The Palermo Convention and the Fight against Terrorism

2021 ◽  
Vol 3 (2-3) ◽  
pp. 60-66
Author(s):  
Julie Alix
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Organized Crime ◽  
Legal Framework ◽  
Global Approach ◽  
Points Of View ◽  
The One ◽  
S Model

Abstract This paper addresses the international law enforcement models applied to organized crime and terrorism and their interconnections, arguing that the approach adopted by the Palermo Convention should serve as a model for the fight against terrorism from several points of view. More specifically, the Palermo Convention demonstrates the feasibility and relevance of a global cooperation instrument which, in the case of terrorism, is still lacking. Moreover, the Palermo Convention adopts a global approach combining a preventive and a repressive dimension, differently from the more traditional anti-terrorism conventions. A rapprochement in the legal framework for fighting organized crime and terrorism is desirable also in light of their frequent overlaps; arguably, this rapprochement should follow the UNTOC’s model rather than the one of administrative and military repression that is often applied in combating terrorism.

scholarly journals The Value of International Law in Combating Transnational Organized Crime in the Asia-Pacific

2015 ◽  
Vol 7 (1) ◽  
pp. 39-60 ◽  
Author(s):  
Tom OBOKATA
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Organized Crime ◽  
Technical Assistance ◽  
Mutual Recognition ◽  
Asia Pacific ◽  
Transnational Organized Crime ◽  
Making A Difference ◽  
United Nations Convention ◽  
International Instruments

AbstractThis paper explores the value of international law in combating transnational organized crime in the Asia-Pacific, with particular reference to the United Nations Convention against Transnational Organized Crime. It begins by highlighting the definitions of organized crime under national and international law. It then analyzes the extent to which states in the Asia-Pacific have implemented the Convention, focusing on harmonization of national criminal laws and procedures, mutual recognition of law enforcement decisions and measures, as well as provision of technical assistance. The paper also touches upon the protection of the human rights of victims and perpetrators of organized crime. The main conclusion reached is that, although the implementation of international instruments pertinent to transnational organized crime has not been an easy task in the Asia-Pacific, they are slowly but surely making a difference on the ground. Therefore, their value should not be dismissed completely.

scholarly journals The genesis of the use of service animals and special equipment in the conduct of operational investigative activities

2020 ◽  
Vol 2 (2) ◽  
pp. 202-210
Author(s):  
Sergii Penkov
Keyword(s):  
Law Enforcement ◽  
Technological Progress ◽  
Criminal Group ◽  
Legal Framework ◽  
Law Enforcement Agencies ◽  
Special Equipment ◽  
Technical Department ◽  
State Tax ◽  
Ancient Times ◽  
The One

The article deals with research of development of means of operational-search activities (OSA) from ancient times to the present. The stages of the development of OSA tools, including service animals and special equipment, their dependence on scientific and technological progress and the role in combating crime have been considered. The author has concluded that the genesis of the use of service animals suggests that: 1) for many years (from the second century BC) in the law enforcement system used different species of animals, including geese, horses, rats, dogs, etc .; 2) the process of formation of the use of dogs in law enforcement went from the use of the latter in hunting and military affairs to the gradual occupation of a separate link in the structure of law enforcement, in particular dogs began to be used on a professional basis to search for odors, data transmission , protection of objects and people, detention of offenders, etc .; 3) analysis of the practice of using animals allows us to state that the largest and oldest role in law enforcement was played by dogs. From its immergence to the present day, the means of operational and investigative activities are in a state of constant development and improvement. Scientific and technological progress has turned covert means of obtaining information into one of the most effective tools for combating crime. For example, the capabilities of the operational and technical department of the Main Department of the State Tax Service in Dnipropetrovsk region will allow to simultaneously control a significant number of telephone lines, which allows you to effectively confront a permanent organized criminal group, especially at the stage of prepa-ration for crime. The use of such powerful tools on the one hand allows to obtain a huge array of information about the phenomena and processes occurring in the criminal environment, and therefore requires a significant number of experienced professionals to process it and extract information relevant to combating crime. On the other hand, along with information on training and enforcement, law enforcement agencies inevitably receive information on the honor and dignity of citizens that is irrelevant to pre-trial investigations, posing a real threat of abuse. Thus, the requirements for the impartiality of law enforcement officers increase, and the legislator is faced with the task of significantly improving the existing legal framework regulating opera-tional and investigative activities.

Compromise or Commitment: Human Rights and International Humanitarian Law Obligations for UN Peace Forces

1998 ◽  
Vol 11 (2) ◽  
pp. 229-245
Author(s):  
Marten Zwanenburg
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The One

Allegations of human rights and humanitarian law violations by UN forces have highlighted the need for more clarity in this area. This requires a focus on human rights and humanitarian norms applicable to UN forces, and the question of responsibility for violations of those norms. To a large extent, these questions concern the relations between the UN, national contingents, and troop contributing states. What are their respective rights and obligations? In this paper it is submitted that the answer given to this question under international law differs from the one given in the specific legal framework and practice of UN forces.

scholarly journals Shaping a New Russian Ecclesiasticism: Society, Power, Law

2019 ◽  
pp. 83-93
Author(s):  
Evgeny Knysh
Keyword(s):  
Law Enforcement ◽  
Media Coverage ◽  
Legal Framework ◽  
Historical Period ◽  
Religious Institutions ◽  
Russian State ◽  
The One ◽  
Christian Practices ◽  
The Impact ◽  
The Church

On the one hand, the popularity of religious teachings and practices in Russia, as well as the high percentage of population’s self-identification as Orthodox evidence the sustainability of so-called post-secular trends; on the other hand, negative media coverage of the Orthodox church over the past years poses the question of the beginning new secular stage in relation to traditional religious institutions. The Russian state is obviously an active participant of these processes. At the same time, neither issues of pre-Revolution property of the church, nor the legal framework of various communities’ religious activity is properly regulated yet, while the authorities not only support conventional religious institutions but also impede the activity of peripheral faiths like Jehovah Witnesses and others. To conceptualize these processes, the paper briefly explores the genesis of Christian practices, taking into account their dialectic duality, and the impact of state power and society on the church. Seven provisional historical stages of Christian practices development from their origins to our times are identified; the special significance of the Christian practices’ modus aimed at implementing the essence of its teaching for the contemporary age is substantiated. However, the essence of Christian faith is embodied in a different way in every historical period. Based on the current challenges, the author identifies a relevant model of ecclesiasticism and highlights the opportunity to optimize law enforcement in relation to religious practices.

scholarly journals Compliance of domestic criminal legislation in the field of international and judicial cooperation with the EU acquis in the fight against organized crime: Security aspect

2020 ◽  
Vol 54 (4) ◽  
pp. 1575-1586
Author(s):  
Emina Radosavljević
Keyword(s):  
Organized Crime ◽  
Legal Framework ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
Legislative Framework ◽  
The Law ◽  
The Republic ◽  
The One ◽  
The Eu

The area of the European Union (EU) is characterized by general liberalization, ie. "Free flow of people, goods, services, and capital", which is why the organized crime with international elements seriously affects the security of entire regions. Given that no country, regardless of its resources, can confront the threats of the global environment on its own, the need to create a single legislative framework aimed at strengthening the internal security system of the EU and its member states have become necessary. The mentioned unified legislation leads to the centralization of the security area at the supranational level, ie. delegation of competencies of the Member States to the institutions of the Union. In the global fight against organized crime, with the entry into force of the Law on Ratification of Stabilization and Association Agreements between the European Communities and their Member States, on the one hand, and The Republic of Serbia, on the other1 Serbia has committed itself to gradually harmonizing its national legal framework with acquis communautaire, as well as to apply them consistently. Given that, in this paper will be considered the harmonization of certain provisions of the Law on Organization and Competences of State Bodies in the Suppression of Organized Crime, Terrorism and Corruption, ie. international cooperation in criminal matters systematized in Chapter 24 - Justice, Freedom, and Security.

scholarly journals PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA LINTAS NEGARA MELALUI PERJANJIAN EKSTRADISI (SUATU CATATAN MENARIK UNTUK DISKUSI)

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Stefanus Reynold Andika
Keyword(s):  
Law Enforcement ◽  
United Nations ◽  
International Law ◽  
Legal System ◽  
Organized Crime ◽  
Transnational Crime ◽  
Transnational Organized Crime ◽  
United Nations Convention ◽  
The Republic ◽  
The Government

The establishment of an extradition treaty between the Government of the Republic of Indonesia and other countries is a strategic effort in order to increase cooperation in the field of law enforcement and the implementation of justice. With the formation of the extradition treaty, the perpetrators of crimes that are being sought and fleeing the country cannot escape easily from lawsuits. Although the extradition issue is basically seen as part of international law, the discussion cannot be emphasized only in terms of international law. Many things are not further regulated in extradition agreements, especially if the problem is a domestic problem of each country. This article discusses Law Enforcement Against Transnational Criminals through Extradition Agreements. This research is normative juridical and prescriptive. The results of the study conclude that Law Enforcement Against Transnational Crime Actors under the provisions of the United Nations Convention Against Transnational Organized Crime (UNTOC) is not fully implemented in the Indonesian legal system. Based on data until the 2017 period, it can be concluded that the implementation of extradition in Indonesia based on the provisions of UNTOC is still not fully implemented.

Confronting the Shadow State

2018 ◽  
Author(s):  
Henri Decoeur
Keyword(s):  
International Law ◽  
Organized Crime ◽  
Legal Framework ◽  
The State ◽  
Criminal Courts ◽  
International Convention ◽  
Policy Objectives ◽  
Criminal Groups ◽  
High Level ◽  
Normative Justification

This book examines the rules and mechanisms of international law relevant to the suppression of state organized crime, and provides a normative justification for developing international legal mechanisms specifically designed to address this phenomenon. State organized crime refers to the use by senior state officials of the resources of the state to facilitate or participate in organized crime, in pursuit of policy objectives or personal profit. This concept covers diverse forms of government misconduct, including partnerships with organized criminal groups involved in drug trafficking, the plundering of a country’s resources by kleptocratic rulers, and high-level corruption schemes. The book identifies the distinctive criminological characteristics of state organized crime, and analyses the applicability, potential, and limits of the norms and mechanisms of international law relevant to the suppression of state organized crime. In particular, it discusses whether the involvement of state organs or agents in organized crime may amount to an internationally wrongful act giving rise to the international responsibility of the state, and highlights a number of practical and normative shortcomings of the legal framework established by relevant crime-suppression conventions. The book also sketches proposals to develop an international legal framework designed to hold perpetrators of state organized crime accountable. It presents a normative justification for criminalizing and suppressing state organized crime at the international level, proposes draft provisions for an international convention for the suppression of state organized crime, and discusses the potential role of the UN Security Council and of international criminal courts and tribunals, respectively, in holding perpetrators accountable.

scholarly journals WTO’S Trade Policy Review Mechanism (TPRM) and Indonesia’s Compliance in Agriculture Sector

2019 ◽  
Vol 1 (1) ◽  
pp. 82
Author(s):  
Dewangga Dura Dematar
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Rational Choice Theory ◽  
Choice Theory ◽  
Reporting System ◽  
Diplomatic Relations ◽  
International Institution ◽  
Agriculture Sector ◽  
Monitoring Process ◽  
The One

This article is designed to appraise TPRM as a monitoring instrument in WTO and understand how it affects Indonesia’s compliance in the agriculture sector. On paper, TPRM should be exercised as a surveillance system to boost transparency and compliance. However, the author doubts the current periodic, differentiated by economic power, and the self-serving reporting system of the TPRM. As this process is complicated and flexible, where often used as a diplomatic visit or excuses to initiate diplomatic relations between turbulent nations, the writer believes that TPRM is only the tip of the iceberg with unlimited complex problems underneath. Adapting instruments from International Law and Rational Choice Theory, the writer borrowed Guzman’s framework to determine how TPRM could affect Indonesia’s compliance in the agriculture sector. This article will give a better understanding of the monitoring process of an international institution, especially the one with no law enforcement system and  held fundamentally by mutual respect and good faith.

scholarly journals The Historical Development of International Law of the Sea

2017 ◽  
pp. 28-40
Author(s):  
Tam Xuan Song
Keyword(s):  
International Law ◽  
Correction Method ◽  
Legal Framework ◽  
Point Of View ◽  
Law Of The Sea ◽  
Basic Work ◽  
The Law ◽  
Universal Structure ◽  
The One

Modern Law of the Sea the date of the date of the beginning of the modern international law. Graeasius, a Dutch lawyer who is considered as the law of international law, is considered as a law of the sea. In this issue published in 1609, his basic work, Free Sass, or Murray Liber tom, established some important concepts in this regard. He summarized the principle of freedom of the sea, which is free from the sea and all countries should be open to use. Not to be ambitious about the third United Nations Conference Sea law was one of the most important legislative events of the twentieth century, Centuries this international law initiates a revolution a new legislative strategy for making compromises and universal decisions Participation it creates a comprehensive deal on the sea law. As a result, it is claimed that the convention of the Sea Convention is to be provided universally, this thesis initially established a legal basis for the Los Convention The universal structure for the sea law. Discuss how it shows up the convention mainly affects traditional international law so that it is possible. The sea speaks of a universal law. However, the convention status as a public the law creates problems for its future development because it cannot be fully considered from the point of view of the treaty law. Therefore, the thesis will be considered. In addition to other legislation, the procedure for change in the Convention Out process with traditional contract framework. The central role of this analysis Institutions in the modern international law organization Thesis shows the acting part Through the law of the sea through developing political and technical institutions Explanation, correction, and correction, as well as in this way Organizations have used and improved universal decision-making strategies The first UNCLOS third is seen. It will analyze the role of court judges and tribunals maintaining and developing sea legal orders. This analysis shows that the convention provides legal framework. The modern laws of the sea for all states. In this context, there are institutional mechanisms the one-sided state practice in law enactment is replaced. Moreover, the state has been shown a choice for flexibility and pragmatism on the formal correction method. The Los Convention is creating a statutory legal order for maximum achievement, Ocean to maintain this stability, continuing discussion, discussion and compromise is important through international organizations.

Sign in / Sign up

Export Citation Format

Share Document