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Part V Procedural and Technological Challenges for the Investigation of TOC—Policing, Technological Aspects, Efficiency, Exchange of Information, Abuse of Power, and Tactics for Conducting Investigations, 22 Policing TOC—The National Perspective: Challenges, Strategies, Tactics

Sheelagh Brady

From: International Law and Transnational Organised Crime

Edited By: Pierre Hauck, Sven Peterke

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 04 December 2020

Organized crime — Drug trafficking — Genocide — War crimes — Armed conflict

At first sight, transnational organised crime (TOC) and international criminal law (ICL) are completely separate: the four ICL core crimes constitute the most heinous crimes, committed by political and military leaders of armed conflicts, whereas TOC as lower-level deviance being committed by private individuals falls short of that. This chapter takes a closer look at this relationship and discovers the lines between these two areas to be blurred: because, as international crimes, they have already been discussed in that context (e.g. while drafting the Rome Statute), and nowadays TOC can even amount to one of the four core crimes de lege lata in individual cases. Apart from that, TOC can also evolve into international crimes de lege ferenda once universal jurisdiction can be established. The chapter concludes that although TOC typically characterizes crime that is different to the four core ICL crimes, both areas approximate greatly in different ways.

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