TRANSNATIONAL CRIMINAL TRANSNATIONAL CRIMINAL LAWLAW

“There is no fortress so strong that money “There is no fortress so strong that money cannot take it”cannot take it”

Mian Ali HaiderMian Ali HaiderL.L.B., L.L.M (L.L.B., L.L.M (Cum LaudeCum Laude) U.K.) U.K.

THE CONCEPT OF THE CONCEPT OF TRANSNATIONAL CRIMESTRANSNATIONAL CRIMES

Transnational crime is not a modern phenomenon. Transnational crime is not a modern phenomenon. Transnational crimes have been perpetrated for as long as Transnational crimes have been perpetrated for as long as

borders have separated neighboring countries. borders have separated neighboring countries. What is new about transnational crime? What is new about transnational crime?

During the last several decades, is the scope and During the last several decades, is the scope and magnitude of activity and the increasing impact that it is having magnitude of activity and the increasing impact that it is having on the world.on the world.

Three related factors have impacted transnational crimeThree related factors have impacted transnational crime

Globalization of the economy, Globalization of the economy, rises in the numbers and the heterogeneity of immigrants, rises in the numbers and the heterogeneity of immigrants, Improved communications technologyImproved communications technology

There is widespread agreement that transnational crime exists, There is widespread agreement that transnational crime exists, there is less agreement on a common definition. there is less agreement on a common definition.

There are ongoing discussions on defining transnational crime, There are ongoing discussions on defining transnational crime, and the implications of an exact definition on research, and the implications of an exact definition on research, enforcement, and public policy. enforcement, and public policy.

No single, universally agreed upon definition has emerged. No single, universally agreed upon definition has emerged. Scholars have not identified a paradigmatic transnational Scholars have not identified a paradigmatic transnational crime organization because they are so complex and diverse in crime organization because they are so complex and diverse in their licit and illicit activities. their licit and illicit activities.

The sheer number of transnational organized groups, coupled The sheer number of transnational organized groups, coupled with their diverse languages and cultures, and their loosely with their diverse languages and cultures, and their loosely structured, structured,   flexible, and highly adaptable organizations makes flexible, and highly adaptable organizations makes them extremely difficult to often define and understand.them extremely difficult to often define and understand.

DEFINITION BY U.N.DEFINITION BY U.N.(1995)(1995) Despite these difficulties several general traits can be identified that are Despite these difficulties several general traits can be identified that are

common among most “transnational” crimes. common among most “transnational” crimes. The working definition of transnational crime that will be used for the purposes The working definition of transnational crime that will be used for the purposes

of this Lecture is taken from the United Nations, and it defines transnational of this Lecture is taken from the United Nations, and it defines transnational crime ascrime as

““offenses whose inception, prevention and/or direct effect or indirect offenses whose inception, prevention and/or direct effect or indirect effects involved more than one country”. effects involved more than one country”.

To further qualify this definition, three different broad categories are included To further qualify this definition, three different broad categories are included in our working definition of transnational crime, including: in our working definition of transnational crime, including:

1.1. sole offender transnational crime that involves a single perpetrator engaging in sole offender transnational crime that involves a single perpetrator engaging in criminal activities that cross national boundaries; criminal activities that cross national boundaries;

2.2. transnational organized crime that involves sophisticated criminal transnational organized crime that involves sophisticated criminal organizations; organizations;

3.3. Transnational crime that involves well-organized criminal operations that cross Transnational crime that involves well-organized criminal operations that cross national boundaries but are not affiliated with a major criminal organization national boundaries but are not affiliated with a major criminal organization

Aut Dedere Aut JudicareAut Dedere Aut Judicare The principle of The principle of aut dedere aut judicareaut dedere aut judicare ( (Latin for " for "extradite or or prosecute") ")

refers to the refers to the legal obligation of of states under under public international law to prosecute to prosecute persons who commit serious persons who commit serious international crimes

Where no other state has requested extradition. This obligation arises regardless Where no other state has requested extradition. This obligation arises regardless of the of the extraterritorial nature of the crime and regardless of the fact that the nature of the crime and regardless of the fact that the perpetrator and victim may be of alien nationality.perpetrator and victim may be of alien nationality.

The rationale for this principle is to ensure that there are no jurisdictional gaps in The rationale for this principle is to ensure that there are no jurisdictional gaps in the prosecution of internationally committed crimes. the prosecution of internationally committed crimes.

It is, however, unusual for States to be required to exercise this jurisdiction It is, however, unusual for States to be required to exercise this jurisdiction because often another State party will have an interest in the matter and will because often another State party will have an interest in the matter and will apply for extradition. In this situation that State will have priority.apply for extradition. In this situation that State will have priority.

Some contemporary scholars hold the opinion that Some contemporary scholars hold the opinion that aut dedere aut judicareaut dedere aut judicare is not is not an obligation under customary international law but rather “an obligation under customary international law but rather “a specific a specific conventional clause relating to specific crimesconventional clause relating to specific crimes” and, accordingly, an obligation ” and, accordingly, an obligation that only exists when a state has voluntarily assumed the obligation.that only exists when a state has voluntarily assumed the obligation.

EXTRADITIONEXTRADITION The modern word extradition is perhaps derived from the practice which The modern word extradition is perhaps derived from the practice which

was called “extra-tradition” because it was against the traditional was called “extra-tradition” because it was against the traditional hospitality offered to an alien by a state who had allegedly committed an hospitality offered to an alien by a state who had allegedly committed an offence and sought refuge or asylum to save himself from prosecution or offence and sought refuge or asylum to save himself from prosecution or punishment.punishment.

The term extradition has its origin in the Latin word “extradere” which The term extradition has its origin in the Latin word “extradere” which means forceful return of a person to his sovereign.means forceful return of a person to his sovereign.

RECIPROCITYRECIPROCITY Reciprocity is one of the legal basis for extradition in the absence of a Reciprocity is one of the legal basis for extradition in the absence of a

treaty which is a part of international principles of friendly cooperation treaty which is a part of international principles of friendly cooperation amongst nations. amongst nations.

Reciprocity, as a substantive requirement of extradition (whether based on Reciprocity, as a substantive requirement of extradition (whether based on a treaty or not) arises with respect to various specific aspects of the processa treaty or not) arises with respect to various specific aspects of the process

DOUBLE CRIMINALITYDOUBLE CRIMINALITY

Double criminality refers to the characterization of the relator’s criminal Double criminality refers to the characterization of the relator’s criminal conduct in so far as it constitutes an offence under the laws of the two conduct in so far as it constitutes an offence under the laws of the two respective states.respective states.

The general rule is that the offence in respect of which extradition is The general rule is that the offence in respect of which extradition is requested must be an extraditable offence not only under the law of the requested must be an extraditable offence not only under the law of the requesting state but also under the law of the requested state.requesting state but also under the law of the requested state.

No state is under any legal obligation to deliver up a fugitive offender to a No state is under any legal obligation to deliver up a fugitive offender to a foreign state on its demand if the person so demanded is charged with an foreign state on its demand if the person so demanded is charged with an offence, which is a crime under the law of the demanding state only but not offence, which is a crime under the law of the demanding state only but not punishable under the legal system of the state of refuge. The principle of punishable under the legal system of the state of refuge. The principle of double criminality can also be termed as the identity rule. double criminality can also be termed as the identity rule.

The role of double criminality gives rise to sometimes difficult promises The role of double criminality gives rise to sometimes difficult promises mainly for the reason, firstly, because of variation of laws and institutions mainly for the reason, firstly, because of variation of laws and institutions in the two countries and secondly because the act charged does not amount in the two countries and secondly because the act charged does not amount to a corresponding crime.to a corresponding crime.

THE DOCTRINE OF THE DOCTRINE OF SPECIALITYSPECIALITY

The doctrine of specialty embodies the theory in international law The doctrine of specialty embodies the theory in international law that compels the requesting state to prosecute the extradited that compels the requesting state to prosecute the extradited individual upon only those offences for which the requested country individual upon only those offences for which the requested country granted extradition. granted extradition.

This doctrine is premised on the assumption that whenever a state This doctrine is premised on the assumption that whenever a state uses its formal processes to surrender a person to another state for a uses its formal processes to surrender a person to another state for a specific charge, the requesting state shall carry out its intended specific charge, the requesting state shall carry out its intended purpose of prosecuting or punishing the offender only for the purpose of prosecuting or punishing the offender only for the offence for which the requested state conceded extradition. offence for which the requested state conceded extradition.

The doctrine of specialty developed to protect the requested country The doctrine of specialty developed to protect the requested country from abuse of its discretionary act of extradition.from abuse of its discretionary act of extradition.

Law Dealing with the Law Dealing with the PrinciplePrinciple

A wide array of international instruments now contain A wide array of international instruments now contain provisions for provisions for aut dedere aut judicareaut dedere aut judicare. .

1949 Geneva Conventions, UN Convention for the 1949 Geneva Conventions, UN Convention for the Suppression of Terrorist Bombings, the UN Convention Suppression of Terrorist Bombings, the UN Convention Against Corruption, the Convention for the Suppression of the Against Corruption, the Convention for the Suppression of the Unlawful Seizure of Aircraft, the Convention Against Torture Unlawful Seizure of Aircraft, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention for the Protection of Cultural Punishment, the Convention for the Protection of Cultural Property in the Event of an Armed Conflict, and the Property in the Event of an Armed Conflict, and the International Convention for the Suppression and Punishment International Convention for the Suppression and Punishment of the Crime of Apartheid.of the Crime of Apartheid.

Trans-national MafiasTrans-national Mafias ‘‘Export’ of illegal activities through immigrant links Export’ of illegal activities through immigrant links

(e.g. Sicilian mafia in the US)(e.g. Sicilian mafia in the US) Activities expanding to cross-border illegal trade, Activities expanding to cross-border illegal trade,

use of open frontiersuse of open frontiers Case Study: Case Study: Russian Organised CrimeRussian Organised Crime Rampant growth since 1991 – economic liberalism Rampant growth since 1991 – economic liberalism

has created a new class of ‘entrepreneurs’ has created a new class of ‘entrepreneurs’ – racketeering, racketeering, – corruption, corruption, – intimidation of businesses and public officials, intimidation of businesses and public officials, – money laundering and extra-judicial killings/assassinations.money laundering and extra-judicial killings/assassinations.

Seen throughout Central and Eastern Europe as well Seen throughout Central and Eastern Europe as well as US (Brighton Beach)as US (Brighton Beach)

Involved in prostitution and people trafficking rings Involved in prostitution and people trafficking rings in Western Europe (along with Eastern European in Western Europe (along with Eastern European gangs) gangs)

(Ambiguous) Typology(Ambiguous) Typology

Types of criminal activitiesTypes of criminal activities – Labour Labour

racketeering/extortionracketeering/extortion– people traffickingpeople trafficking– Drug traffickingDrug trafficking– goods trafficking/conflict goods trafficking/conflict

goodsgoods– Price-fixingPrice-fixing– Illegal gamblingIllegal gambling– Prostitution Prostitution – Extortion ringsExtortion rings– Private terrorismPrivate terrorism

Types of OrganisationsTypes of Organisations– Sicilian Mafia, Russian Sicilian Mafia, Russian

Mafia, Chinese Triads…Mafia, Chinese Triads…– Drug CartelsDrug Cartels– Conflict Goods NetworksConflict Goods Networks– Mercenaries/private Mercenaries/private

security firms (?)security firms (?) E.g. ‘Executive outcomes’E.g. ‘Executive outcomes’

– Illegal migration Illegal migration networksnetworks Linked to people Linked to people

traffickingtrafficking

These may overlap!These may overlap!

OPERATING TECHNIQUES OF OPERATING TECHNIQUES OF TRANSNATIONAL CRIMESTRANSNATIONAL CRIMES

Although international criminals and terrorists have different Although international criminals and terrorists have different motives, both types of transnational criminals use similar motives, both types of transnational criminals use similar methods to execute their crimes. methods to execute their crimes.

Violence is a central tool of their criminal arsenal, providing Violence is a central tool of their criminal arsenal, providing internal control and a highly visible external weapon. internal control and a highly visible external weapon.

Both groups use many less visible techniques Both groups use many less visible techniques Internet, satellite phones, and cell phones – finding them Internet, satellite phones, and cell phones – finding them

essential to maintaining their organizations and committing their essential to maintaining their organizations and committing their crimes. crimes.

Money laundering and corruption – collusion remain important Money laundering and corruption – collusion remain important tools for transnational criminals, a more striking confluence is tools for transnational criminals, a more striking confluence is found in the ways that both engage in organized criminal found in the ways that both engage in organized criminal activities to further their ends.activities to further their ends.

Illegal Drug TraffickingIllegal Drug Trafficking Drug trafficking is now the largest source of profits for both international Drug trafficking is now the largest source of profits for both international

organized crime groups and terroristsorganized crime groups and terrorists IMF estimates that trade in narcotics is now 2 percent of the global economy, IMF estimates that trade in narcotics is now 2 percent of the global economy,

while the UN estimates it is 7 percent of international trade.while the UN estimates it is 7 percent of international trade. narcotics production is often cited as a factor for the rise of the Taliban and Al narcotics production is often cited as a factor for the rise of the Taliban and Al

Qaeda in Afghanistan and the Islamic Movement of Uzbekistan throughout the Qaeda in Afghanistan and the Islamic Movement of Uzbekistan throughout the Central Asian Republics. Central Asian Republics.

In many parts of the world, drug sales are used to help support terrorist activities.In many parts of the world, drug sales are used to help support terrorist activities. This nexus of drug crime and terrorism occurs in Colombia (the FARC), This nexus of drug crime and terrorism occurs in Colombia (the FARC),

Afghanistan (Taliban), and Sri Lanka (the Tamil Tigers). The nexus between Afghanistan (Taliban), and Sri Lanka (the Tamil Tigers). The nexus between terrorism and narcotics is not limited to the developing world. E.g., the Aum terrorism and narcotics is not limited to the developing world. E.g., the Aum Shinrikyo cult responsible for the sarin gas attack on the Tokyo subway in 1995 Shinrikyo cult responsible for the sarin gas attack on the Tokyo subway in 1995 was also one of the most significant producers and distributors of was also one of the most significant producers and distributors of methamphetamines in Japan, rivaling the well-entrenched Yakuza organized methamphetamines in Japan, rivaling the well-entrenched Yakuza organized crime syndicates at the time. Many of these groups are involved in more aspects crime syndicates at the time. Many of these groups are involved in more aspects of the drug trade than just cultivation, helping transport and even distribute drugs.of the drug trade than just cultivation, helping transport and even distribute drugs.

The linkages between terrorism and narcotics has been described The linkages between terrorism and narcotics has been described as narcoterrorism, as narcoterrorism,

which policymakers and scholars alike have studied since the which policymakers and scholars alike have studied since the coining of the term in the mid-1980scoining of the term in the mid-1980s

Much of this research dates back to the activities of the Sendero Much of this research dates back to the activities of the Sendero Luminoso in Peru, a terrorist organization that operated in Luminoso in Peru, a terrorist organization that operated in conjunction with coca producers in the high valleys of rural Peru. conjunction with coca producers in the high valleys of rural Peru.

The term is also associated with the problems combating the The term is also associated with the problems combating the Medellin and Cali cartels in Colombia, and is most often applied Medellin and Cali cartels in Colombia, and is most often applied in a contemporary sense to the numerous Colombian guerrilla in a contemporary sense to the numerous Colombian guerrilla factions.factions.

Reflecting this trend, the US security community in the late Reflecting this trend, the US security community in the late 1990s began to focus on “transnational threats,” a term that 1990s began to focus on “transnational threats,” a term that combined narcotics trafficking, arms proliferation, organized combined narcotics trafficking, arms proliferation, organized crime, terrorism, and cyberwarfare crime, terrorism, and cyberwarfare

Drugs and Latin America: major producerDrugs and Latin America: major producer

– Cocaine (Bolivia, Columbia, Peru)Cocaine (Bolivia, Columbia, Peru)

– Heroin (Mexico)Heroin (Mexico)

– Marijuana (Mexico, Jamaica)Marijuana (Mexico, Jamaica) Key economic sector – but ‘shadow economy’Key economic sector – but ‘shadow economy’ Trans-border networks are key to operations (focus is US Trans-border networks are key to operations (focus is US

market)market) American ‘War on Drugs’ – this type of OC has been defined American ‘War on Drugs’ – this type of OC has been defined

as a as a security threatsecurity threat with security responses with security responses

– Invasion of PanamaInvasion of Panama

– Plan ColumbiaPlan Columbia

– ‘‘Shiprider’ AgreementShiprider’ Agreement

UNODC technical assistance in strengthening the rule of law UNODC technical assistance in strengthening the rule of law and criminal justice reformand criminal justice reform

Governance, Human Security and the Rule of Law Section/ Governance, Human Security and the Rule of Law Section/ Division of OperationsDivision of Operations

Organized Crime and Criminal Justice Section/ Division of Organized Crime and Criminal Justice Section/ Division of Treaty AffairsTreaty Affairs

CRIMINAL JUSTICE AND THE FIGHT AGAINST CRIMINAL JUSTICE AND THE FIGHT AGAINST ORGANIZED CRIMEORGANIZED CRIME

““Recognizing also that effective criminal justice systems based Recognizing also that effective criminal justice systems based on the rule of law are a prerequisite for combating on the rule of law are a prerequisite for combating transnational organized crime, trafficking in human beings, transnational organized crime, trafficking in human beings, terrorism, corruption and other forms of transnational and terrorism, corruption and other forms of transnational and domestic criminal activity” domestic criminal activity” (ECOSOC resolution 2005/21 of 22 July (ECOSOC resolution 2005/21 of 22 July 2005)2005)

UNODC considers that a robust, holistic and prevention-focused UNODC considers that a robust, holistic and prevention-focused response to organized crime includes the adoption of effective crime response to organized crime includes the adoption of effective crime prevention measures and the establishment of prevention measures and the establishment of fair, efficient and fair, efficient and effective criminal justice systems based on the rule of laweffective criminal justice systems based on the rule of law..

UNODC assists States in developing strategies to prevent crime and UNODC assists States in developing strategies to prevent crime and reform all aspects of their criminal justice systems, in accordance with reform all aspects of their criminal justice systems, in accordance with UN standards and norms.UN standards and norms.

UNODC STRATEGY 2008-2011UNODC STRATEGY 2008-2011

Under its “Rule of Law” componentUnder its “Rule of Law” component, , the Strategy the Strategy identifies two main objectives:identifies two main objectives:

(a)(a) promote, at the request of Member States, effective promote, at the request of Member States, effective responses to crime, drugs and terrorism by facilitating responses to crime, drugs and terrorism by facilitating the implementation of relevant international legal the implementation of relevant international legal instruments; andinstruments; and

(b) promote, at the request of Member States, effective, (b) promote, at the request of Member States, effective, fair, and humane criminal justice systems through the fair, and humane criminal justice systems through the use and application of United Nations standards and use and application of United Nations standards and norms in crime prevention and criminal justicenorms in crime prevention and criminal justice

CRIMINAL JUSTICE AND THE FIGHT AGAINST CRIMINAL JUSTICE AND THE FIGHT AGAINST ORGANIZED CRIMEORGANIZED CRIME

Fair, effective and humane criminal justice systemsFair, effective and humane criminal justice systems based on the rule based on the rule of law require:of law require:

– Independent and professional judiciary and prosecutorial services Independent and professional judiciary and prosecutorial services

– Trained police and prison authorities, that understand and respect Trained police and prison authorities, that understand and respect the balance between law enforcement and human rights, and the the balance between law enforcement and human rights, and the need for integrity and resistance to corruptionneed for integrity and resistance to corruption

– Efficient case management and monitoring systems.Efficient case management and monitoring systems.

Programme in Southern SudanProgramme in Southern Sudan Justice system devastated by two Justice system devastated by two

decades of conflictdecades of conflict Initial focus on reforming prisonsInitial focus on reforming prisons Technical intervention to Technical intervention to

improve human rights:improve human rights:

– Leadership trainingLeadership training– Vulnerable groups (women, Vulnerable groups (women,

children, mentally ill)children, mentally ill)– File managementFile management– Prison healthPrison health

Emerging integrated programme: Emerging integrated programme: anti-corruption, mobile courts anti-corruption, mobile courts and access to justiceand access to justice

UNODC project office integrated UNODC project office integrated into UNMIS Rule of Lawinto UNMIS Rule of Law

Leadership and staff training

Development regulations and policies

Detainee file management systems

Vulnerable groups

UNDPInfrastructure development

Programme in Guinea BissauProgramme in Guinea Bissau

Unable to respond to threat of drug trafficking and Unable to respond to threat of drug trafficking and organized crime: justice institutions devastated by organized crime: justice institutions devastated by conflictconflict

Close co-operation with PBC and UNOGBIS Close co-operation with PBC and UNOGBIS Integrated programme across several mandate areasIntegrated programme across several mandate areas Technical intervention to bolster state capacityTechnical intervention to bolster state capacity

Combating illicittrafficking

Courts and the Judiciary

Reforming the prison system

Specialized unit withinthe Judicial Police

Strengthening courts and access to justice

Training, refurbishment

and information

systems

Requirement for sustained engagementRequirement for sustained engagement Integration of rule of law programming into Integration of rule of law programming into

peacekeeping missions, one-UN and joint programmingpeacekeeping missions, one-UN and joint programming From projects to integrated programmes From projects to integrated programmes UNODC comparative advantage: specialized criminal UNODC comparative advantage: specialized criminal

justice expertise within human rights frameworkjustice expertise within human rights framework Specific UNODC tools/practical materials as a resource Specific UNODC tools/practical materials as a resource

for wider UN system (UN ROL network)for wider UN system (UN ROL network) Respond to the growing requests while maintaining Respond to the growing requests while maintaining

high-quality technical assistance with national high-quality technical assistance with national ownershipownership

Way forwardWay forward

22

Money LaunderingMoney Laundering Is the movement of illicit funds for the purpose of concealing the Is the movement of illicit funds for the purpose of concealing the

true source, ownership or use of the fundstrue source, ownership or use of the funds

Monetary proceeds derived from criminal activity are Monetary proceeds derived from criminal activity are transformed into funds with an legal sourcetransformed into funds with an legal source

Money laundering provides the fuel for drug dealers, terrorists, Money laundering provides the fuel for drug dealers, terrorists, arms dealers and other criminals to operate and expand their arms dealers and other criminals to operate and expand their enterprises.enterprises.

In 1996, the aggregate size of money laundering in the world may In 1996, the aggregate size of money laundering in the world may be between 2% and 5% of the world’s gross domestic product.be between 2% and 5% of the world’s gross domestic product.

Estimated the size of the money laundering is over $500 billion Estimated the size of the money laundering is over $500 billion annually. annually.

Using 1996 statistics, money laundering ranged between US Using 1996 statistics, money laundering ranged between US Dollar (USD) 590 billion and USD 1.5 trillion. Dollar (USD) 590 billion and USD 1.5 trillion.

Washing Dirty MoneyWashing Dirty Money

PlacementPlacement physically moving and placing the funds into financial physically moving and placing the funds into financial

institutions or the retail economyinstitutions or the retail economy LayeringLayering

multiple and sometimes complex financial transactions are multiple and sometimes complex financial transactions are conducted to further conceal their illegal natureconducted to further conceal their illegal nature

IntegrationIntegration illicit funds re-enter the economy disguised as legitimate illicit funds re-enter the economy disguised as legitimate

business earnings (securities, businesses, real estate)business earnings (securities, businesses, real estate)

Dirty Money FlowsDirty Money Flows

DomesticDomestic

ReturningReturning

InboundInbound OutboundOutbound

Flow-throughFlow-through

Crime and MigrationCrime and Migration Migrating populations are vulnerable and often hard to account forMigrating populations are vulnerable and often hard to account for

– Most migration is illegal Most migration is illegal – Most migration is based on dire economic needs (‘Economic Most migration is based on dire economic needs (‘Economic

refugees’) from the Global Southrefugees’) from the Global South– Most migrant have families depending on them ‘back home’: Most migrant have families depending on them ‘back home’:

cannot afford to failcannot afford to fail– Most migrants cannot speak the local language or know the lawMost migrants cannot speak the local language or know the law

Criminal gangs are often the only way ‘in’ given increasingly tough Criminal gangs are often the only way ‘in’ given increasingly tough immigration controlimmigration control– Gangs are often recent immigrants themselves using their Gangs are often recent immigrants themselves using their

contacts on both sidescontacts on both sides Cost is prohibitive and often paid through ‘slave labour debt’ - Cost is prohibitive and often paid through ‘slave labour debt’ -

migrants have no legal recoursemigrants have no legal recourse Using the same network as goods being trafficked (stolen goods, Using the same network as goods being trafficked (stolen goods,

drugs…). drugs…). What is the line between goods and people trafficking?What is the line between goods and people trafficking?

Women’s TraffickingWomen’s Trafficking prostitution or sexual slavery? Trafficked women are prostitution or sexual slavery? Trafficked women are

abducted or duped, ‘broken in’ by the gang, and then abducted or duped, ‘broken in’ by the gang, and then prostituted to pay an immigration debt or through threats prostituted to pay an immigration debt or through threats to them and familyto them and family– E.g. Sub-saharan African women in Italy, women from the Balkans E.g. Sub-saharan African women in Italy, women from the Balkans

in the UK…in the UK…– Different from prostitution: no consent, no money…high risks of Different from prostitution: no consent, no money…high risks of

battery, STIs and long term mental health problemsbattery, STIs and long term mental health problems Estimate 700,000 women and children a year: core human Estimate 700,000 women and children a year: core human

security concern?security concern? Why would women take such risks to emigrate illegally? – Why would women take such risks to emigrate illegally? –

linked to gross economic inequalitieslinked to gross economic inequalities Fuels shadow economies linked to other illegal activitiesFuels shadow economies linked to other illegal activities Shows failure of immigration regimes (and prostitution Shows failure of immigration regimes (and prostitution

laws)laws) Children’s trafficking (male and female) for peadophile Children’s trafficking (male and female) for peadophile

prostitution ringsprostitution rings

Crime and War EconomiesCrime and War Economies Wars create ‘law and order’ vacuum which Wars create ‘law and order’ vacuum which

criminals fill:criminals fill:– Sometimes black market economy is the only way Sometimes black market economy is the only way

to get basic goods during wars…to get basic goods during wars…– But goods traffickers have a vested interest in the But goods traffickers have a vested interest in the

conflict conflict not endingnot ending – they may become actors in – they may become actors in the conflict!the conflict!

Other side of the coin:Other side of the coin:– Parties in civil wars fund their activities through Parties in civil wars fund their activities through

criminal activities – export and import… criminal activities – export and import… Trans-border involvement to destabilise Trans-border involvement to destabilise

neighbours and exploit their resources illegally neighbours and exploit their resources illegally (conflict diamonds in Sierra Leone)(conflict diamonds in Sierra Leone)

Estimated Revenue from Conflict Resources, Selected Cases

Combatant Resource Period Estimated Revenue

UNITA (Angola) Diamonds 1992-2001 $4-4.2 billion

RUF (Sierra Leone)

Diamonds 1990s $25-125 million/yr

Taylor (Liberia) Timber Late 1990s $100-187 million/yr

Sudan gvt Oil Since 1999 $400 million/yr

Rwanda government

Coltan (from DRC) 1999-2000 $250 million

Taliban (Afghanistan)

Opium, heroin Mid-1990s-2001 $30-40 million/yr

Northern Alliance(Afghanistan)

Lapis lazuli, emeralds, opium

Mid 1990s-2001 $ 60 mill/yr

Khmer Rouge (Cambodia)

Timber Mid-1990s $120-140 million/yr

Cambodia gvt Timber Mid-1990s $100-150 million/yr

Burma gvt Timber 1990s $112 million year

FARC (Colombia) Cocaine Late 1990s $140 million/yrSource: Michael Renner, The Anatomy of Resource Wars, Worldwatch Paper 162, October 2002, p. 7, Table 1.

Blending FormulaBlending Formula The organizational blending of legitimate and illegitimate activities is a The organizational blending of legitimate and illegitimate activities is a

hallmark of how transnational crime networks conduct their operations. hallmark of how transnational crime networks conduct their operations. The resources of the terrorists or the profits of international organized crime The resources of the terrorists or the profits of international organized crime

groups are combined with legitimate funds, making it hard to detect where groups are combined with legitimate funds, making it hard to detect where criminal funds end and the legitimate funds begin.criminal funds end and the legitimate funds begin.

For example, the Bank of New York case in 1999 involved billions emanating For example, the Bank of New York case in 1999 involved billions emanating from Russia, some which came from transnational activities of Russian from Russia, some which came from transnational activities of Russian organized crime. organized crime.

The money sent to the accounts in the Bank of New York represented wire The money sent to the accounts in the Bank of New York represented wire transfers from Russian crime groups, as well as accounts from correspondent transfers from Russian crime groups, as well as accounts from correspondent banks (banks in country where the foreign bank does not have its own affiliate banks (banks in country where the foreign bank does not have its own affiliate to conduct its operations). to conduct its operations).

The Al Qaeda organizations uses charities to move money. Funds going to the The Al Qaeda organizations uses charities to move money. Funds going to the charities are, indeed, directed toward social welfare activities in the community, charities are, indeed, directed toward social welfare activities in the community, but a traditional 10 percent tithe, or sometimes a much greater share, is used to but a traditional 10 percent tithe, or sometimes a much greater share, is used to support terrorists.support terrorists.

ConclusionConclusion Different definition and classification of offences?Different definition and classification of offences? TC impacts on security both directly and indirectlyTC impacts on security both directly and indirectly Is it linked to other trans-national forces such as Is it linked to other trans-national forces such as

terrorist groups?terrorist groups?– Overlap (e.g. GIA) in some cases, cooperation on Overlap (e.g. GIA) in some cases, cooperation on

WMDs the worst fearWMDs the worst fear– Ultimately contradicting forces? Organised crime Ultimately contradicting forces? Organised crime

does not work in anarchy, it relies on state does not work in anarchy, it relies on state structures, stability.structures, stability.

Can we treat TC and terrorism as a separate threat?Can we treat TC and terrorism as a separate threat? Can a system dominated by states and economic Can a system dominated by states and economic

inequalities reach the criminals, can it help the victims? inequalities reach the criminals, can it help the victims?