International Journal on Criminology

Contents

Charting Illicit Trade: OECD Task Force In Action 1 Alain Bauer, Xavier Raufer and Arndt Sinn

Does Policing Have an Impact on Homicides? 11 Maurice Cusson

Cyberbanging: When Criminal Reality and Virtual Reality Meet 22 François Haut

Zarqawi’s Children 28 Alain Bauer

International Journal on Criminology: Fall 2014, Volume 2, Issue 2 Charting Illicit Trade: OECD Task Force In Action Alain Bauer, Xavier Raufer and Arndt Sinn

I –What Do We Know? What Do We organise trade, protect their citizens, raise the Want? What Can We Do? standards of living and enforce codes of ethics... In the coming years, global illicit trade 1. Wide-ranging Agreement on the Problem is expected to become even more extensive and complex... Illicit trade as a growing glob- A. The OECD provides a suitable medium al threat, a quickly evolving global risk.” to tackle the persistent and complex prob- It is now clear that illicit trade—more lem of charting illicit trade, organised in the than other forms of cross-border crime— context of the OECD High Level Risk Forum, represents between 8% and 15% of global which seeks to “increase societal resilience to gross domestic product (GDP) (as a result pressing global threats such as national di- of activities such as trafficking in human -be sasters, pandemics, financial crises, terror- ings, drugs and counterfeit consumer goods2 ism and cyber attacks” via the Task Force on as well as crimes against the environment3), Charting Illicit Trade (TF-CIT).1 and that such activities significantly handi- cap world trade, governments and the global B. The scale of the damage resulting from human environment: illicit trade worldwide gives TF-CIT members cause for concern with respect to the World trade: increased surveillance of “Illegal economy... criminalized markets, supply chains; compliance; costs re- their consequences and harms… disruption lated to the health of consumers (legal to supply chains... weakening of market ac- proceedings); tarnished reputations; tivities... distorting local economies... fuel- infringement of copyright; insurance; ling conflicts... undermining the rule of law... heightened security; etc. corruption... threatening the health and safe- ty of communities... significant damage to Governments: loss of tax revenues re- the world financial system... exploitation of sulting from smuggling/counterfeiting weakly governed territories, etc.” (cigarettes, etc.); stripping natural re- “Illicit trade infringes the rules, laws, sources (wood, minerals, fishing, etc.); regulations, licences, taxation systems, em- invoice fraud leading to loss of capital; bargoes and procedures that countries use to etc. 1 This quotation and all those that follow are taken from documents issued by the TF-CIT since autumn 2012: Mapping of the illegal economy, 23/10/2012, OECD High Level Risk Forum; Factors driving illicit trade, 25/10/2012, OECD High Level Risk Forum; Statement prepared for the OECD High Level Risk Forum, David Luna, State Departmen0t, 26/10/2012; OECD Task Force on Charting Illicit Trade, 2-3/4/2013; OECD-TF- CIT chair's update, November 2013. See also: WEF, 22-25/01/14, Out of the shadows, why illicit trade and organized crime matter to us all; and The Independent (Irl.), 28/10/12, Illegal trade costs state €860 million in lost revenue. 2 Counterfeiting involves the production of illegal copies of legal goods (food, cosmetics, etc.). 3 [UNODC, World Drug Report] “Illicit drugs alone represent more than 400 billion a year... Hundreds of billions of illegal revenue from these activities are estimated to flow through the global economy every year.” 4 Ireland provides one concrete example, where revenues from cigarette smuggling are valued at €3 million per week; a container of 7.5 million cigarettes generates a profit of €1.3 million. Trafficking is just as big a burden on the Irish medical and sportswear markets.

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Global human environment: counter- tify risks and harms related to illicit trade feit drugs, fertilisers, health products; activities that generate revenue for a global forced labour; theft of protected animal illegal economy... a clearer understanding of and plant species; etc.4 the economic, geographic, technological and policy conditions that drive or enable it... C. There is extensive agreement on who is tools to combat illicit trade and transnation- responsible for illicit trade and who bene- al networks.” fits from such practices: Who runs this illicit trade? Is this illegal economy a spontaneous (a) Diagnoses: “Identify the broad scope generation phenomenon? No, “transnation- of illicit trade activities, of vulnerabili- al networks... criminal entrepreneurs...illicit ties... evidence-based research...quanti- traders.” fy the market value of illicit trade activ- The various documents analysed ities...Fill the knowledge gaps...measure here clearly identify those responsible for the true economic cost of illicit trade to undermining the global economy: “Actors business... Enhance detection capabili- involved in illicit trade activities...illicit/ ties...map, measure, monitor, manage criminal transnational networks/traders... and mitigate future harms of the illegal lethal nexus of organized crime, narco-traf- economy.” ficking and terrorism...transnational orga- (b) Action: “Further international ef- nized crime, etc.” forts and coordinate forces...Exchange As for the reasons for the phenom- of information...Data & information enon: “Economic globalization created op- sharing... Concrete actions.” portunities for criminal networks to increase profits... both the scale and the geographical 2. Areas Requiring Further Expansion and scope of this phenomenon being unprece- Greater Clarification dented... A clear and present danger.” ccording to the available literature D. There is also general agreement on the end on “illicit trade activities”—and on goal of the TF-CIT: “Make things better in the what the concept covers and causes, Awhat it stems from and why it is currently so future... counter or mitigate the operations of transnational organized crime... Identify successful—it seems appropriate to go be- and quantify risks and harms related to il- yond the aforementioned initiatives to add a licit trade activities...We must shut down the number of more detailed points designed to illegal economy and criminalized markets help the TF-CIT avoid subsequent analytical and put criminal entrepreneurs and illicit problems in terms of mapping illicit trade networks out of business...reduce, monitor, and in defining relevant punitive measures. control or otherwise prevent illicit trade, The TF-CIT targets the “global illegal at the level of production, transit and con- economy and transnational criminal mar- sumption.” kets”, which are “trafficking drugs, arms, tox- ic waste, stolen natural resources, counterfeit E. There is also broad agreement on the man- goods, protected animal parts, etc.” ner in which the TF-CIT should achieve its end However, illicit trafficking of illicit goal and diagnose the situation in a timely goods is only part of the problem. The issue manner: “[We need] to identify and quan- is also compounded by illicit trafficking of 5 The Mortgage Introducer, 7/02/13—“Latest fraud figures should sound alarm bells."

2 Charting Illicit Trade: OECD Task Force In Action

licit goods and services including tobacco, al- the shadow economy (op. cit., note 5).” cohol, human beings and prescription drugs Definition: “Market-based production of not used for their intended purpose. In addi- goods and services, whether legal or illegal, tion, many offences in the business world are that escapes detection in the official esti- committed not by criminals but by the com- mates of the GDP... Activities, and the in- panies’ own employees and executives: ac- come derived from them, that circumvent cording to the UK fraud-prevention service or otherwise avoid government regulation, (CIFAS), 43% of thefts committed in 2012 taxation or observation.” in the work environment came from inside, Grey economy: illicit, untaxed, un- rather than outside, the workplace.5 regulated; moonlighting; undeclared bo- According to specialist economists, nuses and benefits, bartering and odd jobs the matter of illicit trade and the “llicit econ- (babysitting). omy” is not a black-and-white issue: it cannot Black economy: licit products stolen be dissected neatly with a scalpel under the or sold not for their intended purpose (buy- watchful gaze of students; it cannot be taken ing and selling tobacco and alcohol to take apart like an engine at the hands of skilled advantage of tax differentials); drug mechanics. In contrast, illicit trade and the pro-duction and trafficking; prostitution; “illicit economy” are aspects of the informal illegal gambling; counterfeiting/smuggling; economy: a complex spectrum with a wealth fraud, trafficking in human beings and of different shades and hues, from the pale arms. While there is no real working draw- grey of undeclared labour to the pitch black ing for the illegal economy, things are no of heroine deals, with every imaginable illicit clearer or immutable in terms of its key driv- practice in between. er, organised crime. On the contrary, organ- It is helpful to expand on this point in ised crime is in a constant state of flux as a terms of the definition of the shadow/infor- result of myriad different factors (such as op- mal economy.6 portunism) that fall outside the scope of this The first point of note is that this study. is a vast issue: “At the end of the twentieth In just the past decade, criminal en- century, up to 30 million people performed tities have expanded into the illicit trade in shadow work in the EU and up to 48 mil- waste and cheap labour,7 match-fixing and lion in the OECD... Shadow economy varies corruption in professional sport, and traf- between less than 8% of national income, ficking in human organs and legal/counter- and over 30% [of the same], in OECD coun- feit pharmaceuticals. More recently, these tries... there is no exact measure of the size of same criminals—and others—have infiltrat-

6 The Shadow Economy, Friedrich Schneider & Colin C. Williams, Institute of Economic Affairs (IEA), West- minster, London, 2013. 7 European Parliament resolution of 11 June 2013 on Organised crime, corruption and money laundering: “The total number of forced labourers in the Member States is estimated at 880,000, of whom 30% are estimated to be victims of sexual exploitation and 70% victims of forced labour exploitation.” 8 In April 2013, the Italian government confiscated $1.7 billion dollars in mafia assets, including 43 companies operating solar arrays and wind farms, all linked to the Sicilian mafia boss, Vito Nicastri, aka “the Lord of Wind”. Such practices hold huge appeal for the mafia as a result of huge grants, minimal regulation and instal- lation of alternative energies such as sun and wind in southern Italy. See OilPrice.com: “Renewable energy, the mafia’s newest playground.”

3 International Journal on Criminology ed a wide array of trades and professions, in- sure illicit trade, sector by sector, providing cluding public works, transport, mass retail, new tools able to combat the problem. This adult entertainment,8 alternative energy and is clearly an important goal but there is no even private security. shortage of obstacles. As we saw earlier, the criminal world 3.What Can We Do? And How Can We Do It is in many ways an unknown entity. Far from Effectively? the safe, clearly defined, unchanging practices of lawful pursuits, it is constantly shifting and ased on this new framework, what hiding its tracks: it has no long-term view. At can we do to better identify and com- any given time, it comprises an unstable mass bat illicit trade more swiftly? Efforts of opportunist predators, growing through Bin 2012 and 2013 have included identifying waves of repression and internal struggles; the broad scope of illicit trade activities, ad- chaotic by nature, it cannot be—and undoubt- dressing the need for data and information edly never will be—definitively measurable or sharing, identifying vulnerabilities, conduct- quantifiable, even at a fixed point in time. ing evidence-based research, combating illicit trade and transnational networks, quantify- Given these myriad, sudden changes, ing the market value of illicit trade activities it is impossible to extract any variables that on a sectoral and global basis, deepening an could then be compiled into a matrix, mod- understanding of the risks presented by trans- elled using algorithms or reproduced as so- national illicit networks and the interaction phisticated graphs. While regularity and fixity among illicit and legitimate flows of goods, are vital to the licit economy, with its accounts, people, capital and information, and the secu- financial statements and supply chains, these rity of the legitimate supply chain. same virtues are, by definition, a deadly threat So what has been the strategy so far? to any party operating outside the law, on a “Address the lack of good data and in- small or a large scale. Any criminal who be- formation on the impact of organised crime comes definite and stable—and therefore pre- and illicit trade... Fill the knowledge gaps... dictable—will soon find himself behind bars [Create a] methodology to measure the true (prosecuted) or dead (at the hands of rivals). economic cost of illicit trade to business- In short, it would be a mistake to pic- es, markets, economies and governments... ture global trade as a two-sided coin, with [Gather] quantitative data on the market val- “heads” illicit and “tails” licit. We must avoid ue of illicit trade activities on a sectoral and lapsing into a dual contradiction that would global basis... [Analyse] the extent to which stymie any progress: the legal and the illegal economy intersect in illicit trade... Increase private sector access • if we based the real need of the TF- to open-source data... Data and information CIT to detect and anticipate solely sharing... Deepen current understanding of on the retrospective collection of past the conditions that facilitate transnational il- data, licit markets... Mapping of the volume, flows • if future TF-CIT diagnoses ignored and trends of illicit traded goods... quantita- the (Darwinian) nature of organised tive metrics... pragmatic mapping tools, etc.” crime that leaves little scope for de- In short, the TF-CIT must draw up a tection and is hard to predict, without simple, clear methodology designed to mea- the right expertise.

4 Charting Illicit Trade: OECD Task Force In Action

As all experienced criminologists standpoint involves identifying the different are aware, we have no choice but to recog- manifestations of illicit trade. Part of this nise the mobile nature of organised crime: it process is to mention the diverse fields of is not a fixed entity but a moving target. Past activity that range from long-standing prac- data, no matter how methodically gathered, tices—such as the trade in drugs, arms and will give no indication of future criminal de- cars—to new, lucrative business areas like velopments. We must predict and prevent, the illicit trade in pesticides or medicine. anticipate and identify these developments Organised crime is undeniably spreading as early and as quickly as possible. more and more into these new areas. In Jan- The European Parliament made this uary 2012, Europol reported that the trade clear in a recent resolution (11/06/2013, op. in illegal and counterfeit pesticides had become one of the fastest-growing areas of or- cit., note 7), after 2 years of work and with ganised crime within the European Union the help of Italy’s top experts: “In order to (EU), driven by incentives such as the low defeat organised and Mafia-style crime... it risk of detection and the high level of prof- is necessary not only to react to such crim- itability. inal activity but also to make major efforts If the law wants to “sanction” these to prevent it...[and conduct] analyses seek- phenomena, it must provide the necessary ing to identify emerging organised crime tools to do so, with respect to offences un- trends.” der criminal law, investigative powers un- Mapping and measuring illicit flows der procedural law and effective legal assis- is clearly crucial yet is also retroactive. In ad- tance for cross-border cases. Tools such as dition, it is vital that we provide the TF-CIT clear offences and investigative powers have with a system of early detection of crimi- already been provided in many countries nal threats defined as anything that already but, as a general rule, they leave significant threatens companies and may threaten them scope for improvement. The problem is further tomorrow. This is a goal that our compounded by the existence of contrast- criminologists are able to achieve. They are ing methods of prosecution between the naturally at the disposal of the TF-CIT. 28 member states, which makes the fight Now let us consider the second ma- against illicit trade more difficult. Interna- jor field of work for the TF-CIT: analysing tional and European legal requirements are and taking account of illicit trade and relat- needed to ensure that these tools are pro- ed challenges for the law. vided, which the member states must trans- pose into national law—a process that can II–Illicit Trade and the Challenges often take several years, which is clearly a problem. for the Law Since criminal law can only be a last resort—ultima ratio—in penalising un- 1. What is Illicit Trade? wanted practices in a constitutional state, other areas of the law should not be disre- rime detection with regard to illic- garded. Trade restrictions must be clear- it trade is a challenge to the law in ly defined from a civil and administrative itself as the term initially describes standpoint, with violations punishable by Can unwanted phenomenon in first instance. fines or criminal prosecution as a last re- Detecting this phenomenon from a criminal sort. Any specific cases with regard to illicit

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trade must be given due consideration. That penalties. Any legal solution to such prob- involves determining to what extent trade lems can only succeed through a holistic in a commodity represents a danger to the approach. That means involving all play- civilian population. This danger point must ers—science, practice and economy—in the be attributed to the act of a person. At this problem-solving process to prevent the risks point, the law is tasked with declaring this related to illicit trade. Involving all stake- action illegal because of its threat and tak- holders requires the formation of groups of ing the relevant legal measures available. experts, which should discuss relevant is- The repacking of pesticides for trading pur- sues, perform risk analysis and develop rec- poses is a focal point in this respect given ommendations. Currently, this approach is the high risk that illegal goods be import- not fully enforced. To date, not enough ex- ed under the name of goods that belong to perts have been involved in law-related dis- the legitimate economy. The illegal trade in cussions. Law enforcement and its expertise medicine over the internet has also become should be included in research projects. It is a profitable operation because of the scope crucial to seek joint cooperation to analyse for anonymity and the distance between the the current threat situation and work out perpetrator and the victims. It falls to crim- solutions (recommended action plans). inal law to define the threat posed by such With regard to new forms of illicit practices. trade, such as drug crime, the law has so Empirical studies and experiences far been unable to comprehensively present can help determine whether such practices potential risks of abuse due to the increas- pose a danger. For example, driving under ing availability of mail-order medicine. As a the influence of alcohol or drugs is danger- result, it has also been unable to analyse the ous because of the potential harm to oth- resulting challenges for law-enforcement ers and the risk to other traffic on the road. agencies or target effective law-enforcement Similarly, the illegal possession of arms is strategies to combat internet-protected dangerous because of the inability to con- pharmaceutical crime. trol the spread of dangerous weapons; the One reason the law faces difficul- illegal arms trade is dangerous because of ties in coping with illicit trade is the partial the inherent increase in the uncontrolled lack of harmonisation of legislation. At the spread of dangerous goods. Criminal law very least, this affects the ability to process can define the threat of these actions with cross-border cases of illicit trade. Generally, incriminations and it could distinguish be- legal assistance only comes into effect if the tween abstract and concrete endangerment practice in question is punishable according offences, for example. to the “dual-criminality” principle in both the requesting and the requested states. Dif- 2. Challenges for the Law ficulties are encountered from the outset when investigating authorities are unfamil- here are many facets to this illic- iar with the relevant laws of other countries. it trade, which leads to the primary In addition, relevant regulations in some challenge for the law as it seeks to countries are scattered between numerous Tidentify and analyse threat points and then supplementary laws, which leads to signifi- implement solutions. These solutions can cant fragmentation. However, due to the EU range from prohibition on an administra- influence on market-controlled regulations, tive level to sanctions including criminal the legislature has chosen to apply highly complex methods of control in some key 6 Charting Illicit Trade: OECD Task Force In Action

areas such as the reference procedure for help to monitor relevant effects. This would criminal offences or fines. These methods involve identifying factors such as perpetra- of control should be called into question, tor structures, victim structures, damages, since they endanger “normative clarity” and related resources and distribution channels. therefore the deterrent effect of a norm. All This is empirical research. The purpose of of these difficulties have a huge impact on the database is to enable a targeted, efficient practical law-enforcement activities and and sustainable fight against illicit trade. may even impair them. Relevant standards governing Moreover, current harmonisation crimes and criminal procedure must also be measures within the EU also suffer from described, compared and evaluated through fragmentation and do not cover basic areas a three-tier approach comprising (1) na- such as the subjective aspect of an offence tional level; (2) level of the 28 EU member or the penalty system. Despite significant states; and (3) international level. In addi- improvements in legislative resources on tion, alternative models for prevention in an EU level by the European Parliament the fields of public law and private law must and Council following the Lisbon Treaty be established and evaluated. Cooperation to effectively tackle crime, including com- with the private economy is essential, given puter crime (see Article 83 of the Lisbon its importance in providing and developing Treaty), a unified criminal law within all effective security technologies. The private EU member states is not a realistic prospect economy can play a special role in expert in the immediate future due to limitations groups and develop technical solutions (e.g. in harmonising competences on minimum databases): we should use its “know-how” requirements. As a result, comprehensive to combat illicit trade. For example, tam- surveys based on the relevant criminal per-proof labelling can help to hamper the case norms and comparable law standards illicit trade in some products. will not lose their relevance. Nevertheless, Incentives for those involved in il- the current harmonisation of competences licit trade stem from the low risk of detec- should be used to achieve an improvement tion and the high level of profitability. Any in the legal situation, at least in the EU. attempt to change the circumstances in this area must start at these two facts: trading 3. Ways to Solve Legal Problems must be made unattractive; transactions must no longer be worthwhile and profits ach legal regulation must be based no longer reinvested. Such practices must on a comprehensive database in- be rendered unprofitable. Practical legal cluding all types of illicit trade. That regulations need to be created to eliminate Emeans compiling information on the cur- profits from illicit trade and remove them rent legal reality in terms of key perpetra- from the economic cycle. It is still possible tors and their structures in given areas of to impose commercial sanctions like the illicit trade. In Germany, for instance, the prohibition of further trade activity. land office of criminal investigations or the There are already legal instruments federal criminal police office could establish to achieve these goals and the EU has passed such a data bank on a national level. Eu- laws to prevent abuses. However, these tools ropol could compile the same resource on have proven too ineffective and their impact an international level. The introduction of on organised crime is uncertain. They need an indicator on forms of illicit trade would to be adapted according to demand.

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Illicit trade stretches beyond the margins while learning the tricks of active borders of the EU. Aspects such as criminal investors. The only difference is that its -ap structures, which can easily develop, and proach to dealing with competitors is some- less prosecution favour illicit trade outside what more “definitive” than in the conven- of the EU. Therefore, it is of particular im- tional economy. portance that we implement a human rights Through the “Yakuza recession” of treaty on an international level and establish the eighties, the US Savings & Loans crisis a common legal framework, as well as de- of the same period, and subsequent events veloping preventive models and strategies. in Mexico, Russian and Thailand, a series of To prevent the various forms of illicit trade, financial crises with criminal overtones has it is essential that prosecutors cooperate rattled the world’s biggest nations. All of this closely on a national and international level. has happened under the nose of seemingly oblivious central regulators, despite the fact III – Illicit Trade and Public Policies that though the International Monetary Fund estimates dirty money to represent he way in which policymakers re- somewhere between 1% and 5% of global spond to trafficking is often under- GDP. The criminal underworld has become mined by official hypocrisy. For a key player in international finance. Tmany years, offshore platforms were used to Criminal organisations started circumvent taxes and to support commis- small, to test the market. They began with a sions and kickbacks, while masking assets few hundred thousand francs before ramp- linked to criminal activities. Since deregu- ing up to the theft of several thousand bil- lation in the nineties, there has been an ac- lion euros after 40 years of honing their celeration in the collapse of financial sectors practices. Just like the Ponzi scheme that and the emergence of new contributors to will soon celebrate a century of swindling the shadow economy. and seems more effective than ever. What Despite—or perhaps because of— next? the 2008 crisis, criminal activities have be- With these different misappropri- come increasingly profitable. Illicit business ations of funds on a massive scale and the is little affected by economic shocks and is creation of the Bank of Credit and Com- free to select its markets, invest in R&D, merce International (BCCI),9 the criminal offer incentives to its top salespeople, de- sector had firmly established itself as a key velop catchment areas and reap significant economic player.

9 The Bank of Credit and Commerce International was founded in Pakistan in 1972 by Agha Hasan Abe- di, from a Shiite family, with ties to the richest Arabic and Pakistani families, including Saudi Arabia’s Bin Mahfouz family, Pakistan’s Gokal family and Abu Dhabi’s Gaith Pharaon family. BCCI Holding SA was registered in Luxembourg in 1972. BCCI SA was registered in the Cayman Islands in 1975. In 1988, the BCCI subsidiary in Tampa, Florida, was implicated in drug trafficking. In July 1991, BCCI filed for bankruptcy. Time magazine called it the “dirtiest bank of all”. During its investigation into the Noriega scandal, the Sen- ate commission chaired by future US presidential candidate Senator John Kerry noted that the BCCI was helping to launder money from the cocaine trade under General Noriega, president of Panama. In December 1992, senators John Kerry and Hank Brown, a Republican from Colorado, published The BCCI Affair, which covers the scandal and gives evidence of links between the BCCI and terrorist organisations. The report sug- gests the involvement of the Justice Department, the Treasury, customs and the Fed, along with influential lobbyists and the CIA (The BCCI Affair, Report to the Committee on Foreign Relations, United States Senate, Senator John Kerry and Senator Hank Brown, December 1992).

8 Charting Illicit Trade: OECD Task Force In Action Here and there, stretching to the bor- have little real effect on future practices. The ders of the Balkans, the United States, Leb- close ties between criminals and their banks, anon, the Persian Gulf and the UK, we are the oft-ignored or underestimated fraudu- discovering or at least seemingly discovering lent aspect of financial crises for at least half bank branches, subsidiaries and organisations a century… all of this is now coming to light. that are almost entirely used not only for con- Crime accompanies, amplifies and, at times, ventional laundering and manipulations of provokes financial crises. US Attorney Gen- markets and indices, but also criminal invest- eral Michael Mukasey’s 2008 warning that ments. organised criminals have penetrated the mar- An “official” industry used to finance kets should be taken as a clarion call. crime is now a reality. It draws on the meth- Crime and finance no longer simply ods and tools of conventional financial sys- coexist side by side. Global finance is no lon- tems. None of these is really an isolated issue. ger solely the victim of armed attacks or the Even if there is probably no centralised crime theft of information. Some have chosen to be organisation in place today, methods of coin bed with criminals and sometimes even operation are developing and the influence in engage in criminal activities. The potential Europe of criminal organisations based out- for profit has become a powerful incentive for side of Europe is growing. the growth in illicit activities, well beyond the More recently, the Europol’s Organ- scope of traditional “tax optimisation” which, ised Crime Threat Assessment (OCTA) un- for many well-established banks, was enough derscored the increasingly important input of to warrant the existence of offshore financial financial experts on matters related to crim- centres. inal activities, given the extent to which the Drawing up effective public policies race for profits extends beyond pure legal or requires an initial consensus on the under- moral considerations. lying issues that always impact on political The increasingly hybrid nature of decisions. We cannot successfully deal with criminal organisations, their ability to morph tax havens without first addressing the prob- into conglomerates covering more and more lem of commissions and kickbacks, especially sectors, their impact as a key player in times of from the arms trade. crisis, their ability to create new opportunities No tax haven can long withstand the and their new fields of activity are all contrib- determined action of major countries that are uting factors. There is no longer a single “grey the victims of such “optimisation”, now a fan- area” somewhere on the periphery: we now cy euphemism for fraud. However, that also face a Criminal Enterprise that has gone glob- means ensuring that these countries do not al and has succeeded—by slipping through all also have their own offshore/inshore opera- the chinks in the old world armour of back- tions and have enough foresight to check what ward-looking state control to establish itself as is on their own doorstep. one of the most powerful economic operators Dangerous fakes are part of the prob- on the planet. Moreover, “al-Qaeda tunnel vi- lem. There are three types: sion” has long handicapped the campaign to combat organised crime. 1. The “real-fake” (a genuine product sto- The process of corruption and wilful len from its usual distribution network, blindness on the part of many global financiers generally with the help of the manufac- is now visible and more often than not penal- turer, to avoid paying taxes, which ised. Yet it is done so through settlements that mainly threatens the public purse);

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2. The “fake-real” (a fake product validate the human intuition that is the only made to look like the genuine article, means of detecting and unearthing new de- generally to avoid paying fees with velopments and moving away from the ret- regard to copyright and trademarks, rospective approach that involves preparing which mainly threatens the original for the previous battle (already lost) instead manufacturer); of the next. 3. The “fake-fake” (a fake product that Today, the scale of the crisis has is useless or dangerous, which mainly closed that window of opportunity. We threatens the consumer). place restrictions on legal financial transactions while shadow banking expands un- Each of these fake products re- checked. We tax transactions and shadow quires a different response, along with in- trading thrives. This all occurs quite open- terest groups whose make-up cannot on the ly, of course, since governments are accus- face of it anticipate the bona fide nature of tomed to helping with one hand what they all participants. That means moving away hold back with the other. When both hands from ready-made public policies applied in move with the same sense of purpose, then a copy-and-paste fashion in favour of more the time for law and order will return. tailored policies, which will naturally in- To plan a consistent approach, the volve taking into account specific local re- introduction of an international agreement quirements. between major powers directly dealing with Public policy is not a lesson in mor- fraud would pave the way for a virtuous cy- als or ethics. Governments are not (yet) cle of initiatives. The United States, China, NGOs and are forced to juggle conflicting India, Russia, Germany, the UK, France, priorities. Should they build fewer diesel Italy, Turkey, Saudi Arabia, Canada, Bra- engines to protect citizens’ long-term health zil and South Africa could—at the request or—to prevent a crisis in the immediate fu- of the OECD—create an interest group to ture—grant major tax breaks for diesel ve- combat fraud and encourage international hicles and pump prices to protect an ailing organisations to introduce a binding sys- automotive industry? This is just one of tem of international negotiations, backed countless issues to be tackled. by a tool for early analysis and monitoring Priorities include hybridisation, of these issues, while at the same time re- drug addiction, food quality, fiscal traceabil- moving those systems that currently make ity, operational intelligence on a local level, it possible to escape government control. etc. These issues are handled with varying degrees of courage and willingness depend- ing on the date of the next election (which always seems too close). However, when the crisis erupts, we need to move with a sense of urgency. This provides a small window of opportunity to move forward and make up for lost time or a lack of action, resulting from weakness or fear. In this respect, new technologies have a crucial part to play. To validate or in-

10 International Journal on Criminology: Fall 2014, Volume 2, Issue 2 Does Policing Have an Impact on Homicides? Maurice CussonA

raditional police sociology has Most researchers who have studied shown little interest in the police’s the effectiveness of policing have limited relationship with crime rates. So- their research to a single country (most of- Tciologists have acted as if police and crime ten the United States) and over a relative- were two separate planets with no connec- ly brief period. Their results are not always tions between them. These sociologists have conclusive because they lack a way to mea- studied police culture and the use of force sure the quality of policing and because the by law enforcement officers, but it has nev- variations are not significant enough both er occurred to them to ask: What works in terms of homicide rates and the variables in terms of policing? Only with Sherman’s of policing. It is therefore important for re- research did the question “What works?” searchers to broaden their horizons to see start to be asked and answered with statis- what is happening in several countries and tics (Sherman and Berk 1984). Since then, over several time periods. The variations in research on the effectiveness of policing has policing and in homicides can thus become increased. And we now know better what much more significant. works to reduce crime, and what does not, The present article will answer to the as well as why (see the assessments by Sher- question posed in the title in four parts: man and Eck 2002; Braga and Weisburd 2010; Cusson 2010; Blais and Cusson 2008; • The first part will present the re- Sherman 2013). sults of a transcultural comparative In this article, I will review the cur- analysis that relates an indicator of rent state of knowledge related to the impact police performance measured in 77 of policing on homicide rates. These rates countries with the corresponding are a good indicator of the ability of police homicide rates. organizations to have an effect on violent • The second examines the main re- crime. Homicide is the most serious and sults of research into the remarkable most statistically measured of all crimes. Its decline in homicide rates in New different forms generally occur in tandem York following the well-known re- with other serious crimes, such as armed organization of the New York City robbery. Police Department (NYPD).

A International Centre for Comparative Criminology, University of Montreal 1 On this crisis see (in French) Jean-François Gayraud, "Crises Financières: la Dimension Criminelle" (Finan- cial Crises, the Criminal Dimension), Défense Nationale et Sécurité Collective, December 2008; Jean-François Gayraud, "La Dimension Criminelle de la Crise des Subprimes" (The Criminal Dimension in the Subprime Crisis), Diplomatie, Special Edition No. 8, April–May 2009 and (in English) Kitty Calavita, Henry N. Pontell, and Robert H. Tillman, "Big Money Crime, Fraud and Politics in the Savings and Loan Crisis", University of California Press, 1997. 2 On this crisis see Jean-François Gayraud, "Le Monde des Mafias, Géopolitique du Crime Organisé" (The Mafia World, Geopolitics of Organized Crime) (Odile Jacob, 2005 and 2008); Jean-François Gayraud, Crises Fi- nancières: la Dimension Criminelle (Financial Crises, the Criminal Dimension), Défense Nationale et Sécurité Collective, December 2008.

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• The third part will look back in his- 4. Police reliability: “To what extent do tory to ask: What effect did the es- you trust your police service to enforce tablishment of two major police the law?” organizations, in Paris in the seven- 5. Percentages of crimes reported to teenth century and in London in the the police by victims, a sign that people nineteenth century, have on homi- trust the police. cides? • The fourth and final part will list the Indicators of underdevelopment are reasons for the failure of policing known to correlate closely with homicide and the conditions that can make it rates in the world. For this reason, Paul- effective. Philippe Paré used a United Nations indicator of socioeconomic development in his I - Global Homicide Rates Vary in analyses, using the median income of citi- Inverse Proportion to Police Perfor- zens adjusted to the price of goods and ser- mance vices, life-expectancy, and access to educa- tion. First observation: the five elements orking with the “World Homi- that make up the indicator of police per- cide Survey” team, Paul-Philippe formance are in correlation with each other Paré (2013) wanted to know if and with homicide rates, with strong cor- Whomicide rates were related to a police per- relations from 0.59 to 0.74. Second obser- formance indicator inspired by the Van Dijk vation: a multiple regression analysis that indicator (2008). He examined the homicide includes the indicator of socioeconomic rates per 100,000 inhabitants for the years development in the model shows that po- 1998 to 2002 (data from the United Nations lice performance presents a significant ex- Office on Drugs and Crime (UNODC)). The plained variance of 0.52 and the indicator of indicator measuring police performance was socioeconomic development ceases to reach drawn from the responses obtained from the level of significance. international surveys of victimization and The correlations and regression other surveys of corruption on the percep- analysis confirm the hypothesis that the po- tion of the police, and on the percentages of lice can reduce homicides if they are honest crimes reported to the police by victims. Re- and gain the trust of citizens. When citizens sponses to five questions were combined to have a favorable attitude towards the police, create this indicator of police performance: they are more inclined to call 911 when they are the victim of a crime and to cooperate 1. Corruption: Do police officers in the with the police. As a result, police officers country ask citizens for bribes? receive regular information from victims 2. Public satisfaction: “Are you satisfied and the general public about crime rates. with the way your local police force And clearance rates will also tend to be high, does its job?” which has a deterrent effect on individuals 3. Victim satisfaction is measured us- who might consider killing someone. ing the same question.

3 On this transition see Joseph Stiglitz, "Quand le Capitalisme Perd la Tête" (When Capitalism Loses its Head) (Fayard 2003); Joseph Stiglitz, La Grande Désillusion (Globalization and its Discontents) (Fayard 2002).

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II - New York’s “Success Story” Can representation of movements in crime rates Be Explained by the NYPD’s New and their distribution—very precise targets Strategy were identified. Performances were evaluated and police officers who dragged their n terms of police effectiveness, one of feet were demoted. Crime hot spots in the the most remarkable and most analyzed city were identified and studied (Silverman evolutions is the significant drop in 1999). Icrime rates in New York during the 1990s Several studies have demonstrat- and 2000s. During this period, the rates of ed that improved police performance was robbery, breaking and entering, rape, and at the origin of the drop in crime rates in homicide dropped by almost 80%. In 1990, New York. Zimring (2006 and 2012), after homicide rates in the city were at 30.7 per eliminating all other hypotheses for the 100,000 inhabitants; in 2009, they had fallen drop in crime rates, related it to five police to six per 100,000 inhabitants. It is also true improvements: 1) vigorous police action that crime rates dropped in the United States against crime hot spots and drug markets; and in Canada over the same period. Be that 2) “aggressive” policing; 3) the questioning as it may, New York City is distinct in having and frisking of suspects caught for disorder- a drop in crime rates that was twice as great ly conduct or minor offences, which led to as other American cities (Zimring 2012, 5, disarming criminals who carried firearms; 16, 29, 36; Zimring 2006). 4) the increase in the size of the police force; The leading criminologists who and 5) the implementation of CompStat (a have studied the drop in crime in New York system for the rapid analysis and visualiza- attribute it to the reorganization of the city’s tion of the distribution of criminal activity police force under the impetus of its chief, in time and space). Bratton, who took office in 1994. The new Besides Zimring, two teams of commissioner entered his post with the goal criminologists attempted to answer the fol- of fighting crime, a priority that was tak- lowing question with the help of statistics: en all the more seriously because both Gi- Have police operations against disorders re- uliani, the mayor of New York, and Bratton duced crime rates in New York? Rosenfeld agreed it was possible to reduce crime rates et al. (2007) established that, all things being despite structural factors. The new commis- equal, the more penalties for disorders in- sioner put in place a style of leadership that creased in a precinct of a city, between 1998 gave responsibility to the commanders of and 2000, the more homicides and robber- local precincts. During meetings where the ies tended to decline. For their part, Mess- criminal problems of each precinct of the ner and his colleagues (2007) were able to city were examined with the aid of the Com- obtain data broken down for 74 precincts of pStat system—which allowed for real-time the city for the years ranging from 1990 to

4 On this crisis see a number of articles by Jean-François Gayraud: "La Dimension Criminelle de la Crise des Subprimes (The Criminal Dimension of the Subprime Crisis),Diplomatie , Special Edition No. 8, April–May 2009; "Crises Financières: la Dimension Criminelle Un An Après" (Financial Crises, the Criminal Dimension One year On), Défense Nationale et Sécurité Collective, December 2009; "Capitalisme Criminel: Subprimes ou Subcrimes?" (Criminal Capitalism: Subprime or Subcrime?), Cité, No. 41, PUF, March 2010. 5 See Noël Pons, "La Crise des Subprimes: une Aubaine pour les Criminalités?" (Subprime Crisis: A Bonanza for Criminals), Cahiers de la Sécurité, No. 7, January–March 2009.

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1999. Their analysis of the changes in each Enlightenment, and the criminalization of of the variables examined year by year and violence (Elias 1939a and b; Eisner 2003; neighborhood by neighborhood showed Muchembled 2008; Spierenburg 2008; Pink- that the increase in the number of penal- er 2011). Unfortunately, these explanations ties for disorders reduced the number of remain at a very abstract level and say little robberies and homicides committed with a about the way that social actors had a con- firearm, but had no influence on homicides crete impact on reductions in violence and without firearms. what institutions contributed to this paci- How did the strategy implemented fication of manners. Two important mo- by Bratton have an impact on homicides? ments in the history of European policing, First, by disarming armed robbers, dealers, however, give us reason to believe that this and other criminals, they then committed reduction in homicides is, at least in part, many fewer murders during robberies, ar- due to progress in policing. guments, or fights. Second, targeted police Thus, the creation in 1667 of the operations disrupted criminal networks. police lieutenancy in Paris under Lou- Third, heightened pressure from increased is XIV can be seen as a major moment in police checks probably led many delin- the modernization of the police and its es- quents to abandon their criminal career or tablishment as a strong institution distinct at least commit fewer misdemeanors and from the judicial system. Before that time, crimes. the sergeants of cities and other personnel responsible for enforcing judicial decisions III - Between the Seventeenth and were few in number, often corruptible, and unable to arrest notorious criminals be- Nineteenth Centuries, the Emer- cause power relationships were not in their gence of Strong Police Organiza- favor. As soon as the police lieutenancy was tions Was Followed by a Drop in put in place, the agents and commissioners Homicides of this organization had sufficient numbers and were organized enough to intervene in t is now common knowledge that ho- brawls, prevent criminal behavior (in par- micide rates decreased considerably in ticular by lighting the streets of Paris), or- Europe between the fifteenth and twen- ganize an effective information system, and Itieth centuries. The sizeable volume of work arrest any group of criminals (Saint-Ger- by historians and criminologists has estab- main 1962; Lebigre 1993 and 2005). lished that homicide rates in medieval Eu- After 1667, the policing model es- rope were at the level of 40 per 100,000 in- tablished in Paris spread to the other major habitants, while in Western Europe today it cities in France. It is certainly not by chance is between one and three per 100,000 inhab- that homicide rates in France in the eigh- itants (Eisner 2003). This progress towards teenth century were much lower than during nonviolence has been explained in very the preceding centuries: approximately two broad terms as the civilizing process, the per 100,000 inhabitants in the few regions of monopolization of violence by the state, the France for which records were kept (Nassiet progress of the rule of law, the development 2011, 298). of self-control, the rise of humanitarianism, In England, the policing situation the pacification of conflicts by municipal before the nineteenth century was not very authorities, the progress of reason and the different from the situation in France before

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1667. There were few constables, they lacked of proactive policing. Finally, I asserted that the backing of a strong hierarchy, and they the establishment of the police lieutenancy were easily corrupted and often intimidat- in Paris during the seventeenth century and, ed by determined criminals. The history of two centuries later, the Metropolitan Police the creation of the Metropolitan Police of of London were followed by reductions in London in 1829 is well documented. It was homicide rates. The reasons for police fail- a new organization of police officers with ures as well as the conditions for police ef- better pay and independent of judicial au- fectiveness can both be identified by taking thority. The instructions given to this new these results into account as well as other police stipulated that its goal was first and recent discoveries on the subject (Sher- foremost prevention. The new constables man and Eck 2002; Cusson 2010; Braga and wore a uniform; they were required to act in Weisburd 2010; and Sherman 2013). a civil manner; they did not carry firearms; In the following section, I will exam- and they were sparing in their use of force. ine how policing success in dealing with ho- Discipline was rigorous and officers were micides and crime rates in general requires supported by the organization. Over time, a response to four major problems that these police officers, very present in places the police have faced in past centuries and where brawls could occur, were accepted by that they still face today in many countries the public (Reith 1952 and 1956; Critchley around the world: 1) police corruption and 1972; Emsley 1983, 1991, and 2005; Rawl- public distrust of the police; 2) intimidation ing 2003). The policing model established suffered by the police; 3) the routine passivi- in London quickly spread to the rest of En- ty of police officers and their hierarchy; and, gland. It is not without interest to note that 4) police resources spread too thin. after this new police was put in place and spread to the rest of the country, crime rates, 1) From Corrupt Police to Intelligence-led including homicide rates, recorded a very Policing significant drop (which is very well documented by Gatrell 1980). e have seen how Paré’s analysis (2013) of the World Homicide IV - Explaining the Successes and Survey data established that Wcountries with high homicide rates tend to Failures of Policing suffer from police corruption and public he research mentioned above dissatisfaction, which leads people to report demonstrates that police officers fewer of the crimes of which they are vic- who enjoy good standing with the tim to the police. It is common knowledge Tpublic are successful in reducing homicide that, before 1990, the New York police were rates in some countries and during certain rocked by several scandals that called the in- periods, while at other times and in differ- tegrity of NYPD officers into question (Sil- ent countries, police with low approval rat- verman 1999, 31-62). Finally, French and ings fail at keeping the peace and security. English historians have often mentioned the We have also learned that in New York, be- corruptibility of city sergeants in France and fore the 1990s, the police were being power- constables in England in the fifteenth and less, which led to higher levels of violence. seventeenth centuries, periods that were Then, with the reorganization of the NYPD, characterized by their high numbers of ho- homicide rates dropped under the pressure micides. 15 International Journal on Criminology

It is easy to see how corruption cor- 2) Who Fears Whom? relates to homicide rates. Police officers who spend their time collecting bribes have istory tells us that during periods little time left for fighting crime; they are marked by high homicide rates, disdained by citizens who refuse to call on city sergeants and constables were their services, give them information, or co- Hin a weak position compared with criminal operate with them. Corrupt police officers groups. Thus in Paris before 1667 and in cut themselves off from the community. London before 1829, sergeants and consta- This can be seen in countries like Colombia bles were few in number, often worked alone, and Mexico: victims refrain from calling the and were not part of a powerful organization. police, saying that nothing can be expected When confronted by a determined criminal from them and that they risk being extort- group, they were forced to retreat. Moreover, ed (Gomez del Prado and Cusson 2012). On they did not possess enough force to arrest the opposite end of the spectrum, in a safe armed and recalcitrant criminals (Lee 1901; country like Japan where the homicide rates Gonthier 1993; Beattie 2001; Gauvard 2005). are very low, the police have a symbiotic re- At the time, the entire repressive apparatus lationship with the community. We know lacked the means to overcome criminal ele- that in this country, small neighborhood ments. The magistrates were also the object police stations (Koban) are spread through- of threats and did not dare pass judgment out all sectors of the city and encourage against criminals protected by powerful communication with citizens. Police offi- men. Still today, in several countries in South cers are respected; they have excellent rela- America and Sub-Saharan Africa, police offi- tionships with the public, which voluntarily cers, judges, and prison authorities have nei- provides any information requested (Bayley ther the means nor the force necessary to im- 1991; Parker 2001; Uranaka 2010; Uranaka pose themselves on determined and armed and Cusson 2012). criminals. Thus, homicide rates remain high The exchange of information be- in these countries. In short, homicide rates tween police and citizens can be seen as remain high when police officers and judges the first step in “Intelligence-led Policing.” are in a position of weakness in relation to In fact, the first source of police informa- criminals and are intimidated by them. tion remains the information provided by This situation is in contrast with what victims, their family and friends, and in- we know about the police and the justice sys- formants. One of the conditions for this ex- tem in countries with low homicide rates. change of information is a climate of mutual These countries have structured and disci- trust between police and citizens. plined police organizations with sufficient In the case of murder, police officers numbers of personnel, who can be mobilized who are in constant contact with the public to provide an advantageous show of force in will have a better chance of receiving use- the event of clashes. Under these conditions, ful information to arrest the guilty party. In police officers are able to solve many crimes, the case of brawls or if an individual makes arrest the perpetrators, and exercise a deter- serious death threats, a police force that is rent effect. seen in a positive light by the public will be In brief, homicides become rare called in and can put a stop to the violence during periods and in countries where police or neutralize the dangerous individuals. officers and judges are free of fear and able to spread fear among criminals.

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3) From Passive Resignation to “Problem-Ori- and Bond 2008; Clarke and Goldstein 2002; ented” Policing Weisburd and Braga 2006; Sherman 2013). We can therefore make the claim that n New York, before Bratton’s arrival in qualified police personnel trained in solv- 1994, most senior officers and officers ing problems can implement solutions that of the NYPD were resigned to passive- reduce violent crime and other problems Ily witnessing the rise in crime, which they which, if they were to degenerate, could go attributed to factors beyond their control, as far as homicide. such as poverty, unemployment, and the breakdown of the family unit. High levels 4) From Being Spread Thin to “Hot Spot of violence were seen as fate, against which Policing” they were powerless. With Bratton, this resignation was cast aside and criminality was tandard practice among most police seen as a problem that could be solved. This forces is to distribute police presence reversal was not unique to New York. It also relatively equally over an entire city. took place in several other cities in the Unit- SExcess law enforcement forces are concen- ed States and Canada. It was driven by pub- trated in a particular area more in response lic and government frustration as well as the to pressure from interest groups than in re- emergence of “problem-oriented policing.” action to a concentration of misdemeanors The fundamental idea behind prob- and crimes. Often, urban sectors that have lem-oriented policing is that police officers the greatest need for a strong police presence should not content themselves with enforc- receive fewer personnel than other places. ing the law and obeying orders; they should This practice has led to an ineffective disper- be able to identify problems that pose a threat sal of security means and is now subject to to the security of their sector, take care to de- criticism. In fact, Sherman et al. (1989) have fine them clearly, and then examine the solu- shown that 50% of calls to 911 in an Amer- tions that have the best chances of resolving ican city came from 3% of the postal ad- the problem defined. This model of action dresses and intersections of the city. Similar leads police actors to have a more pragmat- results have been reproduced in other Amer- ic function than a legalistic one (Goldstein ican and Canadian cities (Braga 2005; Braga 1979, 1990). and Weisburd 2010; Nagin 2013). Problem-oriented policing has As a practical consequence of these gained a large following in the United States, observations, it is more cost-efficient to target the United Kingdom, and Canada. The Cen- crime “hot spots” and direct more means to ter for Problem-Oriented Policing widely them than elsewhere. And the effectiveness publishes a series of more than 90 guides, of this line of action has been verified: high each dealing with a specific problem. The concentrations of police forces in the form Center’s site receives more than 10,000 visits of targeted patrols or even “crackdowns” in each month. Most senior officials from the areas of high criminal concentration reduce police services of the major American cities crime rates in a measurable manner (Cus- are familiar with problem-oriented policing son and La Penna 2007; Braga and Weisburd and many officers endeavor to apply this 2010; Nagin 2013; Sherman 2013). method. Evaluations show that when po- The targeting principle has been lice operations are planned and implement- extended to other forms of criminal con- ed using this method, results follow (Braga centration besides hot spots. It is therefore

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recommended to target days and times of us understand why homicides dropped in increased criminal activity, repeat offend- New York during the 1990s and 2000s and ers, and repeat victims (Sherman 2013). why homicide rates are much higher in the Once one of these targets is identified as a United States than in the rest of the West- priority, it must be analyzed to determine ern world (Cook 2013). the concrete factors and modalities, then Surveillance and deterrence. The different possible solutions must be devel- vigilant presence of patrols in high crime oped to determine which is best suited and areas, frequent stops, surveillance technol- presents the best chance of being effective. ogy like video surveillance, and arrests increase the perceived risk of punishment. V - Conclusion: How? Protect vulnerable people and places. Access controls, bulletproof glass, bullet- ost criminologists who deal with proof vests, and bodyguards are some of the means used to protect areas at high risk the impact of policing on crime of crime and people exposed to aggression. rates tend to attribute it to high These means are mainly used by private se- Mpercentages of solved crimes. Yet there is curity companies, but public policing can much more involved in policing: preven- use them as well. tion, surveillance, inspections, protection Resolve conflicts. When police offi- of potential victims, and conflict resolution cers dispatched by a 911 call intervene to (Cusson 2010). prevent a brawl, domestic violence, alter- Prevent. One of the first important cations, or a fight from escalating, they are initiatives of the Paris police lieutenant un- contributing to the peace and can prevent der Louis XIV was to light the streets. The homicides. change from almost complete darkness to lighting (albeit rudimentary lighting) made bandits vulnerable to the night watch and allowed pedestrians to see potential ag- References gressors coming. On the other side of the English Channel, when the British govern- Bayley, David H. 1991 (1976). Forces of Or- ment decided to create the Metropolitan der: Policing Modern Japan. Berkeley: Uni- Police of London, its preventive role was versity of California Press. explicitly set out in its mission statement (Critchley 1972). Beattie, John M. 2001. Policing and Punish- In New York, Boston, and many ment in London 1660–1750. Urban Crime other American cities, the police practice of and the Limits of Terror. Oxford, UK: Ox- stopping and checking any suspicious indi- ford University Press. vidual in a hot spot, and questioning and frisking him or her had two effects: a consid- Blais, Étienne, and Maurice Cusson. 2007. erable number of illegally carried firearms “Les Évaluations de l’efficacité des inter- were confiscated and criminals developed ventions policières: les résultats des syn- the habit of leaving their guns at home. The thèses systématiques.” In Traité de sécurité claim “more guns, more homicides” is no intérieure, eds. Maurice Cusson, Benoît longer valid. The more pistols and revolv- Dupont, and Frédéric Lemieux. Montreal: ers are available and close at hand, the more Hurtubise HMH. homicides will be committed, which helps

18 Does Policing Have an Impact on Homicides?

Braga, Anthony A. 2005. “Hot Spots Policing Cusson, Maurice, and Eric La Penna. 2007. and Crime Prevention: A Systematic Review “Les Opérations coup-de-poing.” In Traité of Randomized Controlled Trials.” Journal of de sécurité intérieure, eds. Maurice Cusson, Experimental Criminology 1 (3): 317-342. Benoît Dupont, and Frédéric Lemieux. Mon- tréal: Hurtubise HMH, 569-584. Braga, Anthony A., and Brenda J. Bond. 2008. “Policing Crime and Disorder Hot Spots: A Eck, John E., and Lawrence W. Sherman. Randomized Controlled Trial.” Criminology 2002. “Policing for Crime Prevention.” Ev- 46 (3): 577-608. idence-Based Crime Prevention, eds. Law- rence W. Sherman, David P. Farrington, Braga, Anthony A., and David L. Weisburd. Brandon C. Welsh, and Doris L. MacKenzie. 2006. “Problem-Oriented Policing: The Dis- London: Routledge, 295-329. connect Between Principles and Practice.” In Police Innovation, eds. David Weisburd, and Eisner, Manuel. 2003. “Long-Term Histori- Anthony A. Braga. Cambridge, UK: Cam- cal Trends in Violent Crime.” In Crime and bridge University Press, Cambridge Studies Justice: An Annual Review of Research 30, ed. in Criminology, 27-43. Michael Tonry. Chicago, IL: The University of Chicago Press, 83-142. Braga, Anthony A., and David L. Weisburd. 2010. Policing Problem Places. Oxford, UK: Elias, Norbert. 1973 (1939a). La Civilisation Oxford University Press. des moeurs. Paris: Calman-Lévy.

Clarke, Ronald V., and Harold Goldstein. Elias, Norbert. 1975 (1939b). La Dynamique 2003. “Reducing Theft at Construction Sites.” de l’Occident. Paris: Calman-Lévy. In Analysis for Crime Prevention. Crime Pre- vention Studies 13, ed. Nick Tilley. Monsey, Emsley, Clive. 1983. Policing and its Context, NY: Criminal Justice Press. 1750–1870. London: MacMillan Press.

Clifford, William. 1975. Crime Control in Ja- Emsley, Clive. 1996 (1991). The English Po- pan. Lexington, MA: Lexington Books. lice: a Political and Social History. London: Longman. Cook, Philip J. 2013. “The Great American Gun War.” In Crime and Justice in America, Emsley, Clive. 2005. Crime and Society in En- 1975-2025. Crime and Justice: An Annual Re- gland, 1750–1900. London: Longman. view of Research 42, ed. Michael Tonry. Chi- cago, IL: The University of Chicago Press, Gatrell, V.A.C. 1980. “The Decline of Theft 19-74. and Violence in Victorian and Edwardian England.” In Crime and the Law, the Social Critchley, Thomas A. 1972.A History of Po- History of Crime in Western Europe since lice in England and Wales. London: Consta- 1500, eds. V.A.C. Gatrell, Bruce Lenman, ble. and Geoffrey Parker. London: Europa.

Cusson, Maurice. 2010. L’Art de la sécurité, Gauvard, Claude. 2005. “La Police avant la les enseignements de l’histoire et de la crimi- police, la paix publique au Moyen Âge.” In nologie. Montreal: Hurtubise HMH. Histoire et dictionnaire de la police du Moyen

19 International Journal on Criminology

Âge à nos jours, eds. Michel Aubouin, Ar- in America, 1975-2025. Crime and Justice: naud Teyssier, and Jean Tulard. Paris: Rob- An Annual Review of Research 42, ed. Mi- ert Laffont. chael Tondry. Chicago, IL: The University of Chicago Press, 199-264. Goldstein, Harold. 1979. “Improving Polic- ing: A Problem-Oriented Approach.” Crime Nassiet, Michel. 2011. La Violence, une his- and Delinquency 25: 236-258. toire sociale. France, XVIe–XVIIIe siècles. Seyssel, France: Champ Vallon. Goldstein, Harold. 1990. Problem-Oriented Policing. New York: McGraw-Hill. Paré, Paul-Phillippe. 2013. “La Police et l’homicide: une comparaison internation- Gómez del Prado, Grégory, and Mau- al.” In Traité des violences criminelles, eds. rice Cusson. 2012. “La Logique interne du Maurice Cusson et al. Montreal: Hurtubise meurtre et de la peur en Colombie.” Revue HMH. Internationale de Criminologie et de Police Technique et Scientifique 65, 2. Parker, L. Craig. 2001. The Japanese Police System Today: an American Perspective. To- Gonthier, Nicole. 1998. Le Châtiment du kyo: Kodansha International. crime au Moyen Âge: XIIe-XVIe siècles. Rennes, France: Presses universitaires de Pinker, Steven. 2011. The Better Angels of Rennes. Our Nature. New York: Viking.

Lebigre, Arlette. 1993. La Police: une histoire Rawlings, Philip J. 2003. “Policing Before sous influence.Paris: Gallimard. the Police.” In Handbook of Policing, ed. Tim Newburn. Cullumpton, UK: Willan. Lebigre, Arlette. 2005. “La Genèse de la police moderne.” In Histoire et dictionnaire Reith, Charles. 1952. The Blind Eye of Histo- de la police du Moyen Âge à nos jours, eds. ry. London: Faber. Michel Aubouin, Arnaud Teyssier, and Jean Tulard. Paris: Robert Laffont. Reith, Charles. 1956. A New Study of Police History. London: Oliver and Boyd. Lee, W.L. Melville. 1971 (1901). A History of Police in England. Montclair, NJ: Patterson Rosenfeld, Richard, Robert Fornango, and Smith. Andres F. Renfigo. 2007. “The Impact of Order-maintenance Policing on New York Messner, Steven F., et al. 2007. “Policing, City Homicide and Robbery Rates: 1988– Drugs, and the Homicide Decline in New 2001.” Criminology 45 (2): 355-384. York City in the 1990s.” Criminology 45 (2): 385-414. Saint-Germain, Jacques. 1962. La Reynie et la police au Grand siècle. Paris: Hachette. Muchembled, Robert. 2008. Une histoire de la violence. Paris: Seuil. Sherman, Lawrence W. 2013. “The Rise of Evidenced-based Policing: Targeting, Test- Nagin, Daniel S. 2013. “Deterrence in the ing, and Tracking.” In Crime and Justice in Twenty-First Century.” In Crime and Justice America, 1975–2025. Crime and Justice: An

20 Does Policing Have an Impact on Homicides?

Annual Review of Research 42, directed by ga. Cambridge, UK: Cambridge University Michael Tondry. Chicago, IL: The Universi- Press, Cambridge Studies in Criminology, ty of Chicago Press, 377-452. 225-244.

Sherman, Lawrence W., and Richard A. Zimring, Franklin E. 2006. The Great Amer- Berk. 1984. “The Specific Deterrent Effect of ican Crime Decline. Oxford, UK: Oxford Arrest for Domestic Assault.” American So- University Press. ciological Review 49 (2): 261-271. Zimring, Franklin E. 2012. The City that Be- Sherman, Lawrence W., and John Eck. 2002. came Safe. Oxford, UK: Oxford University “Policing for Crime Prevention.” In Evidence Press. Based Crime Prevention, eds. Lawrence Sherman, David P. Farrington, Brandon C. Welsh, and Doris L. MacKenzie. London: Routledge.

Sherman, Lawrence W., Patrick Gartin, and Michael E. Buerger. 1989. “Hot Spots of Predatory Crime: Routine Activities and the Criminology of Place.” Criminology 27: 27- 55.

Silverman, Eli B. 1999. NYPD Battles Crime. Boston, MA: Northeastern University Press.

Spierenburg, Pieter. 2008. A History of a Murder. Personal Violence in Europe from the Middle Ages to the Present. Cambridge, UK: Polity Press. Uranaka, Chikao. 2010. Police et contrôle social au Japon. Paris: L’Harmattan.

Uranaka, Chikao, and Maurice Cusson. 2012. “Japon: homicides, suicides et con- trôles sociaux.” Revue internationale de criminologie et de police technique et scientifique 5, LXV, 2.

Van Dijk, Jan. 2008. The World of Crime. Thousand Oaks, CA: Sage.

Weisburd, David L., and Anthony A. Braga. 2006. “Hot Spots Policing as a Model for Po- lice Innovation.” In Police Innovation, eds. David L. Weisburd, and Anthony A. Bra-

21 International Journal on Criminology: Fall 2014, Volume 2, Issue 2 Cyberbanging: When Criminal Reality and Virtual Reali- ty Meet François HautA

n March 2013, two NYPD officers, pho- transparency that would surprise the most tographs of whom had been published committed Internet geek, as they terrorize on Instagram with “Wanted” notices, the population in their neighborhoods and Iwere offered up for judgment and prosecu- conduct their ruthless wars. These have been tion by gangbangers. The label read: “The a reality for years. 50z wants these pigs’ heads,” and prospective We are faced, therefore, with a para- candidates for the murder were encouraged dox: criminal activities which require great to “empty their magazine into them.” This is secrecy in order to succeed, alongside an out- cyberbanging. landish need for notoriety for the individual In France, there is much talk of cy- or for the group to which he belongs. bercrime, less about cybertactivism. There This produces a virtual image of gang is never any mention of cyberbanging: gang- life—almost an intimate portrait—which banging on the Internet. might lead non-members to believe that they Gangbanging is the criminogenic ac- are almost a part of it. It can be a short step tivity of criminal street gangs. Cyberbanging for noninitiates. is the convergence of the virtual world with We can also see the benefits of mass the tangible criminality of these criminal awareness in terms of increased “prestige” for gangs. individuals, and the degree to which it rein- The criminal world is generally asso- forces the attractions of gang life, but we can ciated with being discreet and secretive, and also appreciate the intrinsic risks for those holding conspiratorial meetings. This is not who are dazzled by it. the case with criminal gangs, and never has In order to understand this phenom- been. They have always had a high profile, enon, we will first provide an overview of the because each gang-member has to perma- social media used, then what is found there nently demonstrate his pride in belonging and why. We will then look at the crimino- to his gang. Such demonstrations are every- genic effects of cyberbanging, and finally, where, including now on the Internet. what it means for combatting gangs violence. On Facebook and Twitter, as well as on Instagram, YouTube, and MySpace, we see I - A Brief Typology of Social Net- it all the time: gang-members who are com- works pletely at ease with revealing their faces as they show the symbols of gang membership, hile gangs have long used the In- brandishing firearms, sharing drugs, wads of ternet in the form of websites, the banknotes, and girls. appearance of social networks It is true that we live in an open dig- Whas given them the opportunity to develop ital world, but gang-members as a section their imagination in other directions. of the population operate with a degree of

A Head of the Department for the study of the Contemporary Criminal Menace, Université Panthéon-Assas, Paris

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Under the heading “social network,” measuring the impact of their communica- we find diverse means of communication tions, of whatever kind. which, in broad terms, use the Internet: One example is WhoTalking, which magazines, forums, blogs, micro-blogs, provides instantaneous information on wikis, podcasts, photo-, video-, and mu- what is happening on the most common- sic-sharing sites, to mention a few. The list ly-used networks, across the world, on any is almost infinite. subject, and in any language. Access to these social networks is For example, when a while back we made easier with a smartphone, more than entered the search term “Secte Abdoulaïe” using a computer, but this also varies de- into WhoTalking, we were able to find very pending on the applications used. specific information about the activities of They can be placed in the following that large north of Paris gang of the 1990s broad categories: (and probably later), as well as photographs of some of their “heroes.” The document en- – collaborative sites, like Wikipedia; titled “Sarcelles Storie” (sic), retraces their – blogs, forums requiring a password, exploits, and gives details of their special- and micro-blogs, which are often open ties, the areas of operation, and the periods (for example, Twitter); of activity of “notorious” gang-members… – information sites, like Leakernet all as told by one of the gang-members. A and Digg; trip down Memory Lane! Very informa- – video and photo sites, like YouTube, tive… Flickr, Instagram; – networking software, like Facebook II - Developing Influential Commu- and LinkedIn; nications – computer games, like World of War- craft, or system-specific ones, such as angs have always needed to make Grand Theft Auto and Call of Juarez; themselves known and express – virtual worlds, like Second Life; and themselves, for a range of reasons. – systems comparable to convention- GCommunications have, therefore, always al telephony, like Skype and Viber. been an important aspect of this type of organized crime. These different social networks are At the gregarious level, there is a not used in the same way or for the same need to show how powerful the group is, purposes, and only some are used by crimi- its domination of its neighborhood or ter- nal street-gangs. ritory, to make it known what the gang has These are evidently MySpace, the done, or what its goals are. Intimidate… oldest network, which goes back to 2003, For individuals, it is a matter of Facebook, Twitter, In-stagram, YouTube, and showing one’s courage by challenging en- Flickr. But new competitors are appearing, emies, of earning respect, or establishing such as Google+, or thematic ones, which one’s reputation. are also of interest to the gangs. This influential type of communica- To these we must add a separate cat- tion has been seen everywhere in the form egory—softwares that enable research into of graffiti. It happens all over the world with what is being said on the networks. This this relatively simplistic and spontaneous is clearly important for gangs, who enjoy criminality. 23 Cyberbanging: When Criminal Reality and Virtual Reality Meet

In Los Angeles, graffiti is known do have a fundamental difference: the speed as the “journal of the street” and gang- and simultaneous nature of their broadcast- bangers—as well as cops—were used to ing. “read the walls” to understand what was In order to read graffiti, you have to going on. Graffiti can still be found in the walk in front of it, even if that does not hap- streets there, but in general, the police and pen by chance; yet the Internet is immediate community associations clean them off after and inclusive. You can be sure that the infor- photo-graphing them and adding them to a mation will reach all, or near-ly all, intended database, when resources allow, since they recipients immediately. still represent use-ful information. Large-scale social media are used If not replacing graffiti, cyberspace to channel influential communications widens and boosts the impact of this com- from gangs, but so too are all other means munication, without noticeably changing its of transmission, including, of course, ver- fundamentals or its aims. bal exchanges between people via Skype or The objective is the same: to trans- Viber, which are said to be discreet, and more mit information which enhances the group difficult to intercept than the telephone…es- and its members, and let everybody know, pecially if you keep changing your software, especially their enemies, of their mood, in- or use protection such as a VPN (virtual pri- tentions, and grievances. Communi-cations vate networks) and encryption! All of these may include photos or videos in which they enhance criminal activities. show their weapons in order to demonstrate their strength, but sometimes might also III - Tools for Criminogenic Gang show that a girl from an enemy gang has Activities become the girl-friend of a member of their gang. This is a kind of provocation or intim- angs have always followed techni- idation. cal developments in their criminal They aim to give out information activities, either to use them, or to about recent developments involving the Gmake a profit from them. gang, the territories it has won, the success- We have seen them equip themselves es it has had in its operations, and it is often with pagers or beepers, which were used as the case that such communications take the tools for organizing the distribution of nar- form of a “gangsta rap,” performed by a rap- cotics as much as for communication. per in the group, whose job it is to send out We have seen them steal and clone messages. early cell-phones, those without SIM cards, Gang-members also use social me- in order to sell them or rent them out, but dia to make it known that they are part of also to organize their operations while using a particular gang, in order to back up their somebody else as cover. personal reputation, or to secure their place We have seen them use the first In- in the group by relating their part in some ternet telephony systems, with MagicJack violent act, or by reporting imminent dan- devices. ger, either from the police or some other Gangs have always been on the look- source. out for ways to keep in touch in order to While their objective is clearly the coordinate their actions and organize their same as that of the graffiti, social networks own protection.

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The networks on the Internet have store is looted of its entire stock. changed the nature of the relationship: not In contrast, accolades glorifying the only can gang-members swiftly communi- gang are more readily expressed through cate with each other, but they can also under- “gangsta rap” in its aggressive, provoking take group communication both within their form. own group and in relation to their enemies, “Gangsta rap” is the mass broadcast- and indeed to wider society—for some, this ing of gang subculture. Before, there was communication can become genuinely ad- only MTV, with all its limitations. Now, with dictive. YouTube or DailyMotion, and the easiness of Those most “hooked” on it are known making a recording, it is possible to reach as “Facebook drillers.” In gang slang, to “drill” millions of people in a few hours, almost sin- means to kill someone. gle-handed. This is what is known as a “viral” As soon as he wakes up, the driller effect…that can lead to bloody confronta- goes on Facebook and gives free rein to his tions too. innate violence, starting by insulting people This, for example, is the story of “Li’l he hardly knows, or people in rival gangs. It JoJo” and “Chief Keef,” in Chicago: is much easier to do this online than face to face. Then another person saves a screenshot To put it simply, the person known of the message and begins to circu-late it. as “Chief Keef” posted a “rap” telling Very soon, the whole criminal galaxy knows how wonderful his gang was (the Black about it. Disciples Nationals), which went “viral,” The person insulted must respond scoring more than two million views on in order to save face. At this point, things YouTube, and making a lot of money. can degenerate quickly, crossing over from “Li’l JoJo” is 18, slightly older than the virtual world to become a reality on the “Chief Keef.” He is a member of a rival street. gang, the Insane BDK (Black Disciples This addiction among those relative- Killers), and probably through jealousy, ly under-occupied people also leads to what he put out a very aggressive piece about is known as cyber-bullying: harassment or the Black Disciples, which was very in- intimidation carried out using social net- sulting toward “Chief Keef”: he said works. There is alsosexting , which involves that he had had sex with “Chief Keef’s” adding violent sexual images or videos to mother. abusive messages. This is daily life for many The next afternoon, “JoJo” posted a gang-members, made much easier because video of himself and members of his there is hardly any risk. gang in a car, heading towards “Keef’s” But there are also some ways in which territory, in which someone is heard to activity on social networks crosses over into say, “I’m going to kill him.” A few hours real action—what is known on the west coast later, shortly after indicating where he of the United States as flocking. This is based was in a tweet, “Li’l JoJo” was gunned on the same principle as a “flash mob,” where- down in a burst of automatic fire. by gang-members meet up at a location sent Yes, indeed, being a rapper, even a to them via a tweet or an text message, in or- young one, is a dangerous and risky der to commit a criminal act, often what is business, and there are many examples known as swarming, in which, for instance, a of murder being treated as something to

25 Cyberbanging: When Criminal Reality and Virtual Reality Meet

show off about. According to available We will not discuss here the details data, at least 63 rappers have met a vi- of the money-making activities of the gangs, olent end, or have died of an overdose, where nothing can be excluded, but it is which comes as no sur-prise. readily understandable that social networks “Chief Keef” also sent a tweet mak- facilitate all manner of trafficking and dealing fun of “JoJo” after his death, a lack ing. of “respect,” sparking off a wave of vi- We have in mind the drug trade, olence that lasted months and killed a of course, but a newer activity is develop- large proportion of the 500 people who ing on the West Coast, and it seems ready died in gang confrontations in Chica- to spread. Los Angeles is not just a movie go’s wars in 2013. and a gang capital; it is also a huge commercial port, turned toward Asia. A noticeable Gang violence is learned on the recent trend has been the arrival of large street from birth, but is now improved on quantities of counterfeit goods of all kinds, the Internet through video games in which and gangs are working hard to gain control the player spends whole days killing people. of that market. The use of social networks There are no personal consequences, due, supports this low-risk, weakly-sanctioned most notably, to the fact that in the game diversification in many ways. he has several “lives” rather than the single In the same way as gangs often have chance he has in real life. their own rappers, some have their taggers, Apart from immediate violence, so- who themselves need to spread the word cial networks are also an important means about their “exploits.” Social networks offer of running money-making operations. them the means to do so. There are sites where gang-members Finally, social networks enable gangs can hang out virtually, such as TheHoodUp. to protect themselves from the police by al- com (a meeting place for every “Hood”) and lowing all gang-members to have real time discuss issues, make deals, and establish alli- information about its operations and move- ances, either regionally or nationally, in pri- ments. vate chat rooms. Social networks also allow a consid- IV - In the Fight Against Gangs, are erable widening of the recruitment pool for Social Networks a Challenge or an gang-members, and enable them to spread Opportunity? as they conquer new markets. Although it was film and television he number and variety of social net- series about gangs that first acted as recruit- works might lead us to think that ers for them, the effect is more obvious with we are faced with a multiplier effect social networks, which allow a lot more than Tapplied to a form of criminality which is al- just “publicity.” The interactive communica- ready difficult to combat, and would make tion now possible aids the process such that the problem impossible to solve. In fact, the candidates already have a very clear idea of dangers of these networks cut both ways. what gang life is like, to the point that they In using the Internet, various traces even think they are in some way already part are left behind, which often make it possi- of one, not to mention the “dress code”…In ble to track down the author of a message, this way, recruitment and the commitment or the real holder of an account, such as on to action is much more natural.

26 International Journal on Criminology

Facebook. This is especially true since those tutes set up by a gang in Fairfax, Virginia. The involved openly announce themselves, their gang-members would generally spot them aim being to assert themselves. on Facebook, since it is a network designed Thus today, the police patrol the In- for making “friends,” and unsurprisingly, it ternet just as they patrol the streets. was easy for them to approach their victims. In order to do this, they have a range It was generally quite simple given that the of widely available as well as professional language used by all sectors of the popula- tools at their disposal. These have allowed tion, especially the young one, is usually very them to refine criminal intelligence, and gain crude on this medium. After that incident, advanced knowledge of a crime, sometimes the FBI produced a set of documents for par- even to the point of preventing incidents ents, with information on the genuine danger from occurring in the first place. posed by using these virtual networks with- These tools, which are themselves out any kind of precaution. evolving very quickly, include: In Cincinnati and other cities, a spe- cialized division keeps dozens of sites under WhoTalking, which we have already surveillance, and does not hesitate to intim- mentioned; idate the gangsters by telling them exactly Wheretweeting or Echosec which what they did the day before… takes geo-thematic approaches; and But things evolve quickly. For exam- SnapTrends, a commercial applica- ple, there is a software which allows photos tion, also geographical, but going far be- to be sent that then disappear automatically yond just the fight against gangs. after they are viewed:SnapChat . If this were to become widely used and spread to text and This police work on the Internet is videos, it might well pose a new problem for rather successful. the authorities. These include arrests. For example, in However, given the speed of develop- New York, in April 2013, 41 gang-members ments, softwares allowing SnapChat content were arrested for cocaine trafficking. They to be saved came out almost immediately, had all put photos of themselves on social such as SnapChatSave and SnapHack. networks with rolls of banknotes and luxury On the other hand, the aim of the watches. But the case still took nearly a year gangs is to achieve notoriety and glory, which to succeed. pushes them to be as widely visible as possi- Police social media watch can also ble. This requires that information lasts and prevent irreparable damage from occurring. can continue being circulated. This is what hap-pened in Chicago (you will We are, therefore, in a complex vi- remember “Chief Keef”). Sometime after the cious circle in which the quantity of instan- death of “Li’l JoJo,” a 12-year-old boy post- taneously available information is without ed some derogatory comments online about doubt the greatest obstacle. him. The police immediately put him under There remain, finally, activities on the protection away from his home. The next day, Internet that are not intended to be visible, on gunmen came and circled around his house. the Dark Web, for example—activities which They were arrested, which possibly prevented will take some time to uncover because these another murder. gangbangers have far more resources than is Similarly, the FBI was able to close generally believed. down a ring for recruiting very young prosti-

27 International Journal on Criminology: Fall 2014, Volume 2, Issue 2 Zarqawi's Children Alain BauerA

SIS (Islamic Army in Iraq and the Levant), mold—has been adopted all too often. longtime described as an insignificant And there has been very little success guerrilla force in Iraq that then attacked in resisting the sophisticated manipulations Ithe Syrian regime without much success, of the Algerian, Saudi, Turkish, Jordanian, even as it stymied its “allies” of the Free Syrian and Pakistani secret services, which for the Army, has just achieved several spectacularly most part outclass their Western counter- successful victories and captured territory in parts. northern Iraq and Syria. They have also been Zarqawi appears to be a major player in control of Fallujah for several months. All in recent events, having managed, it seems, of the Sunni triangle, plus an area somewhat to win a posthumous victory over his main extended beyond this, now appears to be in opponents, namely Bin Laden and what re- the hands of groups that are heavily armed mains of what is believed should be called Al and increasingly well trained. In addition, Qaeda. they have also caused the Iraqi “army,” which According to biographical accounts, looks increasingly like that of Mali, to flee. which are to be treated with great caution, Until today, much credence has often Abu Musab al-Zarqawi was born Ahmad been given to the significant simplifications Fadeel al-Nazal al-Khalayleh in October of analysts who depict an opponent or enemy 1966, in Zarqa, Jordan (hence the last name that corresponds to what the West wants it to of his alias). be rather than what it really is. His family belongs to the Bani Has- This enemy has been underestimated san tribe, composed of Bedouins scattered or ignored, or fables about a lone-wolf group across the Middle East, in particular Syria have been made up, in order to avoid trying and Iraq. The tribal element, especially given to understand the dynamic complexity of the the complexity of local boundaries and their hybrid realities on the ground. porosity, is not to be underestimated. Since the Algerian civil war, defining A petty criminal turned street boss, an opponent or enemy of this kind has not Al Zarqawi was sent to a Koranic school, been easy. where he apparently discovered the ideolo- The nature of terrorism has changed, gy of jihad and soon, like many other young models have evolved, and although the de- Muslims, went off to fight in Afghanistan. tection and gathering of intelligence is still Although Al Zarqawi met Azzam, of a very high standard, there has been little the founder of the Afghan Services Bureau analysis of this intelligence, a result more due (forerunner to the Al Qaeda network), and to cultural prejudice than a lack of compe- Bin Laden, there appear to have been major tence. clashes between their ambitions. He returned The easy option—the temptation of to Afghanistan, which was then controlled the enemy of convenience who, in spite of by the Taliban, and created Tawhid wal-Jihad everything, is supposed to fit a particular (Unification and Holy War).

A Professor of Criminology at the Conservatoire National des Arts et Métiers, New York and Beijing

28 International Journal on Criminology

In 2002, Al Zarqawi moved to Syria term Al Baghdadi, “from Baghdad” is as after a stay in Iran, according to the confes- common as Smith or Johnson). sion of his lieutenants who were arrested by In April 2013, ISI became ISIS, in- Jordanian police. stalling itself in Syria after absorbing a large He then made it to Iraq after the fall part of the Al Nusra Front. Since then, it of Saddam Hussein. He claimed responsibil- has been involved in a latent conflict with ity for the August 19, 2003, bombing of the the Free Syrian Army as well as a legitimist building housing UN personnel in down- branch of Al Nusra. town Baghdad, in which 22 people were However, ISIS’s very different nature killed, including the representative of the relative to other Sunni groups on the ground secretary general of the UN, Sergio Vieira de goes beyond the settling of scores that usu- Mello. An attack on the Ali mosque in the ally takes place between jihadist groups. Shiite holy city of Najaf on August 29, 2003, In addition to having a structured claimed 85 victims. and internationalized apparatus, ISIS seems In July 2004, his organization suf- to have modeled itself on a synthesis of Hez- fered heavy losses during the siege of Fallu- bollah, the Ba’ath Party, and the Bolshevik jah. Party. Characterized by a true level of orga- On October 19, 2004, his group, nization in a pyramid structure, the imple- Tawhid wal-Jihad, was recognized by Bin mentation of an internal and external reign Laden as the “representative of Al Qaeda in of terror, and its bringing together of sea- Mesopotamia”—a local emir. soned brigades (Libyans, Chechens, West- Al Zarqawi would be killed on June erners, and so forth), the structure is best 7, 2006, during a U.S. bombing. known for its brutality, particularly against A few months later, in October 2006, its closest enemies, namely militants who the Islamic State of Iraq (ISI) was created have remained loyal to the last leadership through the alliance of Al Qaeda in Meso- group of what remains of Al Qaeda, a net- potamia, other small Islamic groups, and work whose swan song was performed sev- Sunni tribes in Iraq’s Anbar province. Its eral years ago. military leader was Abu Hamza al-Muha- In fact, ISIS seems to have completed jir, and its political leader Abu Abdullah Al a perfect hostile takeover of what remains of Baghdadi (born Hamid Dawud Mohamed Al Qaeda in Iraq and Syria, at the same time Khalil al Zawi), supposedly a former police as attracting increasingly young jihadists general under Saddam Hussein, and “Emir from around the world. of the ISI and Prince of the Faith” according The war in Syria againt the Assad to his official designation. Regime is lost, something all the belligerents Not only did the group distance itself have known since Syrian loyalist forces won from Al Qaeda, but it also quickly became a the battle of Yabrud, near the Lebanese bor- ferocious enemy of Ayman Al Zawahiri, Bin der, in mid-March 2014. Laden’s successor, who never missed an op- But the war in Iraq has only just be- portunity to distance himself from it, con- gun. Fallujah has been held by ISIS since demn its actions, or call for reconciliation. early 2014, and it now holds Mosul, Iraq’s Following the elimination of its second-largest city, Tikrit, the nucleus of leader in April 2010, Abu Bakr Al Baghdadi Saddam Hussein’s family, and perhaps Sa- Al-Husseini (Ibrahim Awad Ali Al Badri), a marra. Baghdad was almost in range. Af- forty-something Iraqi, became leader (the ter the Afghan political disaster, the United

29 Zarqawi's Children

States is preparing for its next colonial defeat. However, we have to look beyond this episode and its mixture of national and an- ticolonial demands, vengeance against the former Ba’ath regime, and committed jihadists. For many fighters engaged in jihad look like young Zarqawi. Much more than moving into terrorism, what these petty criminals are preparing for is a return of their criminal world. There have been very few cases recorded of such criminals becom- ing terrorists since the Algerian civil war. No one knows who really invented Al Zarqawi: is it a case of manipulation, de- stabilization, or a Golem invented by the secret services and who inevitably turned bad? One thing is clear: Zarqawi’s children are here. They will be for a long time— and not just in the Middle East.