Transnational Crime

Introduction

Transnational Crime - Research Guide International Law

The concept of ‘transnational crime’, from a criminological perspective, originates from the mid-1970s when the United Nations used the term in order to identify certain criminal activities which transcend national jurisdictions. In 1995, the United Nations identified eighteen categories of transnational – and mostly organized – criminality. Transnational crime was then defined as ‘offences whose inception, prevention and/or direct or indirect effects involved more than one country.’ (UN Doc. A.CONF. 169/15/Add.1 (1995)). The crimes listed included, among others, money laundering, terrorist activities, theft of art and cultural objects, theft of intellectual property, illicit arms trafficking, aircraft hijacking, sea piracy, insurance fraud, computer crime, environmental crime, trafficking in persons, trade in human body parts, illicit drug trafficking, fraudulent bankruptcy, infiltration of legal business, corruption and bribery of public or party officials. Transnational crime has spread exponentially with the development of globalization and it is only relatively recent that some progress has been made by states and international organizations in developing measures to combat this type of criminality.

Recent publications on Transnational Crime:

Kleemans, Edward R. “Organized Crime Research,” in Ella Cockbain and Johannes Knutsson (eds.), Applied Police Research: Challenges and Opportunities (October 2014), pp. 57-67.
Abstract: This Chapter focuses on the ways in which academic and applied research can be combined to challenge assumptions and inform policy. It is based on experiences with the Dutch Organized Crime Monitor, an ongoing research project based upon the analysis of extensive closed police investigations. …

Phillips, Matthew D., and Emily A. Kamen. “Entering the Black Hole: The Taliban, Terrorism, and Organised Crime.” Journal of Terrorism Research, 5 (2014), No 3. Free download
Abstract: Cooperation and imitation among crime and terror groups in recent years has given rise to a crime-terror nexus. A linear conceptualisation of a crime-terror spectrum, suggests that complete convergence of crime and terror in a failed state can give rise to a ‘black hole.’ Theoretical models of the crime-terror nexus …

Hansen, Wibke, “The Organized Crime–Peace Operations Nexus.” (September 2014). [PDF]
Abstract: Since the al-Qaeda attacks against the US on September 11, 2001, and along with the debate about transnational security threats emanating from fragile states, transnational organized crime has entered the international security policy agenda. Various national and international security policy documents …

Bravo, Karen E., “Interrogating the State’s Roles in Human Trafficking” (August 2014). Indiana International and Comparative Law Review, 2014. Free download
Abstract: This Essay identifies some examples of and interrogates the state’s role in human trafficking. The state is not a blameless onlooker with respect to trafficking in human beings; nor is it a whole heartedly committed crusader against this profitable illicit trade. Instead, states create the preconditions for and …

This Guide is intended as a starting point for research in the field on Transnational Crime. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library’s classification index code, i.e., 250a and subject heading (keyword) Transnational Crime is instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

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Bibliography

Reference works

Books

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Documents

Periodicals, serial publications

Bibliographies

New titles

Updated every Friday morning.

The Peace Palace Library has a collection of over a million publications. Each week, about six hundred new titles are added to our collection: books, articles, documents, online publications, etc. On this page, access is provided to this week’s new titles on Transnational crime.


1. The new pirates
The new pirates : modern global piracy from Somalia to the South China Sea / Andrew Palmer ; foreword by Major General Julian Thompson. - London : New York : I.B. Tauris, 2014. - XII, 377 pages. : illustrations. ; 24 cm Bibliography: page 357-368. - Notes: page 319-355. - Includes index. - 2014
Keywords: Somalia, China Sea, Piracy, Transnational crime, Maritime navigation, Maritime security,

2. Corruption, asset recovery, and the protection of property in public international law
Corruption, asset recovery, and the protection of property in public international law : the human rights of bad guys / Radha Ivory. - Cambridge : Cambridge University Press, 2014. - XIII, 391 pages. ; 24 cm Bibliography: page 302-348. - With notes and index. - 2014
Keywords: Corruption, Transnational crime, Assets, Seizure, Reparation for damage, Property, Human rights,

3. Somali Piracy and International Crime
Somali Piracy and International Crime / Peter Lehr. - New York : Bloomsbury Academic. - Page 116-137 In: Globalizing Somalia / edited by Emma Leonard and Gilbert Ramsay, ISBN 9781780935690: (2013), Page 116-137. - 2013
Keywords: Somalia, Piracy, Maritime security,

4. Japan's Aspiration as a Global Security Actor: the Antipiracy Mission off Somalia and the Dynamics of Great Power Intervention
Japan's Aspiration as a Global Security Actor: the Antipiracy Mission off Somalia and the Dynamics of Great Power Intervention / Yee-Kuang Heng. - New York : Bloomsbury Academic. - Page 186-204 In: Globalizing Somalia / edited by Emma Leonard and Gilbert Ramsay, ISBN 9781780935690: (2013), Page 186-204. - 2013
Keywords: Japan, Somalia, Piracy, Maritime security, International relations,

5. Lutte contre la traite des êtres humains
Lutte contre la traite des êtres humains : l'approche financière en question / Lisa Dumoulin In: Revue de science criminelle et de droit pénal comparé = ISSN 0035-1733: (2014), issue 2, page 311-337. - 2014
Keywords: Human trafficking, Transnational crime, Finances, Seizure, Money laundering,

6. Human Trafficking: identifying forced labor in multinational corporations and the implications of liability
Human Trafficking: identifying forced labor in multinational corporations and the implications of liability / Tara M. Parente In: Revista de Direito Internacional = ISSN 2237-1036: vol. 11, issue 1, page 147-162. - 2014
Keywords: Multinational enterprises, Forced labour, Human trafficking, Extraterritorial jurisdiction, Alien Tort Claims Act,

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  • Cornell, S., and M. Jonsson (eds.), Conflict, Crime, and the State in Postcommunist Eurasia, Philadelphia, PA, University of Pennsylvania Press, 2014.

    Cornell, S., and M. Jonsson (eds.), Conflict, Crime, and the State in Postcommunist Eurasia, Philadelphia, PA, University of Pennsylvania Press, 2014

    In the years after the collapse of the Soviet Union and its zone of influence, few insurgent groups had the resources necessary to confront regular armies. At the same time, state-sponsored financial support for insurgencies dramatically decreased. The pressing need to raise funds for war and the weakness of law enforcement in conflict zones create fertile conditions for organized crime; indeed, there is a mounting body of evidence correlating armed conflict and illicit economy, though the nature of this link and its impact on regional politics has not been well understood. Conflict, Crime, and the State in Postcommunist Eurasia explores the relationship between ideologically motivated insurgents, profit-motivated crime, and state institutions in eight conflict zones. Through detailed case studies, the contributors demonstrate how the operations and incentives of insurgents may emerge and shift over time: for some armed groups, crime can become an end in itself beyond a financial means, but not all armed groups equally adapt to illicit commerce. They also show how the criminalization of state institutions is a lingering concerns even after armed conflicts end. Conflict, Crime, and the State in Postcommunist Eurasia places the case studies along a continuum of political and criminal behavior, examining the factors that motivate insurgents to seek out criminal alliance, how this connection affects the dynamics of conflict, and what risks remain during postconflict transition.

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  • Battersby, P., The Unlawful Society: Global Crime and Security in a Complex World, Basingstoke, Palgrave Macmillan, 2014.

    Battersby, P., The Unlawful Society: Global Crime and Security in a Complex World, Basingstoke, Palgrave Macmillan, 2014.

    Crime today is synonymous with security but our preoccupation with exposing the hidden mechanisms of the global underworld engenders an incomplete understanding of a vexed and complex field of inquiry, policy and practice. International and global relations are being refashioned and re-coded in ways that demand a fresh and expansive interpretation that acknowledges the scope and complexity of networked human interactions. Using the innovative concept of unlawfulness, this book examines the crimes and misdemeanours of the global overworld to form a unique analysis of global order in the twenty-first century. Battersby argues that unlawfulness – the intentional transgression of criminal law – is an active but under-researched principle in international affairs, and maps out the scope of tolerated unlawfulness among and within states and non-state actors including private companies and not-for-profit ‘civil society’ organizations. Exploring the dynamics of law-making in a world where the pace of technological change is outstripping our capacity to capture new forms of international and transnational crime, this book will be a valuable resource to scholars of International Politics, Global Governance, International Law, Security, Criminal Justice and Policing.

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  • Reichel, P., and J.S. Albanese (eds.), Handbook of Transnational Crime and Justice (2nd ed.), Thousand Oaks, CA, Sage Publications, 2014.

    Reichel, P., and J.S. Albanese (eds.), Handbook of Transnational Crime and Justice, Thousand Oaks, CA, Sage Publications, 2014.

    Transnational crime and justice will characterize the 21st century in same way that traditional street crimes dominated the 20th century. In the Handbook of Transnational Crime and Justice, Philip Reichel and Jay Albanese bring together top scholars from around the world to offer perspectives on the laws, crimes, and criminal justice responses to transnational crime. This concise, reader-friendly Handbook is organized logically around four major themes: the problem of transnational crime; analysis of specific transnational crimes; approaches to its control; and regional geographical analyses. Each comprehensive chapter is designed to be explored as a stand-alone topic, making this Handbook an important textbook and reference tool for readers and practitioners alike.

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  • Durrieu, R., Rethinking Money Laundering and Financing of Terrorism in International Law: Towards a New Global Order, Leiden, Nijhoff, 2013.

    Durrieu, R., Rethinking Money Laundering and Financing of Terrorism in International Law: Towards a New Global Order, Leiden, Nijhoff, 2013.

    In this book the author provides a broad and original analysis of the phenomenon of money laundering, through a thorough examination of the financing of terrorism. The necessity of excluding the financing of terrorism from the legal definition of money laundering is clearly illustrated through extensive, original and comparative research. Part I studies the main extra-legal and legal aspects of money laundering by analyzing the meaning, causes and effects of this phenomenon and their link with the financing of terrorism, with special attention to the interconnection between the so-called preventive/regulatory AML-CFT system and the punitive approach. Part II provides a global-comparative analysis to determine whether or not the adoption of money laundering offences is consistent with sound principles of criminal law and criminal procedure. Finally, Part III examines the jurisdictional problems with respect to extra-territorial and large-scale money laundering cases.

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  • Jakobi, A.P., Common Goods and Evils?: The Formation of Global Crime Governance, Oxford, Oxford University Press, 2013.

    Jakobi, A.P., Common Goods and Evils?: The Formation of Global Crime Governance, Oxford, Oxford University Press, 2013.

    Global crime governance has emerged as an important component of world politics. It is manifested in national and international agendas, the proliferation of global regulations, growing international budgets, and the enlarged mandates of international organizations. As a result, the definition and prosecution of crime is now increasingly homogenous, but it also shows variance: some crime policies are institutionalized coherently or attached to strong international organizations, while others are weak or dispersed across different forums. Based on sociological institutionalism, this book examines questions of structural variance in the institutional design of global governance. It shows that the interplay of strong actors and rationalization principles lead to more coherent forms of global crime governance, while normative arguments related to crime are more likely to result in fragmented forms. In consequence – and contrary to many scholars’ assumptions – global crime governance is strongest in those areas that are least attached to moral statements. The book develops a theory of society and applies this framework to explaining the sources and consequences of institutional design. Drawing on qualitative and quantitative methods, the text analyzes the origins of global regulations, how they are disseminated, and why differences exist. The role of the United States in creating global rules and disseminating them is emphasized.

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  • De Sanctis, F.M., Money Laundering through Art: A Criminal Justice Perspective, Cham, Springer, 2013.

    De Sanctis, F.M., Money Laundering through Art: A Criminal Justice Perspective, Cham, Springer, 2013.

    The art world has been discovered by criminals as an effective way for money laundering and other clandestine activities on an international level. Unfortunately, in most countries investigators, prosecutors, judges, and regulatory agencies are not equipped to accurately detect, investigate and prosecute this type of criminal activity. Also, regulation and international laws and treaties involving the art world have many loopholes that can potentially lead to the laundering of large sums of money. This book provides a bird’s eye view of novel ways in which money laundering happens through illegal activities involving art. It can serve as a guide for law enforcement, prosecutors, judges, and others involved in efforts to curb money laundering and financing of terrorism, revealing why somehow new techniques used by criminals have been neglected by law enforcement in most countries. Drawing from his own experience with the matter in both Brazil and in the United States, the author makes a case for broader institutional and regulatory improvement, extending beyond mere regulation of the art market.

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  • Boister, N., An Introduction to Transnational Criminal Law, Oxford University Press, 2012.

    Boister, N., An Introduction to Transnational Criminal Law, Oxford University Press, 2012.

    The suppression of cross-border criminal activity has become a major global concern. An Introduction to Transnational Criminal Law examines how states, acting together, are responding to these forms of criminality through a combination of international treaty obligations and national criminal laws. Multilateral ‘suppression conventions’ oblige states parties to criminalise a broad range of activities including drug trafficking, terrorism, transnational organised crime, corruption, and money laundering, and to provide for different types of international procedural cooperation like extradition and mutual legal assistance in regard to these offences. Usually regarded as a sub-set of international criminal justice, this system of law is beginning to receive greater attention as a subject in its own right as the scale of the criminal threat and the complexity of synergyzing the criminal laws of different states is more fully understood. The book is divided into three parts. Part A asks and attempts to answer what is transnational crime and what is transnational criminal law? Part B explores a selection of substantive transnational crimes from piracy through to cybercrime. Part C examines the main procedural mechanisms involved in establishing jurisdiction and then the exercise of jurisdiction through the effective investigation and prosecution of transnational crimes. Finally, Part D looks at the implementation of transnational criminal law and the prospects for transnational criminal justice.

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  • Allum, F. and S. Gilmour (eds.), Routledge Handbook of Transnational Organized Crime, London, Routledge, 2012.

    Allum, F. and S. Gilmour (eds.), Routledge Handbook of Transnational Organized Crime, London, Routledge, 2012.

    Transnational organized crime crosses borders, challenges States, exploits individuals, pursues profit, wrecks economies, destroys civil society, and ultimately weakens global democracy. It is a phenomenon that is all too often misunderstood and misrepresented. This handbook attempts to redress the balance, by providing a fresh and interdisciplinary overview of the problems which transnational organized crime represents. The innovative aspect of this handbook is not only its interdisciplinary nature but also the dialogue between international academics and practitioners that it presents. The handbook seeks to provide the definitive overview of transnational organized crime, including contributions from leading international scholars as well as emerging researchers. The work starts by examining the origins, concepts, contagion and evolution of transnational organized crime and then moves on to discuss the impact, governance and reactions of governments and their agencies, before looking to the future of transnational organized crime, and how the State will seek to respond. Providing a cutting edge survey of the discipline, this work will be essential reading for all those with an interest in this dangerous phenomenon.

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Database

Blogs

  • Honduras: A New Cocaine Trafficking Hub

    Last week Honduras adopted a law allowing the government to shoot down planes suspected of trafficking illegal drugs through the country. International drug trafficking is probably the most well known transnational organized crime. How bad is the current situation in Honduras; is it a new cocaine trafficking hub?

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  • Protecting Children from Cybercrime: Online Child Grooming

    In the Netherlands a massive case of internet child abuse has been reveiled this week. A 48 year old man has been arrested and is suspected of online child grooming and sexually abusing hundreds of girls. At least 11 girls stated they have had a meeting with the man and were sexually abused by him. The Dutch police has found 26.000 videos and 144.000 photographs during a raid on his house. The man has been active for eight years. What is online child grooming and what is the International and European policy on combating this form of cyber crime and internet abuse?

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  • Pirates, Buccaneers and Privateers : Concepts of International Law

    Establishing an authoritative definition of “piracy” in international law has always been rather problematic. The definition is relevant, because any confusion in terminology invariably leads to debates between State sovereignty and universal jurisdiction over crimes at sea. The various international law meanings of piracy are derived from, among others, international treaties, and various municipal law meanings are defined by statutes and State practice.

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  • Victor Bout, arms dealer, extradited to USA

    Victor Bout, an interpreter and a former Russian military airforce officer suspected of arms trafficking, has been extradited to the United States of America by Thailand. Bout, also called the ‘merchant of death’, is alleged of supplying illegal weapons to various groups and regimes, such as the Taliban, the Sierra leonean Revolutionary United Front, Charles Taylor and al-Qaida.

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  • Call for an UN Piracy Tribunal

    Five Somalis are currently on trial in the Netherlands after they failed to hijack a freighter sailing under the Dutch Antilles flag in January. The pirates have expressed their satisfaction with their prison cells, and at least one of them has said he wants to stay in the Netherlands after he is [...]

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  • Remembrance Slave Trade and its Abolition

    Saturday 23 August marks the UN nineth annual International Day for the Remembrance of the Slave Trade and its Abolition.

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  • Piracy

    The history of piracy goes back in the library collection till 1816. Still the oceans are unsafe, especially the Somali coast is crowded with modern pirates with guns and grenades. As in the old days kidnapping and piracy are lucrative businesses, if a ransom is paid.

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