The Global Response to Transnational Organized Environmental Crime
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What Is an International Crime? (A Revisionist History)
\\jciprod01\productn\H\HLI\58-2\HLI205.txt unknown Seq: 1 14-FEB-18 9:00 Volume 58, Number 2, Spring 2017 What Is an International Crime? (A Revisionist History) Kevin Jon Heller* The question “what is an international crime?” has two aspects. First, it asks us to identify which acts qualify as international crimes. Second, and more fundamentally, it asks us to identify what is distinctive about an international crime. Some disagreement exists concerning the first issue, particularly with regard to torture and terrorism. But nearly all states, international tribunals, and ICL scholars take the same position concerning the second issue, insisting that an act qualifies as an international crime if—and only if—that act is universally criminal under international law. This definition of an international crime leads to an obvious question: how exactly does an act become universally criminal under international law? One answer, the “direct criminalization thesis” (DCT), is that certain acts are universally criminal because they are directly criminalized by international law itself, regardless of whether states criminalize them. Another answer, the “national criminalization the- sis” (NCT), rejects the idea that international law directly criminalizes particular acts. According to the NCT, certain acts are universally criminal because international law obligates every state in the world to criminalize them. This Article argues that if we take positivism seriously, as every international criminal tribunal since Nuremberg has insisted we must, the NCT provides the only coherent explanation of how international law can deem certain acts to be universally criminal. I. INTRODUCTION The question posed by the title of this Article has two aspects. -
Globalization, Transnational Crime and State Power: the Need for a New Criminology
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Directory of Open Access Journals Globalization, Transnational Crime and State Power: The Need for a New Criminology • Emilio C. Viano Riassunto Questo articolo si focalizza sulla globalizzazione legata al crimine transnazionale, mettendo in evidenza come i modelli e le dinamiche che rendono possibile ed efficace la globalizzazione portano anche a conseguenze collaterali negative, cioè criminali e facilitano l’introduzione e la rapida crescita del numero di crimini internazionali. D’altra parte, esistono anche crimini commessi contro la globalizzazione. Dal canto suo, la globalizzazione rende più facile la lotta contro il crimine grazie alla cooperazione ed al coordinamento degli sforzi in questa direzione. Di conseguenza, la globalizzazione instaura un rapporto molto complesso con il crimine: positivo, negativo e di prevenzione. Questo articolo si concentra anche su aspetti relativi a come la criminologia dovrebbe rivedere i suoi modelli di ricerca e di intervento tenendo conto del modo in cui la globalizzazione ha cambiato la maniera con la quale si può e si dovrebbe affrontare il crimine. Nell’ambito di tale articolo si ipotizza anche un mancato interesse della criminologia per i crimini della globalizzazione e si contesta la prospettiva della criminologia tradizionale che vede le definizioni legali del reato come sacrosante e immutabili. Noi abbiamo bisogno di una più ampia concettualizzazione del crimine che vada al di là delle prescrizioni del diritto penale e che utilizzi differenti tradizioni intellettuali (crimini di globalizzazione, di violenza strutturale e critica del neoliberalismo) che sottolineino l’influenza contingente del male sociale nelle scelte delle persone. -
Ecocide: the Missing 5Th Crime Against Peace the Problem
The Future of Environmental Crime Ecocide: The Missing 5th Crime Against Peace The Problem • UN’s Global Environmental Outlook 5 (2012): anthropogenic impacts on the Earth System are unprecedented. • Scientific agreement that humanity has exceeded at least three planetary boundaries. • Ecocide, the extensive destruction of ecosystems; large scale land use change, pollution, open cast mining remains legal and profitable. • No comprehensive international legal agreement to deal with environmental crime. The Solution Make Ecocide the 5th Crime Against Peace: The extensive damage to, destruction of or loss of ecosystem(s) of a given territory, whether by human agency or by other causes, to such an extent that peaceful enjoyment by the inhabitants of that territory has been or will be severely diminished Crimes Against Peace Which threaten the peace and security of mankind Set out in Rome Statute 1) Crimes Against Humanity 2) War Crimes 3) Genocide 4) Crimes of Aggression Well-being of all life Crimes Against Peace Which threaten the peace and security of mankind Set out in Rome Statute 1) Crimes Against Humanity 2) War Crimes 3) Genocide 4) Crimes of Aggression 5) Ecocide Well-being of all life Ecocide is the Missing 5th Crime Against Peace • 1970s – 1990s making ecocide the 5th Crime Against Peace was examined by the United Nations. • When excluded in 1996 many countries objected. • Ecocide essentially a crime during war time but not in peace time. (Article 8(2)(b) of the Rome Statute) • Detailed research: The University of London’s Report Ecocide: The Missing 5th Crime Against Peace Human-made Ecocide E x a m p le s M ining, unconventional fossil fuel extraction, deforestation How law works Prevent and restore Superior responsibility Strict liability Triggers UNEP’s vision for a green economy Restorative Justice Ecocide by other causes E x a m p le s Tsunamis, flooding, earthquake How law works •Duty of care on states to provide assistance •Charter of the UN Article 73: Members of the UN.. -
The Rise of Environmental Crime
A GROWING THREAT TO NATURAL RESOURCES, THE RISE OF PEACE, DEVELOPMENT AND SECURITY ENVIRONMENTAL CRIME A UNEP--INTERPOL RAPID RESPONSE ASSESSMENT 1 1 Nellemann, C. (Editor in Chief); Henriksen, R., Kreilhuber, A., Stewart, D., Kotsovou, M., Raxter, P., Mrema, E., and Barrat, S. (Eds). 2016. The Rise of Environ mental Crime – A Growing Threat To Natural Resources Peace, Development And Security. A UNEP- INTERPOL Rapid Response Assessment. United Nations Environment Programme and RHIPTO Rapid Response–Norwegian Center for Global Analyses, www.rhipto.org ISBN 978-82-690434-0-2 (print) ISBN 978-82-690434-1-9 (pdf) UNEP promotes Printed by UNEP environmentally sound practices Disclaimer globally and in its own activities. This The contents of this report do not necessarily reflect the views or publication is printed on fully recycled paper, policies of UNEP or contributory organizations. The designations employed and the presentations do not imply the expression of any FSC certified, post-consumer waste and chlorine- opinion whatsoever on the part of UNEP or contributory organiza- free. Inks are vegetable-based and coatings are water- tions concerning the legal status of any country, territory, city, com- pany or area or its authority, or concerning the delimitation of its based. UNEP’s distribution policy aims to reduce its frontiers or boundaries. carbon footprint. 2 A UNEP--INTERPOL RAPID RESPONSE ASSESSMENT A GROWING THREAT TO NATURAL RESOURCES, THE RISE OF PEACE, DEVELOPMENT AND SECURITY ENVIRONMENTAL CRIME Editorial Team Christian Nellemann (Editor in Chief) Rune Henriksen Arnold Kreilhuber Davyth Stewart Maria Kotsovou Patricia Raxter Elizabeth Mrema Sam Barrat Cartography Riccardo Pravettoni Philippe Rekacewicz (figure 11) Emmanuelle Bournay (figure 14) 2 3 Foreword The world is being dredged of its natural resources, with much of what we rely on for our livelihoods at risk from a new threat: environmental crime. -
'Transnational Criminal Law'?
MFK-Mendip Job ID: 9924BK--0085-3 3 - 953 Rev: 27-11-2003 PAGE: 1 TIME: 11:20 SIZE: 61,11 Area: JNLS OP: PB ᭧ EJIL 2003 ............................................................................................. ‘Transnational Criminal Law’? Neil Boister* Abstract International criminal law is currently subdivided into international criminal law stricto sensu — the so-called core crimes — and crimes of international concern — the so-called treaty crimes. This article suggests that the latter category can be appropriately relabelled transnational criminal law to find a doctrinal match for the criminological term transnational crime. The article argues that such a relabelling is justified because of the need to focus attention on this relatively neglected system, because of concerns about the process of criminalization of transnational conduct, legitimacy in the development of the system, doctrinal weaknesses, human rights considerations, legitimacy in the control of the system, and enforcement issues. The article argues that the distinction between international criminal law and transnational criminal law is sustainable on four grounds: the direct as opposed to indirect nature of the two systems, the application of absolute universality as opposed to more limited forms of extraterritorial jurisdiction, the protection of international interests and values as opposed to more limited transnational values and interests, and the differently constituted international societies that project these penal norms. Finally, the article argues that the term transnational criminal law is apposite because it is functional and because it points to a legal order that attenuates the distinction between national and international. 1 Introduction The term ‘transnational crime’ is commonly used by criminologists, criminal justice officials and policymakers,1 but its complementary term, ‘transnational criminal law’ (TCL), is unknown to international lawyers. -
Transnational Organized Crime
IPI Blue Papers Transnational Organized Crime Task Forces on Strengthening Multilateral Security Capacity No. 2 2009 INTERNATIONAL PEACE INSTITUTE Transnational Organized Crime Transnational Organized Crime Task Forces on Strengthening Multilateral Security Capacity IPI Blue Paper No. 2 Acknowledgements The International Peace Institute (IPI) owes a great debt of gratitude to its many donors to the program Coping with Crisis, Conflict, and Change. In particular, IPI is grateful to the governments of Belgium, Canada, Denmark, Finland, Greece, Luxembourg, the Netherlands, Norway, Spain, Sweden, Switzerland, and the United Kingdom. The Task Forces would also not have been possible without the leadership and intellectual contribution of their co-chairs, government representatives from Permanent Missions to the United Nations in New York, and expert moderators and contributors. IPI wishes to acknowledge the support of the Greentree Foundation, which generously allowed IPI the use of the Greentree Estate for plenary meetings of the Task Forces during 2008. note Meetings were held under the Chatham House Rule. Participants were invited in their personal capacity. This report is an IPI product. Its content does not necessarily represent the positions or opinions of individual Task Force participants. © by International Peace Institute, 2009 All Rights Reserved www.ipinst.org CONTENTS Foreword, Terje Rød-Larsen. vii Acronyms. x Executive Summary. 1 The Challenge of Transnational Organized Crime (TOC). .4 Ideas for Action. .14 I. convene a hIgh-level ConFerenCe on toC aS a ThreaT To SeCurity ii. maP The impacts oF ToC on SeCurity, developmenT, and stability iii. strengThen Crime ThreaT analysis For un PeaCe efforts Iv. develoP straTegic, Investigative, and oPerational ParTnerShips v. -
Annual Report 2019
Annual Report 2019 CONNECTING POLICE FOR A SAFER WORLD Content Foreword ................................................................ 3 Database highlights.................................................................................................. 4 Countering terrorism.............................................................................................. 6 Protecting vulnerable communities................................................... 8 Securing cyberspace............................................................................................ 10 Promoting border integrity....................................................................... 12 Curbing illicit markets ....................................................................................... 14 Supporting environmental security ............................................... 16 Promoting global integrity ....................................................................... 18 Governance ..................................................................................................................... 19 Human resources .................................................................................................... 20 Finances ................................................................................................................................. 21 Looking ahead .............................................................................................................. 22 This Annual Report presents some of the highlights of our -
Fraud & White Collar Crime 2019
FRAUD & WHITE COLLAR CRIME 2019 EXPERT GUIDE www.corporatelivewire.com 33 CHANCERY LANE Expert Guide | Fraud & White Collar Crime 2019 Dennis Miralis Australia [email protected] +61 02 9264 8884 www.ngm.com.au The Australian Criminal Intelligence Commission (ACIC) is Australia’s national criminal intelligence agency with ‘specialist investigative capabilities’. The ACIC is the White Collar Crime and International Investigations only agency in Australia that is exclusively focused on By Dennis Miralis combating serious and organised crime. Rapid globalisation has led to white collar crimes such as money focuses on the collaboration between them in addressing a num- laundering, tax evasion, fraud and bribery becoming increasingly ber of key crime areas including money laundering and transna- complex and transnational in nature. Australian government tional economic crime. agencies are therefore experiencing an increased need to adopt a global approach, collaborating with foreign governments and 2015 also saw the establishment of the Serious Financial Crime law enforcement agencies to ensure effective prevention, inves- Taskforce (SFCT), operating under the AFP run Fraud and Anti- tigation and prosecution of white collar crime. Corruption Centre. Which government agencies investigate white collar crime? The SFCT targets activities that occur both within Australia and in foreign jurisdictions. It works closely with international partner I. Australian Federal Police (AFP) agencies, both law enforcement and regulators, governments and organisations across the globe to target abusive use of secre- The Australian Federal Police (AFP) is Australia’s national law en- cy jurisdictions, trust fraud and international tax evasion fraud. AUSTRAC recognises that the transnational nature of money terrorism-related activities. -
Ungoverned Spaces, Transnational Crime, and the Prohibition on Extraterritorial Enforcement Jurisdiction in International Law Dan E
Volume 3 | Issue 1 Article 4 10-1-2013 Ungoverned Spaces, Transnational Crime, and the Prohibition on Extraterritorial Enforcement Jurisdiction in International Law Dan E. Stigall U.S. Department of Justice Follow this and additional works at: http://scholarship.law.nd.edu/ndjicl Part of the Human Rights Law Commons, International Law Commons, International Trade Commons, and the Military, War and Peace Commons Recommended Citation Stigall, Dan E. (2013) "Ungoverned Spaces, Transnational Crime, and the Prohibition on Extraterritorial Enforcement Jurisdiction in International Law," Notre Dame Journal of International & Comparative Law: Vol. 3: Iss. 1, Article 4. Available at: http://scholarship.law.nd.edu/ndjicl/vol3/iss1/4 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Journal of International & Comparative Law by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. III NOTRE DAME JOURNAL OF INTERNATIONAL & COMPARATIVE LAW 2013 TABLE OF CONTENTS ARTICLES UNGOVERNED SPACES, TRANSNATIONAL CRIME, AND THE PROHIBITION ON EXTRATERRITORIAL ENFORCEMENT JURISDICTION IN INTERNATIONAL LAW ..... 1 Dan E. Stigall ECOWAS’S RIGHT TO INTERVENE IN CÔTE D’IVOIRE TO INSTALL ALASSANE OUATTARA AS PRESIDENT-ELECT ..................................................................... 51 Julie Dubé Gagnon CONSTITUTIONAL BORROWING AS JURISPRUDENTIAL AND POLITICAL DOCTRINE IN SHRI D.K. BASU V. STATE OF WEST BENGAL ................................................... 73 Sam F. Halabi CONSCIENTIOUS OBJECTION OF HEALTH CARE PROVIDERS: LESSONS FROM THE EXPERIENCE OF THE UNITED STATES .............................................................. 122 Soledad Bertelsen iii 1 NOTRE DAME JOURNAL OF INTERNATIONAL & COMPARATIVE LAW 2013 UNGOVERNED SPACES, TRANSNATIONAL CRIME, AND THE PROHIBITION ON EXTRATERRITORIAL ENFORCEMENT JURISDICTION IN INTERNATIONAL LAW Dan E. -
SOF Role in Combating Transnational Organized Crime to Interagency Counterterrorism Operations
“…the threat to our nations’ security demands that we… Special Operations Command North (SOCNORTH) is a determine the potential SOF roles for countering and subordinate unified command of U.S. Special Operations diminishing these violent destabilizing networks.” Command (USSOCOM) under the operational control of U.S. Northern Command (USNORTHCOM). SOCNORTH Rear Admiral Kerry Metz enhances command and control of special operations forces throughout the USNORTHCOM area of responsi- bility. SOCNORTH also improves DOD capability support Crime Organized Transnational in Combating Role SOF to interagency counterterrorism operations. Canadian Special Operations Forces Command (CAN- SOF Role SOFCOM) was stood up in February 2006 to provide the necessary focus and oversight for all Canadian Special Operations Forces. This initiative has ensured that the Government of Canada has the best possible integrated, in Combating led, and trained Special Operations Forces at its disposal. Transnational Joint Special Operations University (JSOU) is located at MacDill AFB, Florida, on the Pinewood Campus. JSOU was activated in September 2000 as USSOCOM’s joint educa- Organized Crime tional element. USSOCOM, a global combatant command, synchronizes the planning of Special Operations and provides Special Operations Forces to support persistent, networked, and distributed Global Combatant Command operations in order to protect and advance our Nation’s interests. MENDEL AND MCCABE Edited by William Mendel and Dr. Peter McCabe jsou.socom.mil Joint Special Operations University Press SOF Role in Combating Transnational Organized Crime Essays By Brigadier General (retired) Hector Pagan Professor Celina Realuyo Dr. Emily Spencer Colonel Bernd Horn Mr. Mark Hanna Dr. Christian Leuprecht Brigadier General Mike Rouleau Colonel Bill Mandrick, Ph.D. -
Transnational Criminal Law
Introduction to the Laws of Kurdistan, Iraq Working Paper Series Transnational Criminal Law Pub. 2016 Iraq Legal Education Initiative (ILEI) American University of Iraq, Sulaimani Stanford Law School Kirkuk Main Road Crown Quadrangle Raparin 559 Nathan Abbott Way Sulaimani, Iraq Stanford, CA 94305-8610 www.auis.ed.iq www.law.stanford.edu 1 Preface to the Series: Introduction to the Laws of Iraq and Iraqi Kurdistan Iraq and Iraq's Kurdistan Region is at a compelling juncture in their histories. In the wake of the transition to a democratic state, the country and region economy has prospered and its institutions have grown more complex. As institutional capacity has grown, so too has the need for a robust rule of law. An established rule of law can provide assurances to investors and businesses, while keeping checks on government and private powers and protecting citizens’ fundamental rights. Institutions of higher learning, such as universities and professional training centers, can and should play a key role in stimulating and sustaining this dynamic. Indeed, education is foundational. This paper is part of the Introduction to the Laws of Iraq and Iraqi Kurdistan, a series of working papers produced by the Iraqi Legal Education Initiative (ILEI) of Stanford Law School. This series seeks to engage Iraqi students and practitioners in thinking critically about the laws and legal institutions of Iraq and Iraqi Kurdistan. Founded in 2012, ILEI is a partnership between the American University of Iraq in Sulaimani (AUIS) and Stanford Law School (SLS). The project’ seeks to positively contribute to the development of legal education and training in Iraq. -
The Cost of Environmental Crime: Illegal Logging
REUTERS/Darren Whiteside THE COST OF ENVIRONMENTAL CRIME: ILLEGAL LOGGING By Brian Huerbsch The views and opinions expressed in this paper are those of the author and do not necessarily reflect the official policy or position of Thomson Reuters. The Cost of Environmental Crime: Illegal Logging 2 TABLE OF CONTENTS EXECUTIVE SUMMARY 3 THE CURRENT SITUATION 4 LINKS TO FINANCING ORGANIZED CRIME AND TERRORISM 5 THE ENVIRONMENTAL AND HUMAN COST 6 CASE STUDY 1 – LARGE U.S. TIMBER IMPORTER AND THE LACEY ACT 7 CASE STUDY 2 – A TALE OF CORRUPTION AND ENVIRONMENTAL DESTRUCTION: POTENTATES AND MALAYSIAN TIMBER GIANTS 8 CASE STUDY 3 – A MULTINATIONAL BANK AND PEP INVOLVEMENT 8 RED FLAGS AND YOUR SUPPLY CHAIN 9 CONCLUSION 10 HOW THOMSON REUTERS CAN HELP 11 REFERENCES 12 Image 1 (On the cover): Police tape is seen on land recently burned and newly planted with palm trees and now under police investigation west of Palangkaraya, Central Kalimantan, Indonesia. The Cost of Environmental Crime: Illegal Logging 3 EXECUTIVE SUMMARY Illegal logging poses real and significant regulatory risk for international financial institutions and corporations, especially those connected, either directly or indirectly, with the global timber industry, or that operate in areas where the industry is prevalent and important to the local economy. Considering the notable increase in regulatory activity over the past decade, the amount of enforcement actions given, and the ballooning size of fines over the past several years, it is clear that illegal logging is a crime that cannot