Transnational organised crime Flashcards
Transnational Organized Crime Competing Definitions
International Official Definition: “Any criminal activity conducted in more than one state, planned in one state but perpetrated in another, or committed in one state with spill-over effects into neighboring jurisdictions” (UN, 2000).
Alternative Definition: “The continuation of business by other means.”
The Rise of Transnational Organized Crime
Economic and political liberalization since the 1960s has allowed transnational crime organizations to permeate the global financial system.
Democratization since the 1980s and 1990s, especially in Central and Eastern Europe, has expanded economic activities and markets conducive to criminal activities.
Technological developments in communication and transportation have made it easier to buy and sell illegal goods and services.
Typology of Organized Criminal Structures
Centralized structures.
Networked structures resembling joint ventures.
Ad-hoc structures formed for specific operations.
Big Three? Other trade?
Drugs, People, Small Arms
Other Illicit Trade: Alcohol, Cigarettes, Diamonds, and Antiques
Money laundering is a crucial aspect for making illegal gains legitimate
Definition of Sovereignty
Domestic sovereignty: Actual control over a state exercised by an authority organized within the state.
Interdependence sovereignty: Actual control of movement across state borders, assuming borders exist.
International legal sovereignty: Formal recognition by other sovereign states.
Westphalian sovereignty: Lack of other authority over the state other than domestic authority.
Weakening State Domestic Sovereignty
Impacts on criminal justice, social welfare, business regulation, border control, and electoral politics.
Recruits among the poorest for criminal acts.
Corruption in business regulation.
Manipulating International Sovereignty
Extradition agreements limit crime organizations.
Host (destination) states, transshipment states, and service states play specific roles in manipulating international sovereignty.
Tax havens and financial institutions may offer protection.
Taking Over the State
Captured states and the concept of affinity by state and crime organizations, as discussed by Charles Tilly.
State-making compared to successful organized crime, involving promises of protection and levying of taxes.
Conclusion
Defining Transnational Organized Crime:
Multiple definitions exist, but it can broadly be understood as “the continuation of business by other means.”
Growth Factors:
The growth of transnational organized crime is related to the globalized liberalization of trade.
Diverse Trafficking:
Beyond drugs, people, and small arms, trafficking involves diverse commodities such as alcohol, cigarettes, diamonds, and antiques.
Impact on Sovereignty:
Transnational organized crime can weaken domestic sovereignty, take advantage of international sovereignty, and sometimes even take over state sovereignty.
Factors in the Growth of Transnational Organized Crime
Technology:
Advances in technology facilitate communication, coordination, and illegal activities.
Economic Boom:
Economic prosperity creates opportunities for illicit financial gains.
End of the Cold War:
Political changes and shifting alliances create new environments for organized crime.
Growth of International Trade:
Increased international trade provides avenues for smuggling and trafficking.
Pernicious Consequences of Organized Crime
On Civil Society and Human Rights:
Erosion of civil society and violations of human rights.
On Freedom of the Press and Individual Expression:
Suppression of freedom of the press and individual expression.
On Creation of a Vibrant Civil Society:
Hindrance to the development of a vibrant civil society.
On Labor Unions:
Negative impact on labor unions.
On Prostitution:
Facilitation and expansion of illegal prostitution.
On Illegal Smuggling of Individuals:
Involvement in and profit from the illegal smuggling of individuals.
Effects on World Order
Detrimental to states in transition to
democracy
Undermines the rule of law and legitimacy of governments
Undermines political stability
Increases corruption
Problematic relation to terror
organizations
Takes over states: Italy, Colombia
Effects On the World Economy
Undermines financial and trade markets
Savings of citizens are in danger
Effects on society
Violence, prostitution, drug addiction
Affects quality of life of citizens
Creates environmental damage
Combatting transnational organized
crime
- Transnational nature of activities requires
international cooperation - Transnational nature of activities weakens
resistance through corruption - UN and other structures are in place to
fight international organized crime: Vienna
Drug Convention; Financial Action Task
Force; Basel Committee
