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

Pierre Hauck, Sven Peterke

From: The Oxford Handbook of the International Law of Global Security

Edited By: Robin Geiß, Nils Melzer

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 20 May 2024

Subject(s):
Terrorism — International co-operation

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.

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