Transnational Organized Crime

In October 1995, President Clinton issued Presidential Directive (PDD), which found that international organized crime as a serious threat to national security and economy of the United States. This policy is transnational crime, the same level of attention and visibility of traditional threats. In 1997, U. S. Rep. Henry Hyde (R-IL) articulates concerns about a new threat to Congress during hearings on crime and international terrorism: ... The Cold War is over. No more wars to fight. A war so intense and so disastrous to liberty and the free world are gone, but his character is totally different. We need to worry. This is organized crime worldwide ... - Transnational crime and rarely the cause of armed conflict, but is an important source of revenue for terrorists, machetes, insurrections, and the underdeveloped in conflict. Conflict intervention and peace agreements are much more difficult to achieve when the opposing forces have the resources to keep fighting. Moreover, the establishment of democratic institutions through programs of assistance to nations in peacekeeping operations requires more time when organized crime undermine the rule of law through various forms of corruption and violence.

The difficulty of dealing with this threat is due in part to the inability of academics in charge of enforcing the law and the international community to agree on a common definition of organized crime. There are many definitions of organized crime, but the easiest and simplest is offered by Phil Williams. According to Williams, organized crime is a continuation of business by criminal means. At first glance, this definition may give the impression that crime is mainly used in white collar or business related crimes and their activities have little or no impact on military operations or security. Williams' definition is broad enough to accommodate a wide range of criminal conduct, but does not refer specifically to the sinister nature of the crime and associated violence and brutality. Alessandro Politi makes the definition more precise identification of some major criminal activities in the various definitions of organized crime: ... profits of crime through the use of force and intimidation, and resort to corruption to maintain impunity.

Within the law enforcement community, the Federal Bureau of Investigation defines an organized crime group or company as an ongoing criminal conspiracy and perpetuates itself with an organized structure, fed by fear and corruption, and motivated by greed. When viewed in the context of international security, transnational organized crime, beyond the borders of a country and can be broadly defined as organized crime: operations where violence or the threat of violence and corruption main tools used to acquire or protect illegal cross-border transactions and business. Although this definition does not resolve the debate on transnational organized crime should be defined, reflecting the tendency of organized crime to use coercion and corruption to achieve their political and economic objectives.

What is missing in the definitions is a discussion about the many powerful forces that the influence of organized crime. The rapid growth of transnational crime, its adaptability, the various grounds for criminal elements and the absence of a general international criminal code are the main conditions and variables that make a complex transnational crime and amorphous threat. First, transnational organized crime has grown at an unprecedented rate during the last decade. Although there are many factors responsible for this trend, the increase in transnational crime is due mainly to the elimination of political control, social, economic and barriers that were present during the Cold War. International trade agreements like the Free Trade Agreement (NAFTA) and multilateral agreements in Europe and Asia have open borders and trade around the world. International trade in the U.S. alone is twice the volume than it was in 1994, and if current trends continue, will double. Consequently, trade has increased and the international border controls decreased, there was a significant reduction, if not the exponential growth of illicit drugs, weapons, women, children, diamonds, minerals and other raw materials.

In addition, advances in telecommunications, information technology, international finance and facilitated the flow of information and capital across international borders. Although the impact of globalization on the poor remains hotly debated, there is wide disagreement about how transnational criminals have prospered in the new global economy. The current transnational criminals can operate in several jurisdictions, without fear of persecution and move millions of dollars to shelters throughout the world. Second, dynamic and adaptive nature of transnational crime becomes a phenomenon difficult to understand and fight effectively. Unlike a conventional ground force linked to land, transnational criminals adapt - quickly to changes in the environment. If excessive pressure is placed on a criminal enterprise, the organization usually find a way to eliminate the source of pressure or around it. On the other hand, Van Duyne says that criminals are in the market and geared to meet the new demands for goods, services and capital. "When there is demand for illegal criminals create new markets and systems to meet the new requirements.

This is particularly applicable to criminal enterprises that are motivated by profit or greed. This makes the criminal capitalist enterprises unpredictable, constantly changing nature of size, intensity in response to market forces. Any change in the nature of organized crime further complicates the development of an effective law enforcement and security strategies. Motivation is another powerful influence that shapes the character of transnational criminal organizations. Since varies with the motivation of individual and group objectives, strategies and patterns of criminal behavior are virtually limitless. For example, in the traditional crime syndicates operate primarily for economic reasons (ie, the immense wealth derived from organized criminal activity), but many transnational terrorist groups are driven by political, crime, ethnic, religious or ideological nature of these groups, crime is simply a tool to finance its terrorist operations and to pursue their political objectives. Traditional unions use violence to advance or protect their criminal enterprises, but there is rarely a desire to destroy government institutions. On the other hand, are often transnational terrorists bent on political objectives, calling for the overthrow or destruction of a foreign government or national level.

Proceeds of Transnational Crime allow terrorist groups to maintain the operations of the insurrection months or years. In addition to growth, nature, different motivations of offenders and businesses to adapt, it is difficult to find consensus in the international community about the activities that should be treated as a crime. Disagreements over international sanctions and differences in the civil codes, particularly among the modern and developing States, further complicate the use of traditional approaches to criminal justice to transnational crime. For example, transnational terrorism is often treated as a threat to national security due to acts of terrorism can be viewed as a crime, an act of war or a justifiable use of force by freedom fighter. For a general discussion at the United Nations in November 2001, delegations from various countries stressed the need for the international community to distinguish between terrorism and the legitimate use of force to exercise self-determination or against foreign occupation . "When viewed in the broader context of criminal activity, transnational terrorist acts are a violation of national or international law, but can not be seen as a war crime based on law and the prospects of offenders, victims and the international community.