MAIN CHALLENGES TO COMBAT TRANSNATIONAL AND ORGANISED CRIME

APA full citation: Filho, C. I. (2024, July 30). Main Challenges to Combat Transnational and Organized Crime. EBS I&D Centre. https://www.ebscentre.org/law-and-politicalscience/

Abstract: Transnational and organised crime presents a multifaceted threat to global security, governance, and economic stability. This article explores the primary challenges in combating these crimes from a law and political science perspective. It identifies key obstacles such as jurisdictional complexities, legal and regulatory disparities, technological advancements, and the proliferation of cybercrime. Financial crimes and money laundering, corruption and governance issues, resource constraints, and capacity building are also discussed as significant hurdles. The article emphasizes the importance of international cooperation, robust legal frameworks, and the balance between security imperatives and human rights protections. By examining these challenges, the article underscores the need for a concerted and coordinated global effort to effectively address the pervasive threat of transnational and organized crime.

Keywords: Transnational Organized Crime, global security, drug cartel, money laundering, human traffic, international cooperation, cybercrime

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Introduction

Transnational and organised crime represents one of the most complex and pervasive threats to global security, governance, and economic stability. These crimes, which transcend national borders, encompass a range of illicit activities such as drug trafficking, human trafficking, arms smuggling, money laundering, and cybercrime. Addressing these challenges requires a multifaceted approach involving international cooperation, robust legal frameworks, and innovative enforcement strategies. This article delves into the primary challenges faced in combating transnational and organised crime from a law and political science perspective.

Jurisdictional Complexities and Sovereignty Issues

One of the foremost challenges in combating transnational crime is the issue of jurisdiction. Criminal activities often span multiple countries, each with its legal system, law enforcement agencies, and procedures. This fragmentation makes it difficult to coordinate actions and gather evidence across borders. Sovereignty concerns further complicate matters, as countries may be reluctant to cede authority or cooperate fully with international investigations, fearing infringement on their national sovereignty.

Considering that, a narrowed political science perspective, claims sovereignty as a core principle in international relations, and states are often hesitant to allow external interference in their domestic affairs. The principle of non-intervention and respect for state sovereignty can hinder effective international cooperation against organized crime. Additionally, differing political agendas and diplomatic tensions between countries can further obstruct collaborative efforts.

Legal and Regulatory Disparities

As a second common ground challenge, we can cite the variety of legal definitions among the States, as well as the penalties and enforcement mechanisms for organised crimes. What constitutes a serious crime in one country may be treated less severely in another, leading to inconsistencies in prosecution and punishment. These disparities can be exploited by criminals who operate in jurisdictions with weaker laws or enforcement capabilities.

Law Perspective: Harmonising legal frameworks is a significant challenge. International treaties and conventions, such as the United Nations Convention against Transnational Organised Crime (UNTOC), aim to standardise laws and promote cooperation. However, the implementation and enforcement of these treaties vary widely. The process of aligning national laws with international standards can be slow and politically contentious.

Technological Advancements and Cybercrime

The rapid advancement of technology has transformed the landscape of organized crime. Cybercrime, including hacking, identity theft, and online fraud, poses significant challenges to law enforcement agencies. Criminals exploit technological tools to anonymise their activities, launder money through cryptocurrencies, and communicate using encrypted platforms, making detection and prosecution more difficult.

Most of political science theorists reported that the global nature of the internet requires a coordinated international response. However, the political will to cooperate on cybersecurity can be undermined by national interests and mistrust among states. Additionally, differing regulatory approaches to internet governance and data privacy can impede joint efforts to combat cybercrime.

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Financial Crimes and Money Laundering

Transnational organized crime groups rely on sophisticated financial networks to launder the proceeds of their illicit activities. These networks often span multiple countries and involve complex layers of transactions designed to obscure the origin of funds. The use of offshore financial centers and shell companies further complicates efforts to trace and seize criminal assets.

As a true law perspective, anti-money laundering (AML) regulations and financial monitoring mechanisms, such as those advocated by the Financial Action Task Force (FATF), are crucial tools in combating financial crimes. However, the effectiveness of these measures depends on the commitment and capacity of individual countries to implement and enforce them. Weak regulatory environments and corruption can undermine global AML efforts.

Corruption and Governance Issues

Corruption within law enforcement agencies, judicial systems, and political institutions is a major impediment to combating organized crime. Criminal networks often bribe officials to gain protection, influence investigations, and avoid prosecution. This corruption not only undermines the rule of law but also erodes public trust in government institutions.

We can underline in a narrowed political science view that addressing corruption requires strong political will and institutional reforms. However, vested interests and entrenched power structures can resist changes that threaten their influence. International pressure and assistance can help, but sustainable anti-corruption efforts must be domestically driven and supported by a robust civil society.

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Resource Constraints and Capacity Building

Effective enforcement against organised crime requires significant resources, including trained personnel, advanced technology, and financial investment. Many countries, particularly developing nations, lack the necessary resources and expertise to combat sophisticated criminal networks. Capacity building and international assistance are crucial to enhancing their enforcement capabilities.

Law Perspective: International organisations and donor countries play a vital role in providing technical assistance, training, and funding to build the capacity of law enforcement and judicial institutions in affected countries. Programs aimed at strengthening legal frameworks, improving investigative techniques, and fostering regional cooperation are essential components of these efforts.

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Human Rights Concerns

Lastly, major efforts to combat organised crime must balance security imperatives with the protection of human rights. Heavy-handed law enforcement tactics, such as mass surveillance, arbitrary arrests, and extrajudicial killings, can lead to human rights abuses and undermine the legitimacy of anti-crime initiatives. Ensuring accountability and adherence to the rule of law is crucial.

The tension between security and human rights is a persistent dilemma in political science. Strategies to combat organised crime must be designed to uphold democratic principles and respect for human rights. Engaging civil society and ensuring transparency in enforcement actions are key to maintaining public support and legitimacy.

Outcome

Combating transnational and organized crime is an inherently complex and multifaceted challenge that requires a holistic approach. Addressing jurisdictional complexities, harmonizing legal frameworks, leveraging technological advancements, combating financial crimes, tackling corruption, building enforcement capacity, and protecting human rights are all critical components of an effective strategy. Success in this endeavor depends on sustained international cooperation, robust legal and political institutions, and a commitment to upholding the rule of law and human rights. Only through a concerted and coordinated effort can the global community hope to mitigate the pervasive threat posed by transnational and organised crime.

Carlos I Filho

References

1. United Nations Office on Drugs and Crime (UNODC). (2004). United Nations Convention against Transnational Organized Crime and the Protocols Thereto. Retrieved from [https://www.unodc.org/unodc/en/organized-crime/intro/UNTOC.html].

2. Financial Action Task Force (FATF). (2019). International Standards on Combating Money Laundering and the Financing of Terrorism & Proliferation. Retrieved from [https://www.fatf-gafi.org/recommendations.html].

3. Madsen, F. G. (2009). Transnational Organized Crime. London: Routledge.

4. Interpol. (2018). Interpol's Role in Combating Transnational Crime. Retrieved from [https://www.interpol.int/en/Crimes/Organized-crime].

5. Shelley, L. (2010). Human Trafficking: A Global Perspective. Cambridge: Cambridge University Press.

6. Clunan, A. L., & Trinkunas, H. A. (2010). Ungoverned Spaces: Alternatives to State Authority in an Era of Softened Sovereignty. Stanford: Stanford University Press.

7. United Nations Development Programme (UNDP). (2011). Fighting Corruption in Post-Conflict and Recovery Situations: Learning from the Past. Retrieved from [https://www.undp.org/content/undp/en/home/librarypage/crisis-prevention-and-recovery/fighting-corruption-in-post-conflict-recovery-situations.html].

8. United Nations Office on Drugs and Crime (UNODC). (2020). Global Report on Trafficking in Persons 2020. Retrieved from [https://www.unodc.org/unodc/en/data-and-analysis/glotip.html].

9. Cybersecurity and Infrastructure Security Agency (CISA). (2021). Understanding and Combating Cybercrime. Retrieved from [https://www.cisa.gov/publication/combating-cybercrime].

10. Transparency International. (2019). Global Corruption Report 2019. Retrieved from [https://www.transparency.org/en/publications/global-corruption-report-2019].

11. Girling, E. (2004). Crime and Social Change in Middle England: Questions of Order in an English Town. London: Routledge.

12. Council of Europe. (2005). Organized Crime Situation Report 2005. Retrieved from [https://www.coe.int/en/web/octopus/2005].

13. United Nations Office of the High Commissioner for Human Rights (OHCHR). (2014). Human Rights and the Fight Against Terrorism. Retrieved from [https://www.ohchr.org/en/issues/terrorism/pages/humanrights.aspx].

14. Naim, M. (2005). Illicit: How Smugglers, Traffickers and Copycats are Hijacking the Global Economy. New York: Doubleday.

15. European Union Agency for Law Enforcement Cooperation (Europol). (2017). European Union Serious and Organised Crime Threat Assessment (SOCTA) 2017. Retrieved from [https://www.europol.europa.eu/activities-services/main-reports/european-union-serious-and-organised-crime-threat-assessment-socta-2017].