafficking of banned psychoactive substances. The research emphasized the critical need to enhance the criminal and legal frameworks, improve medical and pharmaceutical support, and expand social and economic assistance. By examining the global experience in combating organized crime and drug-related offenses, the study provided valuable insights into effective strategies. Particular attention was given to forensic pharmaceutical practices related to the detection of prohibited psychoactive substances and the legalization of income from their illicit trade. To address these challenges, the study recommends increasing the criminal liability for members of organized drug trafficking gangs and suggests specific amendments to articles 115, 305, and 307 of the Ukrainian Criminal Code. Furthermore, a detailed analysis of the European Union’s roadmap and international cooperation efforts in combating the illegal circulation of prohibited psychoactive substances and the laundering of illegal profits was conducted. Normative initiatives aimed at amending Article 209 of the Ukrainian Criminal Code were developed and proposed. The study indicated the importance of implementing the EU Roadmap measures in Ukraine to foster cooperation among various private and public institutions. This collaborative approach aims to coordinate joint actions, conduct research, and organize conferences and training sessions based on the EMCDDA European prevention program and UN initiatives. The study underscores the relevance, timeliness, and practical significance of engaging the international community, including scientists, medical professionals, pharmacists, students, the public, legal experts, law enforcement, and government authorities. Through this multidisciplinary approach, the study seeks to promote a more effective and coordinated response to the challenges posed by the modern drug trade and its associated criminal activities.

Trafficking and Organs, Tissues, and Cells: An Examination of European and UK Legislation and Gaps

Abstract Substantial custodial sentences were handed down from the English Central Criminal Court for organ trafficking. Attempts to exploit vulnerable people for the purposes of organ removal, and for organ, tissue, and cells (otc) trafficking are ongoing in many jurisdictions. It is also clear from the 2019 EU evaluation of the Union legislation on blood, tissues, and cells that there is increasing commercialization in the procurement of human material for medical use, using global supply chains. Full traceability of all human material, for which there is a shortage to meet global medical needs, is required. The medical profession has drafted the Istanbul Declaration on Organ Trafficking and Transplant Tourism 2008, calling for transplant tourism to be prohibited, and full engagement with transnational law enforcement to address developing transnational organized crime in this area. This paper addresses the global, Council of Europe, EU, and UK provisions in this area.

Combating Migrant Smuggling by Sea: Analysis of EU Action Plan Against Migrant Smuggling and Standards of Migrant Smuggling Protocol

Migrant smuggling is one of the main issues challenging national security systems. This issue also threatens common international security. Migrant smuggling toward European countries is mainly organized through maritime routes. Therefore, to treat this issue in a more focused way, the purpose of this paper is to address the issue of migrant smuggling standards and regulations that are promoted by the Protocol against the Smuggling of Migrants, with a special emphasis on migrant smuggling by sea. In addition, this paper aims to address the EU policy regarding the prevention and combating of migrant smuggling by sea. From the data obtained from this study, we can understand that the issue of preventing and combating migrant smuggling by sea is addressed by some standards of the Protocol against the Smuggling of Migrants, which has been ratified by 152 of the UN Member States and serves as an important basis to facilitate the prevention and combating of migrant smuggling by sea. Furthermore, the European Union has addressed the issue of migrant smuggling by sea, and based on the findings so far, this issue has become an important part of the EU Security Union Strategy, the EU action plan against migrant smuggling, and several other important documents in the EU. The investigation and prosecution of this form of transnational organized crime requires a coordinated approach between the authorities of the countries whose laws are violated by this form of criminality.

The Role of International Law in Addressing Transnational Organized Crime

This study delves into the pivotal role of international law in combatting transnational organized crime. This phenomenon has significantly evolved and expanded in its scope and complexity. The paper begins with an introduction to transnational organized crime and the critical importance of international law in addressing these challenges. It then provides a historical background, tracing the evolution of these crimes and the corresponding development of international legal frameworks. Further, the paper categorizes various types of transnational organized crime. A comprehensive analysis of key international laws and treaties, including the United Nations Convention against Transnational Organized Crime (UNTOC) and various regional treaties, forms a crucial part of the study. The role of international organizations like the United Nations, Interpol, and regional entities in enforcing these laws and promoting cooperation is critically evaluated. The paper addresses the significant challenges in implementation, including jurisdictional issues, disparities in national legal systems, and political and economic barriers. Through case studies, the paper analyzes successful international cooperations as well as notable failures, providing a real-world perspective on the effectiveness of current strategies. The emerging trends and future challenges section looks at the impact of technology and changing political landscapes on transnational crime. Finally, the paper proposes potential solutions and policy recommendations, focusing on strengthening international legal frameworks and enhancing global cooperation and intelligence sharing. The conclusion summarizes the findings and reflects on the future of international law in effectively tackling transnational organized crime within the evolving global landscape.

A precautionary tale: Exploring the risks of deep-sea mining

Since the 1970 s, scientists and entrepreneurs have been seeking new opportunities to mine by exploring the deep sea as a viable option. Deep-sea mining was soon seen as an alternative to terrestrial mining, especially for precious materials needed for technology. The International Seabed Authority (ISA) has been tasked with the mandate to govern deep-sea mining within the high seas, including providing exploration permits to countries, as well as eventual exploitation contracts, once such activities commence within the next decade. In this exploratory study, we analyze the levels of international cooperation and other indicators of the 21 countries that have been given permits by the ISA to explore areas for deep-sea mining in the high seas. By examining whether these countries have ratified the 17 major international sea; illegal, unreported, and unregulated fishing; climate; and transnational organized crime conventions; providing a case study of worst performing countries in terms of their ratification status of such conventions; as well as examining the performance of these 21 countries on 18 global risk indicators, this paper finds that, overall, there is lack of commitment among these countries with their international obligations, while they rank moderate-to-high on the 18 global risk indicators. These findings should be a warning sign to the international community, as well as ISA that is responsible for issuing permits for deep-sea mining.

Criminal group as a special form of complicity in a crime

Relevance. The relevance of this study is due to the high level of social danger and threat to public life and many areas of the state. Purpose. The purpose of the work is a detailed analysis and definition of the activities of organized criminal groups. Methodology. Among the methodological approaches used, it should be noted the theoretical methodological approach, the functional methodological approach, the formal legal methodological approach, the deduction method, the synthesis method and others. Results. It was noted that the theory of criminal law contains a certain range of problems that are associated with criminal liability for the creation and participation in organized criminal groups. To conduct a more detailed analysis of the definition of the concept of organizational criminal groups, several approaches from the theory of criminal law were studied, which made it possible to identify the main features and principles of the formation of this kind of illegal activity. The United Nations Convention against Transnational Organized Crime was analyzed as a study of a criminal group through the prism of studying this concept at the international level. It was noted that sustainability is one of the main features that characterizes organizational criminal activity. Using a system-structural analysis, the main characteristics of criminal communities and organizational criminal groups were identified and summarized. The Criminal Code of the Republic of Kazakhstan was analyzed and the main legal collisions related to the definition of the concept of a criminal group and ways to counter this illegal organizational activity were noted; in this regard, certain recommendations have been offered. Conclusions. The practical value of the results obtained provides an opportunity to highlight additions to the national legislation for a more accurate definition of the concept under study and increase the effectiveness of counteracting it.

Crime and Sanctions: Beyond Sanctions as a Foreign Policy Tool

AbstractTargeted sanctions, namely asset freezes and travel bans, are no longer the province of foreign policy alone. They are increasingly often used by governments in response to crime, such as corruption, human rights abuse, cybercrime, drug trafficking, and transnational organized crime writ large. Such sanctions are imposed based on permissive evidential standards, such as that of “credible evidence” or “reasonable grounds to suspect.” Their advent has added a new layer to a multi-tier system of state responses to crime. First, there is the traditional approach of criminal prosecution and conviction based on the criminal standard of proof. Second, one rung below is non-conviction based asset forfeiture, a notionally civil confiscation of supposed proceeds of crime that eschews the need for compliance with a suite of criminal trial safeguards. At the third level of this hierarchy are crime-based targeted sanctions, which vest the state with the greatest latitude in dealing with suspected criminals. Based on a wide-ranging analysis of international practice, this article contends that not only are crime-based sanctions de facto a criminal justice tool, but also that a coherent set of principles is required to determine their relationship with other responses to criminal behavior.

Fisheries observers: An overlooked vulnerability for crime and corruption within the global fishing industry

Human fishery observers play an important role in monitoring fish stocks, providing scientific data upon which management organizations set applicable fishing limits and quotas to maintain sustainable populations. At-sea observers, however, sometimes sustain harassment from crews that object to being monitored, and at least one observer has disappeared or died under suspicious circumstances while underway every year since 2009. This exploratory paper examines inherent vulnerabilities within the monitoring, control, and surveillance (MCS) framework that nations and regional fisheries management organizations (RFMO) have adopted to support sustainable fish stocks. As rational actors, perpetrators of observer harassment, assault, and murder likely do so to manipulate observers’ monitoring role in the MCS framework to conceal illegal, unreported, and unregulated (IUU) fishing and other criminal activities. Qualitative analysis of reporting on observer harassment and suspicious disappearances over the past 15 years indicates the following institutional, situational, jurisdictional, and physical conditions appear to contribute to observer safety issues—privatization of fishery observer programs, crime convergence on fishing vessels, conflicting maritime jurisdictional considerations, and harsh conditions endemic to the remote maritime environment. While recorded suspicious observer deaths are too few to draw general conclusions, most occurrences befell observers working for tuna RFMOs in the Pacific Ocean, and a disproportionate number of deaths were observers from Kiribati and Papua New Guinea. Alternative surveillance approaches such as Remote Electronic Monitoring (REM) produce limited results without human observers. Future policies that could contribute to observer safety include applying lessons learned from international efforts to address maritime transnational organized crime and providing observers personal communications and safety equipment to directly connect with search and rescue entities if under duress.

Analysis of Fundamental Challenges in the Combat of Transnational Crimes

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.

Application of the United Nation Convention against Transnational Organized Crime: An Analysis

Application of the United Nation Convention against Transnational Organized Crime: An Analysis

Analisis Hukum Internasional Tentang State Sponsored Terrorism

Introduction: State is one of the subjects of international law that has the responsibility to protect the human rights of every individual within its sovereign territory. However, the facts show that there are countries that become sponsors or in other words the state provides support either directly or indirectly to terrorist groups to carry out their actions. This term is known as state sponsored terrorism which requires global attention considering that terrorism cases that occur often have links to the state.Purposes of the Research: 1. Review and discuss the regulation of State Sponsored Terrorism in International Law. 2. Review and discuss the implications for the enforcement of International Law.Methods of the Research: This study uses a normative juridical method with an analytical perspective using primary, secondary, and tertiary legal materials. This research technique is a literature study based on international legal regulations, scientific works and other literature related to state sponsored terrorism.Results of the Research: International law arrangements related to state sponsored terrorism still require special attention due to the large number of cases and indications of states being involved. Given that state sponsored terrorism is the root of various terrorism cases around the world. This shows that the international legal instruments that existed before the International Convention for the Suppression of the Financing Terrorism and United Nations Convention Against Transnational Organized Crime were considered unable to prevent and prohibit countries from sponsoring terrorists caused by the absence of the universal definition of terrorism. It is proven by international violations committed by sponsoring countries in order to fulfill their country's interests. State sponsored terrorism can also be considered as a problem for the protection of human rights. This can be seen when a sponsored terror act results in a violation of the right to life and the right to feel safe of every individual who is within the sovereign territory of the target country. The implication of state sponsored terrorism then causes overlapping jurisdictions between the International Court of Justice and the Security Council in enforcing international law so that the settlement of cases is still unclear.

From Slavery to Modern Slavery, Trafficking in Human Beings (Challenges and Solutions) At the Regional and International Level

Human trafficking crimes threaten societies' security and stability. They also hinder social growth and harm economic, social, and security institutions. These crimes also confront global security agencies, pushing the international community to fight them. By establishing accords and conventions to address slavery and enslavement, one of the most disgraceful global afflictions and a grave infringement on human rights, including the trafficking, sale, and exploitation of individuals, sometimes called transnational organized crime, Unfortunately, every country is vulnerable to humanitarian violations. through Crossing borders takes many forms. There is also a lack of accurate statistical data and thorough information on human trafficking, especially for women and children.
 in the light of the lack of agreement on basic assessments, data, and indications of the volume and geographic distribution of different kinds of trafficking makes tackling this problem difficult. A crime cannot be called a "phenomenon" without specifying its scope. also, the victims' ambition for quick and large financial gain drives them into trouble. Organized crime syndicates exploit this tendency, coupled with poverty, unemployment, military conflicts, and natural disasters. Family disintegration, population growth, slums, globalization, the Internet, and an environment of culture that exploits people, especially vulnerable groups, contribute to perceiving them as a commodity that can generate income. Human trafficking victims face security, economic, social, political, psychological, and health risks. Some of these effects may be lethal. The victim's broke immigration and employment rules, as well as fraud, forgery, bribery, smuggling, and rape. Thus, this crime may exceed traditional criminality by including a variety of interrelated violations that result in inhumane deeds.
 Technology serves as a catalyst for the amplification of trafficking operations, facilitating the widespread commercialization and exploitation of victims. Victims are subject to recurrent exploitation when perpetrators reproduce identical advertisements and engage in live-streaming activities across various platforms, with the intention of maximizing their reach and financial gains.
 Technology has also contributed to reducing the barriers for individuals involved in human trafficking. In the past, criminal organizations would have had to establish physical control and dominance over specific urban areas, typically relying on a large network of members. However, newcomers to the human trafficking industry can now effectively operate an online business without the necessity of a physical criminal infrastructure and with a smaller workforce. Consequently, the acquisition of technological expertise may enhance the potency of a criminal organization while also rendering it more elusive to law enforcement entities.
 So the paper will clarify the challenges of these serious crimes in all their forms (traditional and modern) and the weakness of international, rigorous cooperation in confrontation and its negative impacts on international society as a whole.

The transnational dimension of organised crime: an investigation into the operational structure of cybercrime in Nigeria

The world of Transnational Organised Crime (TOC) is a complex and multifaceted one. At present, no part of the world is immune from the corrupting influence and destabilising effects of Transnational Organised Crime. Their influence is global, and in certain circumstances, their convergence poses the greatest risk. The purpose of this article is to examine existing literature on TOC and demonstrate that the development of Information & Communication Technology (ICT) and globalisation has led to the expansion and complexity of criminal organisations that take advantage of these changes for financial gain. The study focused on how cybercrime perpetrators in Nigeria learn in practice. Collaboration is found as a pivotal element in the learning process and is commonly characterised by both informal and contractual engagement between young people who are interested in cyber criminality and others who have substantial expertise in the illicit industry. A total of 29 cybercrime perpetrators were recruited on purpose with the semi-structured interview approach to gather qualitative data. A range of themes was identified through the use of NVivo (v.12), a qualitative software, and subsequently analysed using a content qualitative analytical tool. This study employs a qualitative methodology to explore various dimensions of the social learning process,information-sharing practises, group dynamics, and network paradigm of cybercrime perpetrators in Nigeria. Results indicate that the operational framework of cybercrime in Nigeria is complex and heavily reliant on co-offending, criminal apprenticeship, and criminal mentoring. Respondents emphasised that these elements give direct support in the context of criminal activities. The paper concludes that transnational crime cannot be effectively addressed from a national standpoint; rather, a concerted international and regional effort is required to enhance the fragile capacities of states, subregions, and regional organisations

Organized Crime in the Corruption of Garuda Indonesia's Former Director (Analysis of the Jakarta District Court Decision)

This article delves into the complex world of organized crime and traces the historical roots of its development and impact on society. Focusing on corruption cases involving PT Garuda Indonesia and Rolls Royce the transnational dimensions of organized crime are examined. A criminological lens helps dissect the structural elements of organized crime to uncover networks of clients who seek to exploit legal loopholes. International legal mechanisms such as the UN Convention against Transnational Organized Crime aim to standardize responses to this widespread threat. Examining corruption within this framework highlights the global reach of organized crime and the need for collective action. Lastly as society grows the challenges of organized crime also increase. Global understanding combined with international cooperation guided by legal frameworks is essential to combat the complex and widespread nature of organized crime. This case study highlights the importance of criminology in identifying and combating the problem of organized crime in an interconnected world by underscoring the urgent need to address not only individual crimes but also their interconnectedness.

International cooperation when collecting evidence in the investigation of transnational organized crime: challenges and opportunities

The purpose of the article is to highlight the organizational aspects of international cooperation during the collection of evidence in criminal proceedings related to the investigation of transnational organized crime. The results of the study indicated that international cooperation to collect evidence in criminal proceedings related to transnational organized crime involves a variety of actors, including international organizations, intergovernmental institutions, state and local authorities, judicial and law enforcement agencies, public associations and organizations and individual citizens, the main purpose of which is to detect, investigate, and prevent the commission of criminal offenses by transnational organized criminal groups and criminal organizations, and searching ways to combat such criminal manifestations. One of the types of international cooperation in the area under consideration is the provision of international legal assistance during the collection of evidence. Practical implementation. It is established that expansion of international cooperation with foreign countries, improvement of existing international conventions and treaties, national legislation, constant exchange of experience between law enforcement agencies of foreign countries, development of a single mechanism for providing international legal assistance in criminal proceedings in various directions of its implementation are important factors of international cooperation. Value/originality. The study highlights the peculiarities of the organization of international cooperation in the investigation of transnational organized crime; directions for increasing its efficiency are suggested.

Transnational organized crime in Latin America: Current trends and prospects for military crime-fighting operations

Transnational organized crime (TOC) is among the most pressing new challenges to international security due to both its direct economic and social repercussions and the threat it poses to the very institution of the sovereign state. This problem is particularly acute in the countries of Latin America and the Caribbean (LAC), which are marked by exceedingly high rates of TOC activity and influence of cross-border criminal groups. This study identifies current trends in the development of TOC in the region, as well as the approaches of the Latin American countries to combating it. In the first section the author advances a hypothesis that TOC is not an anomaly, but an integral part and an attribute of globalization. From this point of view, cross-border criminal groups may be perceived as a specific kind of TNCs. The second section considers the key trends and specific features of organized crime development in LAC countries. The author shows that cross-border criminal groups and TNCs share a number of common traits. In particular, their activities contribute to the erosion of national sovereignty as they seek to oust states from their sphere of interests by both legal and illegal means. The third section examines the current approaches of LAC countries to combating cross-border criminal groups. The author emphasizes the growing role of the armed forces in fighting organized crime, and the increasing militarization of public security on the whole. On the one hand, this trend towards the ‘policialization’ of armed forces shows that the authorities of Latin American states recognize the threat posed by cross-border criminal groups. On the other hand, it indicates their inability to counter this threat effectively. The author concludes that the TOP problem is unsolvable within the existing system of public relations in LAC countries, since it is rooted in the very nature of the current model of globalization.

CRIMINOLOGICAL FEATURES ORGANIZED COUNTERFEITING IN THE DIGITAL AGE

Relevance. In recent years, in the field of counterfeiting, organized groups have been using the possibilities of digital technologies, which contributes to changing the structure of crime in this category, associated with erasing the criminal relationship and personal interaction of accomplices.
 In the digital age, as at any historical stage, legal means fulfill the most important task of social regulation – the protection of the monetary sphere from criminal encroachments. In the context of the development of new technologies, legal means are doubling their importance in the system of countering organized counterfeiting.
 Purpose and methods. The purpose of the study is to analyze the legal foundations of state policy in the field of countering organized counterfeiting in the digital age. To achieve this goal, dialectical and historical methods, sociological methods, and the method of expert assessments were used in the framework of the study.
 Conclusion. The study of organizational and criminological aspects of organized counterfeiting in the digital age has shown that a significant part of the acts of this category is committed in a virtual environment. Block-network transnational organized crime in the field of counterfeiting is spreading in the digital space.
 Digital systems and computer programs have become a tool and a means of making counterfeit money and counterfeit securities. In the digital world, non-cash money has become the subject of organized counterfeiting. Significant changes in the structure of organized counterfeiting dictate certain requirements for its prevention system. The paper proposes some organizational and criminological measures to counter organized digital counterfeiting.

The Artificial Intelligence as a One-Stop Point for Dealing with Online Human Trafficking Scams in Indonesia

Human Trafficking is an organized transnational crime aimed at exploiting humans. As a result of the triple disruption phenomenon, human trafficking currently manifests with a new modus operandi, namely online scamming. This modus operandi is quite concerning as it exhibits recruitment patterns, victim characteristics, and perpetrator characteristics that are significantly different from conventional human trafficking. However, the government currently lacks a precise mechanism to address online scamming human trafficking. As a transnational crime, collective efforts based on technology need to be mobilized to eradicate and address online scamming human trafficking. Therefore, through a juridical-normative research method, this study aims to elucidate the challenges faced by the government in addressing online scamming human trafficking and to initiate ideas for a comprehensive human trafficking handling mechanism from upstream to downstream through prevention, intervention, and restoration of victims.

Book Review: Flavia Staiano, Transnational Organized Crime

The reviewer recommends the book as very readable but having a serious flaw in its historial argument.

Illegal wildlife trade: the critical role of the banking sector in combating money laundering

PurposeIllegal wildlife trade (IWT) is a transnational organized crime that generates billions in criminal proceeds each year. Yet, it is not regarded by many countries as a serious crime. There is also no general consensus on its recognition as a predicate offence for money laundering. In this regard, banks are misused in different ways to facilitate financial flows linked to IWT. This paper aims to illustrate the importance of the banking sector in combating money laundering relating to IWT. It also aims to demonstrate the need for a general recognition of IWT as a predicate offence for money laundering.Design/methodology/approachThis study investigates the implementation of money laundering controls by banks in the illegal-wildlife-trade context. As background to this investigation, it provides an overview of IWT, which is followed by an exploration of some of the general characteristics of the banking sector, before discussing the relevant Financial Action Task Force (FATF) recommendations.FindingsThis study finds that the banking sector is well-placed to combat money laundering relating to the IWT and is, by virtue of its international nature and strong focus on compliance, able to be effective in preventing the use of the proceeds of IWT as well as in identifying broader trafficking networks. Moreover, the banking sector is well-equipped to develop appropriate platforms to facilitate the swift, easy and effective sharing of financial intelligence between banks at the local, regional and especially international level.Research limitations/implicationsThis study draws on publicly available information on financial flows relating to IWT. Little data and research are available on the financial flows and consequently the money laundering techniques used in cases suspected of IWT.Originality/valueThere has been little scholarly research on the relationship between money laundering and the IWT as well as the financial flows of IWT in general. This study highlights some of the money laundering techniques used in relation to IWT by drawing on the works of various international organizations, including the FATF.