Part II Predominant Security Challenges and International Law, National and Transnational Security, Ch.12 Transnational Organized Crime

Author(s):  
Hauck Pierre ◽  
Peterke Sven

This chapter focuses on transnational organized crime (TOC), pointing out some of the impacts attributed to this cross-border delinquency and its ties and linkages with other legal and illegal activities and actors. With the growing recognition that combating TOC requires more effective international cooperation, an impressive international legal regime has been constructed around this subject matter. A good part of this framework consists of so-called ‘suppression conventions’ that oblige State Parties to criminalize certain ‘evils’, to enforce relevant domestic laws, and to cooperate with each other in the persecution of these illegal activities. An often-downplayed problem is that these instruments are ‘rooted in the crime control policies of powerful Western states’, supposedly serving as models for other governments. They therefore tend to impose duties that are rather difficult to comply with for States with fragile institutions, often incapable of effectively delivering essential goods, such as safety and security. Against this background, it is increasingly acknowledged amongst both scholars and practitioners that tackling TOC requires the use of a broader and far more differentiated approach which addresses not only the multiplicity of non-State actors who have links to organized criminal groups (such as rebels and terrorists), but also the promotion of good governance, transparency, and professional ethics. The sound implementation of this approach must be seen as pivotal for achieving both global justice and security.

2020 ◽  
pp. 18-20
Author(s):  
Vasiliy Aleksandrovich Dadalko ◽  
Victoria Aleksandrovna Pobedushkina

The article is devoted to possible ways of counteracting transnational organized crime in Russia. A number of proposals have been developed to change and toughen the measures to combat transnational crime in Russia. The current situation of transnational criminal groups in the world is analyzed, and the threat they pose is demonstrated. The importance of strengthening international cooperation for effective work in this direction is noted. The current mechanism of counteraction in foreign countries is considered. The materials of the article can be used as teaching materials for courses related to economic security.


2021 ◽  
Vol 2 (20) ◽  
pp. 15
Author(s):  
О. V. Tkachova

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


Author(s):  
Vanda Felbab-Brown

The focus on organized crime, illicit economies, and the multiple threats they pose to states and societies intensified after 9/11, when it became obvious that belligerent groups, such as the Taliban in Afghanistan and Pakistan and the Islamic State (IS) in Iraq and Syria, derived extensive financial profits and other benefits from participating in illicit economies. The conventional view of the crime–terrorism nexus holds that in order to defeat insurgents, it is necessary to take away their money by suppressing the illegal economy, such as by eliminating drug smuggling or eradicating poppy fields. Yet policy interventions to combat organized crime and illicit economies—whether linked to violent conflict or in the absence of one—have rarely been highly effective. Eradication alienates rural populations from the government and thrusts them into the hands of the insurgents. Conversely, partnering with quasi-criminal actors has often turned out to be counterproductive with respect to other objectives, such as mitigating violent conflict, fostering good governance, and promoting human rights, and at times even counterproductive with respect to very direct objectives, such as weakening criminal groups and their linkages to terrorist organizations. Thus, as much as external actors may condemn tacitly or explicitly permitting illicit economies, such practices are often crucial for winning hearts and minds and ending conflict or for giving belligerent groups a stake in peace. Development-based policies aimed at reducing illicit drug production are crucial for avoiding such negative side-effects while maximizing the chance for peace and social justice.


2021 ◽  
Vol 12 (4) ◽  
pp. 112
Author(s):  
Ina Rama

The paper aims to describe in general terms some features of the Albanian organized crime, considering its evolution over the years, either in terms of the way its groups are organized or in terms of the type and field of its activity.  Regarding he content of the paper, by the term of the “Albanian organized crime” should be considered, the organizations of Albanian speaking groups, which cross the borders of the Albanian state and extend to other Albanian territories. They apparently, show similar characteristics and forms concerning their organization as that among the Albanians citizens. The first part of the paper describes the features of the Albanian organized crime based on the characteristics related to the nature and culture of the country or typologies that have accompanied the behavior of Albanians towards illegal activities and that have distinguished them from other groups within the same category. The paper emphases the idea of ​​the important impact that has had the historical context in which the country has passed through, on the typology of this type of crime as well as, the influence of political and economic factors in the foundation and development of these criminal groups. The paper provides a description of the impact and importance of Albanian organized crime in the frame work of the organized crime that exists in Italy and in other countries of the region as well as, the impact that these groups have in relation to each other. In particular, the paper has addressed the typology and developments that have followed the Albanian organized crime over the years, in terms of criminal activity in the field of drug trafficking, providing data on the type of drugs that are cultivated and marketed in the country and also the role that this type of criminality has played in frame work of balkan route. The characteristics of organized crime in the area of arms trafficking are also addressed in a special way, reflecting some of its known features and specifics that comes as a result from consulting the open source data. The characteristics of organized crime are also summarized regarding the criminal activity carried out in the area of trafficking in human beings, especially those whose, as origin country is Albania. The paper closes with a citation of criminal activities which, although not yet dominant in the field of Albanian organized crime activity, have begun to be more and more present, becoming an important issue in the focus of foreign law enforcement agencies.   Received: 2 May 2021 / Accepted: 15 June 2021 / Published: 8 July 2021


2019 ◽  
Vol 31 (1) ◽  
pp. 75
Author(s):  
Cindy Vira Yunita

AbstractIllegal transhipment practice is a serious problem because it is included in the theft mode of fish, which is by transferring the cargo of fish that occurs in the middle of the high seas from one ship to foreign ships without reporting the catch. It categorized as one form of the criteria for Transnational Organized Crime/TOC, includes crimes committed in one country, but involves organized criminal groups from more than one country. This paper will construct how the dispute resolution process must be carried out if it consists of UN procedures, UNCLOS 1982 by "International Tribunals for the Law of the Sea (ITLOS)" and the Association of Southeast Asian Nations (ASEAN) Regional. The type of research used is normative juridical.  IntisariPraktik illegal transhipment merupakan suatu permasalahan yang serius karena termasuk dalam modus pencurian ikan, yaitu melalui pemindahan muatan ikan yang terjadi di tengah laut lepas dari satu kapal ke kapal asing tanpa melaporkan hasil tangkapannya tersebut. Dikategorikan sebagai salah satu bentuk kriteria Transnational Organized Crime/TOC, meliputi kejahatan yang dilakukan di satu negara, akan tetapi melibatkan kelompok kriminal terorganisasi yang berasal lebih dari satu negara. Tulisan ini akan mengonstruksikan bagaimana proses penyelesaian sengketa yang harus dilakukan bilamana terdiri atas prosedur PBB, UNCLOS 1982 oleh “International Tribunal for the Law of the Sea (ITLOS)”, dan Regional Association of Southeast Asian Nations (ASEAN). Jenis penelitian yang digunakan ialah yuridis normatif. 


2021 ◽  
Vol 1 (19) ◽  
pp. 5
Author(s):  
Olena Tkachova

The article analyzes the current situation in the world from the standpoint of the spread of such a negative phenomenon as transnational organized crime. It has been proven that by reducing the time of entry into another country, and in EU countries also by eliminating the need for customs control, it is easier for criminals not only to quickly and unhindered to get, so to speak, to another part of the hemisphere, but also to move, hide or hide goods, weapons, etc. In addition, a powerful impetus to criminal activity was given by globalization, the development of modern technologies, in particular, methods, techniques, programs used in modern banking, facilitated the implementation of international criminal agreements, and the electronics revolution gave criminals, including criminal organizations, access to new means and methods of obtaining funds.It is substantiated that transnational organized crime is one of the highest levels of criminal evolution, a qualitatively new form of crime organization, their antisocial, illegal activities go beyond the territory and jurisdiction of one state, and the subjects are sustainable criminal organizations, whose activities and spheres of influence applies not to one but to several countries, neighboring states, regions, etc. They operate in different regions of the world, have a certain specialization, use various methods, techniques (blackmail, intimidation, corruption schemes), and are united by a common goal - to obtain a very high (maximum) profit while ensuring minimal risk.


2019 ◽  
Vol 18 (5) ◽  
Author(s):  
Ricco Koslowski

The study introduces the current situation in connection with organized criminal groups in Europe. By differentiation of their specific characteristics, the activity of terrorist and organized crime groups in Europe are presented. The author provides some insight into the activity of the currently working organized crime groups through the assessment of the activity of transnational organized crime groups. In the forecast of future evolution of organized crime, the author emphasizes the importance of regular cooperation at national and international, as well as inside and outside of the competent organizations.


Author(s):  
Martin Jelsma ◽  
David Bewley-Taylor

This chapter discusses the relatively little-known convention framework focusing on the traditionally connected issues of drugs and crime and the differing consequences of treaty flexibility within each domain. It begins with an overview of the evolution and expansion in scope of the international drug control regime and its structural focus on narcotic drugs, psychotropic substances, and illicit traffic in both. A range of growing tensions are discussed as views of the issue area among member states diverge and systemic dissonance across the UN becomes more obvious, particularly in relation to human rights. The chapter then moves on to examine the development of the transnational organized crime and corruption regime and assessment of the conventions upon which it is based. It concludes by looking to the future with a discussion of some of the available options to address tensions within the drug control regime, including what lessons might be learned from the governance structures of their sister crime control conventions.


Author(s):  
Bruce Bagley

This article analyses the evolution of illegal drug economy in the Americas over the past two decades. It identifies eight key trends that have characterized illicit drug trafficking and organized crime as of mid-2011. They are: (1) The increasing globalization of drug consumption; (2) The limited victories and unintended consequences of the U. S. -led ‘War on Drugs’; (3) The proliferation of cultivation areas and of drug smuggling routes; (4) The dispersion and fragmentation of organized criminal groups; (5) The failure of political reform and state-building efforts; (6) The inadequacies U. S. domestic drug and crime control policies; (7) The ineffectiveness of regional and international drug control policies; (8) The growing support for legalization debate.


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