Transnational Organized Crime And International Security - Case Study Example

Transnational Organized Crime And International Security Abstract After the 9/11 attacks on the US icons of high security and democracy, the western worlds suddenly realised that terrorism had reached their city and nothing was secure from destruction. However, acts of terror need money, funding and dedicated people who are ready to die for their cause, however warped and distorted it may be. This is where Transnational Organised Crime – TOC has emerged. This TOC is almost as old as national governments and international trade. Activities such as piracy, cross border brigands, smuggling, fraud, trading in stolen goods, assassination and other such anti social activities are as old as governments and nations (Salmon, 2008). Since the 1990;s, the term is used for international gangsters or the Mafia types, made immortal in The Godfather movie starring Marilyn Brando. However, while the earlier brigands limited themselves to smuggling alcohol, gold, firearms and other such products, current gangsters deal in hard drugs, cocaine and other narcotics. There is obviously a huge amount of money to be made in these activities. This further encourages poor kids to take up arms and get involved in organised crime. Frequently, these criminals often team up with terror organisations for logistics, drugs and support. The work of security agencies becomes much more fractal. They find themselves increasingly fighting a highly dedicated and much better equipped and organised gang of criminals. In addition, since these criminals do not respect national borders, international cooperation between governments becomes the first frontier and means to fight TOC. Some of the middle east countries and countries such as Pakistan, Somalia and others have governments that are themselves very weak and insecure. Therefore obtaining the support of such governments also becomes very difficult and in the meanwhile, TOC continues to make the lives of law-abiding citizens to be put into grave danger (Beare, 2003). This paper would examine TOC such as smuggling and illicit trade and analyse the impact on UK and other western European countries. 1.1. Aims of the Paper The focus of the project is to examine organised crime and global security and the impact that these issues have on UK and other Western European nations. With increased perceptions of threats from organised crime, the concept of security has been extended to beyond protecting just a building to tracing the roots sources of the criminals in foreign countries. The following aims are proposed for this paper: Understand the new concept of security and its re-conceptualisation. Traditional definition of security, how and why is the traditional concept of security different from the new model. Why is there a need to broaden and redefine the concept of security. Critical security issues of transnational organised crime Impact of the security issues on regional and global security. 1.2. Background and Rationale for the paper Governments, especially in developing and underdeveloped countries are often overwhelmed by the spectre of organised crime overthrowing the duly elected governments. This is true in fragile nations such as Pakistan, Colombia, Mexico, Afghanistan and many other nations. Developed nations such as Italy had the Mafia that they exported to USA while Japan had the Yakuza while China and Hong Kong had the triads. These groups formed closely and very secretive groups and the Mafia and the Yakuza can be regarded as the 'traditional criminals'. These groups believed in secrecy and avoided publicity, preferring to mask their activities under respectable professions. These gangs were not interested in government power, preferred to keep a low profile, rarely travelled outside their ‘territory’, did not overtly kill the innocent public since the backlash would be harsh and they did not wantonly kill people, only their opponents. Governments and security agencies had a clear method of carrying out investigative work in the local crime areas, making arrests and then sending the criminals to jail, when the criminals were sentenced (Edwards,, 2005). The new criminals on the other hand are harshly different. They may be offshoots of the traditional criminals but they operate on a global scale. These criminals have contacts with global terrorists, deal in drugs and other high value substances, frequently travel overseas to ‘organise’ shipments and they adopt a high profile lifestyle. Capturing such criminals requires international cooperation between the security agencies of different nations and the crimes have to be carefully investigated and documented with evidence. The new criminals have thus moved beyond their street and territory to international markets. In many instances, the criminals source drugs from terror groups and presumably extend cooperation to these terrorists to carry out acts of terror (Berdal, 2002). UK, USA and Western European nations such as France and Germany become all the more vulnerable since many of the new age criminals have found homes in these countries. If these criminals are not neutralised, then a breakdown in law and order can occur. Terror groups and criminals would then carry out their terror acts, killing large numbers of people. The work of protecting citizens of London is not limited to only the London police but also to security agencies from Paris, Frankfurt, New York and other nations. This is so since we are dealing with global criminals and this requires the use of Global Security. Hence, the concept of security has undergone a change from the traditional approach to the new approach (Edwards, 2005)). 1.3. Methodology Used The paper will be written by using a secondary literature review method. Sources of literature include books, reputed websites and journals from peer-reviewed archives such as ProQuest, Questia, Emerald and others. A preliminary review was done on the broad subject of organised crime, global security and transnational organised crime. The review provided the researcher with a number of themes and keywords that were further examined and searched to keep the focus on the research aims. A careful purview produced a set of literature artefacts that were studied in detail to form the basic material for the paper. The content was critically analysed and a final copy of the paper was written. Introduction Advances in modern technology since the last century that created an interconnected world economy, facilitated instantaneous communications have also contributed to the increase in transnational crime. Transnational crime is conducted by a unique genre of criminals that cross national borders and infiltrate the globe (Liddick 1). Transnational criminals are characterized by criminal networks that thrive in varying economic, social and political conditions. Profits realized from transnational crimes and the link between their underworld and the lawful world is a tenuous one, forcing changes to both national and international politics (Liddick 1). This essay examines the culture of transnational organized crime, with the emphasis on smuggling and illicit trade and way that these activities had influenced the conduct of affairs in the UK and other Western European countries. Organized Transnational Crime Transnational crime is typically is divided into two distinct groups; terrorism and organized crime (Schmid 40). Organized terrorist groups are politically and ideologically driven, while organized crime groups are driven by a desire to obtain a share of illegal markets (Schmid 40). Transnational organized crimes that are aimed at illegal markets are particularly problematic for nation states because invariably, they feed off national demands for the illicit products and services. In this regard, these organized criminal groups set up or build on national markets which include drug trafficking, arms trafficking, money laundering, trade in stolen property, pornography, prostitution, human trafficking and computer crimes (Lupsha, 21). Each of these unlawful activities generates lucrative business returns for the organized criminals. Smuggling and illicit trade across borders are particularly problematic for the national security of any nation state. The US Department of Immigration and Customs Enforcement defines human smuggling as: The importation of people into a country via the deliberate evasion of immigration laws (US Immigration and Customs Enforcement). Smuggling by definition is a threat to national security because it undermines a country’s ability to secure its borders and makes it difficult to enforce social order when there are unknown numbers of undocumented people in any one nation. The Network of Global Agenda Councils described illicit trade as “counterfeiting of luxury goods” narcotics trade and trade in “conflict resources”(World Economic Forum 1). Illicit trade has been on the upswing since the end of the Cold War and poses a major threat to social, political, environmental, health and economic systems (World Economic Forum 1). Human smuggling is characterized by the tendency of human smugglers to exploit the weak for the most part innocent victims who are typically lured or forced into dangerous and quite often life-threatening journeys. Illicit trade typically takes place in black market structures that have international connections. The most frequent items pedaled on the black market are illicit drugs, nuclear content, arms, fauna and flora, women and children for sex, as well as stolen antiques and art (Williams and Vlassis 78). Illicit drugs, arms and nuclear contents immediately raise questions of national security and public health. Unfortunately, human smuggling is difficult to control because it is largely an unobservable crime in that it involves victims who are typically undocumented individuals (Kyle and Koslowski, 29). Human smuggling continues to be a major challenge for law enforcement worldwide. The primary reason is the high profits involved for the human smuggling networks together with the difficulties involved in detecting it. Another unfortunate difficulty is that nation states tend to be more focused on the victim rather than the smuggler (McCulloch, 65). Smuggling and Illicit Trade in the UK and Western Europe During the 1990s the idea of human smuggling and illicit trade began to increase rapidly, reaching new heights. This trend corresponded with the end of the Cold War era and increases in globalization (Wagley, Summary). It is estimated that human smuggling involves criminal profits in the billions in the EU alone. Moreover, human smuggling is almost invariably linked to organized crime and can threaten sovereignty, national security and involve exploitation of vulnerable people (Bilger, Hofmann and Jandi, 1996, 59-60) a. Human Smuggling The Metropolitan Police reported that on 31 January a dozen persons were arrested on suspicions of human smuggling into the UK. The detainees were believed to connected to two of London’s largest smuggling networks. In a number of early morning raid the Metropolitan Police’s Special intelligence Section a Turkish network was dismantled and was believed to be “involved in large-scale human smuggling” and the importation of heroin and money laundering(Metropolitan Police). A Chinese human smuggling network was also uncovered and it was believed that both networks maintained associations in Belgium and France. Both networks were smuggling Chinese nationals who each paid 21,000 pounds to be transported to the UK (Metropolitan Police). In 2001 the United Nations Commission on Human Rights (UNCHR) reported that the UK and Bosnia partnered in an effort to reduce the risk of illegal immigrants and human smuggling entering the UK and Western Europe via the Balkans (UNCHR, The UN Refugee Agency). To this end the UK deployed a number of immigration officers to Sarajevo for the purpose of training Bosnia’s border police in the detection of forged documentation and investigation “techniques” (UNCHR, The UN Refugee Agency). Previously, illegal immigrants crossed over into Western Europe in numbers ranging from 40,000 to 50,000 annually (UNCHR, The UN Refugee Agency). However, the UK’s training initiative and with increasing pressure from a number of Western European nations, countries along the Balkan routes have tightened control of their respective borders (UNCHR, The UN Refugee Agency). Although there is a tendency to use the terms smuggling and trafficking in humans interchangeably, the EU treats the two terms differently. Smuggling is viewed as conduct which accommodates the illegal crossing of international borders and usually with smuggled person’s consent. Trafficking on the other hand is usually a coerced crime with exploitation involved (Tworney 7). Moreover, trafficking is a matter of migration with human rights consequences and smuggling is primarily a crime and matter for the control of state borders (Meese et al 22). The UN further exemplified the difference between human trafficking and human smuggling by the introduction of two distinct protocols to the UN Convention against Transnational Organized Crime in December 2000. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children offers a definition of trafficking. The Protocol against Smuggling of Migrants by Land, Sea and Air goes on to define smuggling as: The procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of illegal entry of a person inot a State Party of which the person is not a national or permanent resident (Protocol against Smuggling of Migrants by Land, Sea and Air) The EU became a signatory to both Protocols in 2000 and treats both human trafficking and human smuggling differently. The crime of human smuggling is treated as a crime against the state, whereas the crime of human trafficking is treated as a crime against the individual (European Union 2001). The UK as a member of the EU is equally bound by the Protocols. The EU has expressed concerns about the tension between aiding the smuggled individuals who require humanitarian assistance and the desire to discourage illegal migration (Aus 35). Ultimately, the EU issued a draft directive which directed Member States to determine whether or not to prosecute those rendering humanitarian assistant to a smuggled person and to impose a maximum sentence of 10 years against anyone found guilty of human smuggling (Aus 38). b. Illicit Trade The EU has taken significant steps to combat the incidents of organized transnational crime within the EU. These steps are aimed at the inter-state cooperation between the judiciary and law enforcement among the member states to the EU (Commonwealth Secretariat 152). The Plan of Action was incorporated by the Amsterdam European Council which set up a framework for this integrative approach. In this regard, the EU set up EUROJUST in 2002 which is comprised of prosecutors, magistrates and/or police officials who are instructed to cooperate with respect to investigations and the prosecution of trans-border criminal activities. However, the EU is a magnet for organized international crime groups with many such groups situated in adjourning countries such as Russia, Ukraine and Turkey (Commonwealth Secretariat 153). The EU, which also includes the UK cooperates with the UN’s initiatives to combat the incidents of transnational organized crime. To this end the UN’s Convention Against Transnational Organized Crime is key to providing the basis for international cooperation. The Convention Against Organized Crime was adopted in 2003 and makes provision for a number of legal measures for contracting states to implement. Some of the important measures include international cooperation with respect to providing legal aid among contracting states, increasing extradition agreements in cases of organized crime, seizure of assets that emanate from the proceeds of criminal activities and the preservation of witness protection programmes (Commonwealth Secretariat 153). Transnational criminal organizations have also been utilizing real property as a means of perpetuating money laundering schemes with respect to the illicit proceeds of criminal activities. The UK’s National Criminal Intelligence Service (NCIS) Annual Report, August 2003 noted that the purchase of property in the UK was the most frequent technique used by organized crime groups to launder the proceeds of organized criminal activities (Commonwealth Secretariat 153). The Quinquennial Review of the UK Land Registry in 2001 revealed that there was a general lack of beneficial entitlement to properties that was a cause for concern. At the time it as possible to merely register a legal title or a nominee title to property. However the new Land Registration Act 2002 changed those requirements by providing for the full and frank registration of all the interest in property (Land Registration Act 2002). However, whether or not these new measures can attach to previously recorder properties is doubtful. The fact is, the Land Registration Act 2002 has the capacity to cut off a safe money laundering haven for organized transnational groups and by doing so makes it more difficult for them to operate. Cigarette smuggling is another source of illicit trade conducted by transnational organized criminal groups. It is estimated that approximately 350 billion cigarettes are traded illicitly on an international level with about a 10 billion euros loss to the EU alone (Berdal and Serrano 135). Organized crime groups typically target countries where they have better markets for their illicit cigarette sales and can earn a decent profit. In this regard, the UK is a target country because the legal price of cigarettes is relative high. Italy is a lucrative target because it has a relatively big market and a very large coast (Berdal and Serrano 135). Another area of concern with respect to illicit trade in Western Europe is the illicit sex trade for women. Ever since the break down of the USSR a number of women from Eastern Europe have been victims of illicit prostitution trade to Western Europe. Human trafficking in women for sex is particularly appealing to organized criminal groups because of its high turnover in terms of profit and the low prosecution rate. Victims typically do not want to give evidence primarily because they themselves are engaged in criminal activity (Berdal and Serrano 137). The crimes that victims typically break are immigration laws and they are typically deported the moment they are caught and investigators will not be able to follow through with the prosecution(Berdal and Serrano 137). Many of the problems associated with trans-border crimes are quite similar to the problems experienced by prosecutors and investigators in the sex trade in human trafficking. The victims and the criminal activities have international elements making the detection, investigation and prosecution more expensive and time-consuming than prosecuting local crimes. Moreover, transnational organized crime groups typically have enough money to elude police and to escape prosecution themselves. In weak states, these organizations exert some form of government influence and can influence local investigations and prosecutions. In other words, many of these organized crime groups can operate from what can be designated safe havens. Conclusion Transnational organized crimes in smuggling and illicit trade is particularly complex. Human smuggling is complicated by the fact that the victim is typically viewed as complicit in the violation of immigration laws and it makes it difficult for states with immigration control policies to overlook the victim’s part in the crime. The UK and the EU in particular have expressed concerns about maintaining complete control of the EU’s borders and as such are not minded to treat victims of human smuggling any differently from other persons who violate immigration laws unless the victim qualifies as a refugee within the scope and range of the Geneva Convention. In this regard, the focus for the UK and Western Europe under the auspices of the EU is border control with a view to protecting its borders from security risks. Border control with respect to human smuggling is just as important to the issue of illicit trade as it raises public health and security questions. Goods and products sold over the black market can also harm local economies. As noted, the illicit sale of cigarettes in the UK has robbed the UK government of sales’ taxes. Regardless of the type of crime committed by organized criminal factions on an international level, it is obvious that they each raise questions relating to border control in relation to the transfer of persons or products across borders. In this regard, the transfer of persons and good in any illicit trade is carried out in a clandestine manner. This can only mean that neither the goods or the persons are accounted for by government and border controls. In this regard public safety and health is at risk. The EU and the UK have taken steps to counter the incidents of international organized crimes. However, the technological tools that are used to facilitate free trade are also used to facilitate illicit trade and human smuggling. Therefore the most that can be accomplished is the continued active inter-state cooperation among the international community for the detection, investigation and prosecution of organized crime groups. In the circumstances, this is the most effective means by which global security can be accomplished. Bibliography Aus, J. (May 2007) “Crime and Punishment in the EU: The Case of Human Smuggling.” Arena – Centre for European studies at the University of Oslo. Berdal, M. and Serrano, M. (2002) Transnational Organized Crime and International Security: Business as Usual? Lynne Rienner Publishers. Bilger, V.; Hofmann, M. and Jandi, M. (2004) “Human Smuggling as a Transnational Service Industry, International Migration. International Migration Vol 22: 59-03. Commonwealth Secretariat (2003) Commonwealth Public Administration Reform 2004. Commonwealth Secretariat. Edwards, A., 2005. Transnational organised crime: perspectives on global security. Routledge Publications, NY, USA. 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Meese, J.K, et al (2000), Multidisciplinary Research on the Phenomenon of Trafficking in Human Beings from an International and National Perspective. Quoted in International Organization for Migration (2000) Migrant Trafficking and Smuggling in Europe: A Review of the evidence with case studies from Hungary, Poland and Ukraine Geneva: International Organization for Migration. Metropolitan Police (2008) Human Smuggling Arrest. http://cms.met.police.uk/news/arrests_and_charges/human_smuggling_arrests (Retrieved November 7, 2009). Protocol against Smuggling of Migrants by Land, Sea and Air. Schmid, A. (1996) “Links Between Organized Crime and Terrorist Crimes.” Transnational Organized Crime vol.2(4): 40-82. Tworney, P. (2000) “Europe’s Other Market: Trafficking in People”. European Journal of Migration and Law Vol. 2: 7. UNHCR, the UN Refugee Agency.(September 2001) “UK and Bosnia Join Forces to Halt Human Smuggling.” Refugee Reports Vol. 22(8) http://www.unhcr.org/refworld/type,COUNTRYREP,USCRI,,3c58099b0,0.html (Retrieved December 7, 2009). US Immigration and Customs Enforcement (n.d.) “Human Trafficking and Human Smuggling.” http://www.ice.gov/pi/investigations/publicsafety/humantrafficking.htm (Retrieved December 7 2009). Wagley, J. (March 20, 2006) “Transnational Organized Crime: Principle Threats and U.S. Response” CRS Report to Congress, Order Code RL33335. Williams, P. and Vlassis, D. (2001) Combating Transnational Crime: Concepts, Activities and Responses. Frank Cass Publishers. World Economic Forum. (2008) “Network of Global Councils: Discussion Highlights on Illicit Trade.” Summit on the Global Agenda, Dubai, United Arab Emirates. Read More