Transnational Organized Crime Research Articles

Human Trafficking on Illegal, Unreported and Unregulated Fishing Cases as Transnational Crime on Indonesia Coastal Boundary

Indonesian strategic archipelago allows rapid migration of goods and services to its neighbor countries. Along with goods and services, the wide coastal area also facilitates migrant worker to enter and exit Indonesia through several ports. First and foremost interference on the borderless coastal boundary is Illegal, Unreported and Unregulated (IUU) Fishing. The IUU foreign fishing vessels frequently transporting illegal migrant worker obtained through human trafficking, people smuggling, forced labor, child exploitation, torture, and discrimination. This practices can then be categorized as one of the transnational organized crime at sea. This paper focuses on the studies of notorious cases of human trafficking on IUU Fishing. This journal will also observe the lack of prevention measure of transnational crime on UNCLOS and utilization of bilateral and multilateral treaties on IUU Fishing.

Strategic Competition: Russian and Chinese Influence in Latin America and the Caribbean

This second edition of the Global Security Review analyzes the changing political, cultural, and technological environments of the Twenty-First Century. Articles were provided by preeminent scholars such as Hal Brands, Ryan Berg, Margaret Myers, Vladimir Rouvinski, Betilde Muñoz-Pogossian, Diego Chaves-González, Louise Marie Hurel, Marcus Boyd and Samuel Henkin. They address issues including the ongoing strategic competition in the Western Hemisphere, China’s COVID-19 diplomacy in Latin America, Russian objectives in controlling the narrative through the media, the effect of natural disasters on migration, regional outlooks on cyber operations and norms, and the broadening scope of transnational organized crime networks.

Bending the Rules to Break the System: The Future of Interpol at a Crossroads

The scale and scope of the transnational serious and organized crime threat are growing at a concerning rate. These increasingly resilient and entrepreneurial organized crime groups directly threaten human security and the rule of law. In this strategic context, international law enforcement cooperation is more important than ever. The International Criminal Police Organization (Interpol), the preeminent multilateral cooperation mechanism in the rules-based order, is essential to the global response to this organized crime threat. Unfortunately, autocratic states increasingly seek to interact with international institutions in a manner that violates such institutions' rules and norms, as well as those of the broader global rules-based order. Because of its institutional vulnerabilities, Interpol also faces this threat. This paper explores, using case studies, how autocratic states like Turkey, Russia, and China continue to manipulate Interpol's systems to achieve outcomes that these mechanisms were not meant to achieve. Moreover, these same states are undermining the rules-based order. The paper argues that much will need to be done to future-proof Interpol and assure its continued relevance and strategic success. At the heart of this work is a requirement to dramatically increase Interpol's transparency while protecting operational security and privacy. This paper illustrates that a lack of transparency and accountability represents a distinct vulnerability. Exploiting this vulnerability is not simply about the organization and its functions but the broader functionality of multilateralism and the rules-based order. Reforming institutions like Interpol to create transparency and accountability is thus an essential step in preserving the rules-based order that generations have worked so hard to create and that benefits many.

МЕЖДУНАРОДНЫЙ ОПЫТ КООРДИНАЦИИ ДЕЙСТВИЙ ПРАВООХРАНИТЕЛЬНЫХ ОРГАНОВ

The article researched international experience in coordinating the action of law enforcement agencies in modern international law. It is stated that, enforcement agencies are those institutions that enforce the laws, including election-related laws. Enforcement аs an important integrity mechanism as it deters those who might be interested in subverting the system as well as identifies and punishes those who have broken the law. The responsibilities for enforcing laws and codes are usually divided among different agencies, depending on the nature and severity of the problem. Initial investigations may start with the oversight agency, but can be referred to an enforcement agency if it was determined that legal enforcement was required. For example, potential criminal cases uncovered during a routine audit can be referred to the justice system. If the prosecuting authorities decide to pursue the case, they could charge and prosecute the alleged perpetrator, with a court pronouncing sentence if the defendant were found guilty. Jurisdictionally, there can be an important difference between international law enforcement agencies and multinational law enforcement agencies, even though both are often referred to as «international», even in official documents Effective enforcement requires a functioning legal system and a respect for the rule of law. An important factor in maintaining integrity in enforcement is the independence of the judiciary, as justice is supposed to be administered fairly, equally and impartially. The prevention, investigation and cessation of international and many domestic crimes, as well as the prosecution of those responsible for their commission, are not it is always possible alone, without the help of other states and international organizations. Achieving this goal requires states not only to proclaim unilateral declarations of intent, participation in the signing international treaties and the activities of international institutions, but also the actual implementation of joint and agreed activities aimed at combating transnational and domestic organized crime.

Crime-Terror Nexus: Assessing East Africa’s Responses

There is growing international concern over the nexus between transnational organized crime, and terrorism – a significant, complex, and dynamic threat to global security. Considerable evidence from different regions in the world, such as South America and Sub-Saharan Africa, suggests that there has been greater collaboration between terrorist groups and transnational criminal networks in the trafficking of narcotics and arming of terrorist groups. Complex as implementing legislation and law enforcement operations are limited in capacity and dynamic as this nexus keeps changing. The burden of proof in convicting such crimes has remained challenging, with law enforcement often preferring to use penal code than anti-terrorism instruments. Thus the scale of this nexus has not been verified systematically by frontline state agencies and non-state experts. This paper assesses challenges, achievements, and solutions to address the nexus between transnational organized crime and terrorism in East Africa. In so doing, the report explores ways in which transnational organized crime and terrorism are linked. Addressing this linkage is a priority for many countries in East Africa, one of the regions most affected by terrorism and transnational organized crime in Africa.

Criminological Organized Network Models of Human Smuggling: An Analysis with Special reference to the United Nations Convention on Transnational Organized Crime and the Protocol against Smuggling of Migrants

The OUSL Journal is a peer-reviewed open access journal published by the Open University of Sri Lanka (OUSL). It is the first scholarly journal in Sri Lanka focusing on research in the field of Open and Distance Learning (ODL), and is being published since 1997. The journal provides a platform to publish research and pedagogy relating to teaching and learning at the University level, and in particular to Open and Distance Learning (ODL). It also provides a forum for research and review articles related in the areas of Agriculture, Natural Sciences, Education, Engineering, Humanities and Social Sciences and Health Sciences.

PREVENTION OF CRIMES COMMITTED IN THE DIGITAL URRENCY (CRYPTOCURRENCY) TURNOVER

In modern Russia, thanks to the development of digital technologies, the usual image of economic relations is radically changing. The list of possibilities of their application in the modern world is rapidly expanding. The construction of a digital economy system as the most optimal environment for the application of these technologies is the logical outcome of digital transformation. Against this background, virtual economic relations, electronic payment services, virtual crypto exchanges, crowdfunding are actively developing, which contributes to the development of electronic money and digital currencies. These processes have increased the number of criminal manifestations, crime has been modernized, new types of crime have appeared, as well as new objects, methods and means of committing crimes. The results of the author’s comprehensive crime study indicate an increase in crimes committed using digital currency (cryptocurrency) [1, p. 89; 2, p. 287]. In this connection, consideration of the problems of its conceptual apparatus, legal regulation, study of the issues of legalization of this digital asset, criminal activities with its use may be now necessary to ensure criminological security, since national authorities do not control digital currency (cryptocurrency); it can compete with national fiat currencies and lead to their weakening. At the same time, the development of the digital currency (cryptocurrency) market and the growth of transactions is increasing daily. Sometimes they are used for criminal purposes. However, the insufficiency of its regulation is not conducive to the prevention of crimes in which it is the means of commission and the object of criminal activity. The purpose of the article is to develop scientifically sound proposals for improving criminal legislation and preventing crimes committed both in relation to digital currency (cryptocurrency) and with their use. Methods. In the course of the study, general scientific methods of cognition are used, as well as special scientific methods (system-structural, formal-logical extrapolations, prognostic, documentary analysis, statistical, interviewing, etc.). The results of the study show a high level of acts committed both in relation to the digital currency and with its use. Such crimes are characterized by a high degree of public danger, determined by the damage caused to the individual, society and the state, as well as the commission of acts by representatives of transnational organized crime, characteristics of the object and means of committing such crimes, social consequences, and a high level of latency. The relevance and expediency of criminalization of these crimes is proved, as evidenced by crime statistics, materials of judicial practice, the nature and degree of their public danger, and the possibility of influencing them by legal means. Proposals have been prepared and presented to improve criminal legislation in the field of preventing crimes committed using digital currency (cryptocurrency).

INTERACTION OF INTERPOL UKRBUREAU UNITS WITH THE STATE MIGRATION SERVICE OF UKRAINE TO COMBAT ECONOMIC CRIMES COMMITTED BY FOREIGNERS

Joint counteraction against international crime by all law enforcement agencies of different countries brings common results in eradicating this phenomenon in the world and reducing the number of crimes in a single state. This is one of the most relevant areas of international cooperation worldwide. That is why the issue of interaction in the field of law enforcement acquires special attention and relevance. That is why special attention is paid to the content of the concept of "interaction" and "interaction of law enforcement agencies". Today there is a significant increase in economic crime, with international transnational crime paying particular attention to economic crimes committed by foreigners. A significant role in countering this phenomenon is played by specially formed international institutions (bodies), namely: international organizations; international conferences; international commissions and committees. The most famous of these include the following: United Nations (UN) Commission on Crime Prevention and Criminal Justice; UN Office on Drugs and Crime; Council of Europe (Council of Europe Committee of Experts on the Evaluation of Anti-Money Laundering Measures); European Committee on Crime Problems; International Criminal Police Organization (Interpol), etc. The central body for combating international crime is the International Criminal Police Organization – Interpol, which began its activities after the entry into force (June 13, 1956). The purposes of Interpol are: to ensure and develop the widest possible mutual assistance between all criminal police agencies within the framework of the laws in force in the various countries and in the spirit of the Universal Declaration of Human Rights; creation and development of institutions capable of successfully contributing to the prevention and suppression of criminal offenses (Art. 2 of the Interpol Charter). The structure of the internal organs of Interpol consists of: General Assembly; Executive Committee; General Secretariat; National Central Bureaus; Counselors; File Control Commission. INTERPOL maintains relations with many international organizations on issues related to its sphere of activity. Interpol maintains a National Central Bureau of Interpol in each of its member countries, through which international police cooperation is regulated. The National Central Bureau is an authorized police authority or entity with the status of an Interpol representative in its country. The main purpose of national central bureaus is to involve the police authorities of the country in the international fight against crime, to establish and maintain contacts with other national central bureaus and the General Secretariat of Interpol by ensuring a continuous, rapid and high-quality exchange of information. In Ukraine, such a unit is the National Central Bureau of Interpol, which operates within the structure of the National Police of Ukraine and organizes international cooperation of all law enforcement agencies of our state within the framework of the Organization. As part of combating crime, the National Central Bureau of Interpol cooperates with the State Migration Service of Ukraine, organizes cooperation, as well as initiates and coordinates operational and investigative activities aimed specifically at preventing and solving crimes, identifying and deporting from Ukraine persons – citizens of foreign countries involved in criminal activity, in particular members of transnational organized crime networks, persons who have committed sexual crimes against children, and the like. A special area of interaction is the fight against economic crimes committed by foreigners that disrupt the economic systems of various states. The State Migration Service of Ukraine sends requests about economic crimes committed by foreigners to the Interpol National Central Bureau.

INTERNATIONAL LEGAL MECHANISM FOR MONITORING COMPLIANCE WITH AGREEMENTS ON COOPERATION BETWEEN STATES IN THE FIGHT AGAINST ILLICIT TRAFFICKING IN NARCOTIC DRUGS

The author raises the problem of international cooperation between states in the field of illegal circulation of narcotic drugs and psychotropic substances. References are given to the main, signed in different years, conventions concerning this problem. The general principles of combating crime developed by the United Nations are considered. The historical experience of combating crime is analyzed. It is noted that the UN congresses on the prevention of crime and the treatment of offenders play a special role in preventing and combating transnational organized crime. Analyzed the main international normative legal acts in this area. The mechanisms of adoption and the forms of practical application of these conventions are disclosed, as well as an analysis of the situation in the world with regard to drug trafficking, options for resolving the problem by strengthening the international system of control over drug trafficking are proposed. The article also highlights the current state of international legal cooperation between states in countering the illicit trafficking of narcotic drugs and psychotropic substances. The characteristic features of the approach to overcoming the current situation in the field of drug use, the use of various methods of countering this negative phenomenon in the process of suppressing illegal actions are analyzed. The necessity of joint use of methods of combating the global problem of all mankind has been identified and substantiated.

Challenges of Anti-Corruption and Its Impact on the Society

Corruption needs to be prevented and tackled not only because of its foul but also economically causes financial losses to the state and is a violation of the rights of the social and economic community. This paper is based on the growing need to eradicate corruption in society. The forms and causes of corruption, how to combat it, and what are the challenges to eradicating corruption are issues that are on the increase on national, regional, and international agendas. Transparency International Nepal, The United Nations Convention against Corruption, Commission for the Investigation of Abuse of Authority (CIAA), Nepal, the United Nations Convention against Transnational Organized Crime, U4 – Chr. Michelsen Institute (CMI), the United Nations Declaration against Corruption and Bribery in International Commercial Transactions, and the International Code of Conduct for Public Officials are living testimonies. These calls to eradicate corruption present puzzles that scholarly investigations need to take the lead role and center stage in unraveling. This scenario reveals and demands both theoretical and practical discourse, understanding the concept of e-Government, its necessities, and challenges to implementing it.

Liability of legal entities as a prerequisite for the implementation of the Medicrime Convention

It is examined in the article the provisions of current criminal law in terms of compliance with international legal obligations, which Ukraine has been taken while ratified the Convention on the counterfeiting of medical products and similar crimes involving threats to public health (the Medicrime Convention) in terms of liability of legal entities for the creation and circulation of counterfeit medical products. It was proved that in fact there is no such responsibility, and, therefore, the obligation is not fulfilled. A number of explanatory notes were also analyzed, which determined the range of criminal offenses for the commission of which measures of a criminal nature may be applied to a legal entity. It is established that no obstacles or arguments for non-inclusion in paragraph 1 of part 1 of Art. 96-3 of the Criminal Code of Ukraine there are no pharmaceutical crimes.
 An analysis of the leading international experience in the implementation of liability of legal entities for these acts, in particular, Spain, Germany and Switzerland. In addition, judgments of foreign states, which proves that pharmaceutical crimes are crimes that can be committed by transnational organized crime. Therefore, the obligation to expand the range of crimes under Part 1 of Art. 96-3 of the Criminal Code of Ukraine follows from the UN Convention against Transnational Organized Crime.
 It was emphasized that in order to effectively counter the spread of counterfeit medical products, it is necessary to expand the powers of the State Medical Service to control the quality of medical products without prior notice of inspection of business entities (Law of Ukraine" On Basic Principles of State Supervision (Control)" 2007 № 877).
 It is necessary to bring the national legislation in line with Art. 11 of the Medicrime Convention to escape from all drawbacks due to expansion range of crimes that could help to make responsible the legal entities in criminal law. For this purpose, it is mandatory to add paragraph 1 Part 1 of Art. 96-3 by reference to Articles 305 and 321-1 of the Criminal Code of Ukraine.

Has the firearms protocol helped reduced armed violence?

This paper focuses on the long-term objective of the Firearms Protocol supplementing the United Nations Convention against Transnational Organized Crime to reduce certain kinds of armed violence associated with the misuse of firearms. More than 15 years after the Protocol has come into force, the authors ask how its possible impacts on armed violence might be assessed; indicate key challenges for such an enterprise, and suggest directions for future work in this area, towards the establishment of a measurement tool which could help inform the recently established Review Mechanism of the Protocol.

Transnational crime: features and basic models

The study found that the features of modern transnational organized crime are: rapid adaptation to realities, instant response to changes and transformations in life and economy, the ability to improve and adjust the methods and tools used in activities; coordination; rationality; thoughtfulness and systematic actions; systematization; the desire to minimize potential risks and get the most profit and maximum profits. Such models of transnational organized crime as: corporate, trade unions, partnerships, ethnic, network are considered. Modern transnational criminal groups, regardless of model, have been shown to be “well-concealed, well-off criminal communities with a well-defined internal structure, distribution of spheres of influence and functions, and extensive interregional or international ties. It is emphasized that now transnational crime is turning into cybercrime. This is made possible by the fact that it is easier to hide criminal activity on the Internet, anonymity is ensured, and it is possible to act uncontrollably, which, in turn, guarantees security for criminal activity

ХОРИЖИЙ ДАВЛАТЛАР ҚОНУНЧИЛИГИДА АЙРИМ ТРАНСМИЛЛИЙ ЖИНОЯТЛАР УЧУН ЖАВОБГАРЛИК ХУСУСИЯТЛАРИ

In this scientific article, paid special attention to the study of the trend of criminal law protection of peace and human security as an object of crime throughout the world, the expression of an opinion on the conduct of scientific analysis to improve the mechanisms of reliable protection of the rights and legitimate interests of members of the international community in achieving economic and social stability. In particular, discussed importance of studying new directions and prospects for improving national legislation on human trafficking, terrorism, drug trafficking and other similar cross-border crimes based on international law. In addition, in the article are given conclusions to a number of agreements on cooperation in the fight and prevention of transnational organized crime and other types of crime, including an analysis of some norms of foreign countries based on national legislation, aimed at obtaining concrete experience in combating global threats to human rights, public order and security. Moreover, the article argues that it is important to study some aspects of responsibility for transnational crimes in the law of foreign states.

International Cooperation under the United Nations Convention against Transnational Organized Crime

Abstract This article examines the international cooperation provisions under the United Nations Convention against Transnational Organized Crime and their practical application in reported cases. It explores the circumstances in which States Parties have used or attempted to use the Convention as a legal basis for extradition, mutual legal assistance, transfer of sentenced persons, transfer of criminal proceedings, joint investigations, or other forms of international cooperation. The article seeks to provide a better understanding of the opportunities offered by the international cooperation provisions, and the challenges and obstacles faced by States Parties requesting cooperation or being requested to provide cooperation under the Convention.

GLOBALIZACIJA ORGANIZOVANOG KRIMINALA I TRANSFORMACIJA U MOĆNU EKONOMSKU I ORUŽANU SILU

In the globalized world that we live in, which is characterized by the intensification of transnational flows of goods, people and capital, and the development of new technologies, parallel to the liberalization of the market, the strengthening of organized crime is taking place. Because of its ability to parasitize on political and financial institutions and in turn spread its branches and illicit business beyond national borders, but also because of the relation to terrorism and the financing of armed conflicts in modern asymmetric conflicts, organized crime has been transformed into a mighty economic power, with the attributes of an armed power as well and the potentials to indeed become that. Starting from the position of relevant international authorities that globalization is fertile ground for the development of organized crime to unprecedented proportions, the aim of this paper is to look for an answer to the question of whether transnational organized crime can be considered one of the most powerful economic and armed powers , and if yes, to what extent, all by analysing the indicators of its power in the context of globalization and the factors affecting its strengthening.

The Proliferation of Small Arms and Light Weapons in Nigeria: Corruption a Major Challenge

The proliferation of small arms and light weapons (SALW) is gradually and perilously becoming a transnational organized crime. In Nigeria, this peril assumed its delicate stage with incessant killings by Boko Haram insurgents, herdsmen-farmers clashes, kidnappings, communal and religious crisis, and armed robbery. The drift of this threat is the availability of weapons that are trafficked through Nigeria’s porous borders. Regulating the proliferation of small arms and light weapons has been challenged by several factors such as border porosity, inadequate personnel, lack of equipment, lack of data, weak enforcement, stockpile management, local arms manufacturers. Corruption takes center stage and is the focus of this paper. Corruption directly or indirectly is related to other challenges. The paper recommends that corruption must be addressed if all legal and institutional measures for border security and curtailing the spread of weapons in Nigeria are to achieve their objectives.

International legal regulation of transnational cybercrime in cyberspace

The article considers the international legal regulation of combating cybercrime, which is considered as a transnational phenomenon. In the group of transnational crimes, along with drug trafficking, terrorist acts, money laundering, illegal import of migrants, human trafficking, firearms trafficking, counterfeiting, etc., cybercrimes play an important role in terms of public harm, unprecedented and rapid growth. The mechanisms and directions of the fight against cybercrime developed by international criminal law are studied, among which the international legal regulation is of fundamental importance, and difficulties in defining the concepts of "cybercrime" and "computer crimes" are noted. The classification of types of cybercrimes is given and their most characteristic features are revealed.
 The author analyzes the international normative documents that form the legal basis for regulating relations in the field of international cybercrime, among which the most prominent are conventions, including the UN Convention against Transnational Organized Crime of November 15, 2000, the Council of Europe Convention on Cybercrime of November 23, 2001 and Additional Protocol to it of January 28, 2003. The obligations of states to criminalize cybercrime in national legislation are analyzed, the types of illegal actions related to cybercrime are considered, in particular the main four groups of crimes classified in the 2001 Cybercrime Convention by Gender object and on specific grounds of the object of encroachment: 1) crimes against confidentiality, integrity and availability of computer data and systems; 2) offenses related to the use of computer tools; 3) offenses related to the content of data; 4) offenses related to infringement of copyright and compatible rights, as well as additional types of liability and sanctions (attempt, complicity). The Protocol to the 2003 Cybercrime Convention expands this range of crimes and contains obligations to criminalize the following acts: distribution of racist and xenophobic material through computer systems. The limitation of the 2001 Convention on Cybercrime, adopted by the Council of Europe, and the need to adopt a universal instrument that would significantly increase the fight against cybercrime are noted.

Cybercrime as an Essential Element in Transnational Counterfeiting Schemes

Transnational counterfeiting conspiracy cases often link the developing and the developed world in illicit ways. In many of these cases, a forged copy of name-brand merchandise is produced cheaply, and transported and shipped to a destination market where it is sold to consumers at a high mark-up, producing multiple harms. An overlooked element of these counterfeiting schemes is the essential role that cybercrime plays in their operation. Several transnational organized crime and cybercrime prosecutions are examined here to assess the role of counterfeiting in these criminal operations. The three conspiracies involve electronics, pills, and perfume—all illustrating the centrality of cybercrime in their commission. The implications for investigation, policy and practice are noted.

Strategy for Implementing Operations to Handle the Crime of Narcotics

Narcotics abuse is closely related to illicit trafficking as part of trans national organized crime. People become dependent so that the supply continues to increase. The relationship between dealers and victims is solidly bonded. It is difficult for victims to escape from dealer/s, even though victims are not frequently involved. This solid relationship between dealer/s and victim/s put the police in difficulty overcoming the crime. However, the West Jakarta Metro Police successfully manages to tackle that challenge. This research takes place in the West Jakarta Police Station. This article aims to explain the strategy for handling the 120 kg narcotics crimes by the West Jakarta Metro Police. The results of this study indicate that the attainment of the West Jakarta Metro Police depends on four things: (1) the pungent substance of the law on narcotics; (2) adequate law enforcement; (3) strategic programs in improving the competence of components of investigators; and (4) the existence of institution facilities and structures that support the case handling process.