ODUMUNC 2017 Issue Brief First Committee: Disarmament and International Security Answering the Challenge of Transnational Organized Crime by Hunter Vermaaten Old Dominion University Model United Nations Introduction to combat this ever-growing threat to both national and international security. The extraordinary power of globalization Previously regarded exclusively as a has made the world a much richer and in problem of justice and home affairs, or law many ways much fairer place, with enforcement, transnational organized crime unprecedented opportunities for vast increasingly is seen as a challenge to the numbers of people. It also created security of states. Organized crime finances opportunities for people who would abuse criminal networks that challenge the ability the tools of globalization to break laws in of states to govern their territory. In some hope of vast profits. While most countries countries, the income of organized crime have benefitted from globalization, all also rivals the tax receipts available to the state, have been affected to some degree by the their armed forces can be larger and more associated problems of corruption and technically advanced than those of state, and crime. since they are not bound by domestic or Transnational organized crime (TCO) international law, organized crime rose to global prominence in the mid-1970s, combatants are more likely to attack with the growing influence of Italian crime civilians. groups, involved largely in the illegal drugs For the 193 Member States of the United business, and large scale taxing to evade Nations, fighting organized crime no longer excise taxes.1 It emerged as a widespread is an activity that states undertake alone. The and global issue in the 1990s, in part due to most serious crime increasingly must be growing globalization and trade between addressed cooperative by the entire states. Other factors that have increased the international community. The trans-national threat of transnational criminal groups nature of crimes like human trafficking and include: political turmoil and violence in the illegal transport of migrants, smuggling Twenty-First Century, technological illicit drugs or evading excise (import and advances, increased travel between export) taxes on items like cigarettes, as well countries, and advances in as the illicit trade in small arms, all require telecommunications and computer coordinated global responses. The wealth of technology2. Transnational criminal rings transnational crime, typically valued at are becoming increasingly more powerful hundreds of billions of U.S. dollars, requires with each passing day, and the time has global coordination of law enforcement come for international collaboration on what resources to combat. exactly states, intergovernmental The biggest challenge of transnational organizations, and other world actors can do organized crime for the United Nations no longer is combatting specific criminal groups or even discrete crime problems. 1“Transnational Crime-Introduction”. Peace Individual crime fighting usually is the Palace Library-Research Guides-International business of states, but sometimes states must Criminal Law-Transnational Crime. 2 cooperate to do the job effectively. For the “Introduction-A Historical Overview of UN the biggest task is facilitating that Transnational Crime-Chapter 1”. David Felsen. cooperation. How to create general Akis Kalaitzidis. 1 ODUMUNC 2017 Issue Brief Answering the Challenge of Transnational Organized Crime strategies that gave countries the existing international organizations and cooperation they require to prevent and creating new ones, coordinating suppress criminal activity where possible, international funding to fight crime, and and stop it when it cannot be prevented? The building incentives which make crime less UN focuses mostly on strengthening likely to emerge. ODUMUNC 2017 Issue Brief First Committee: Disarmament and International Security Answering the Challenge of Transnational Organized Crime by Hunter Vermaaten Old Dominion University Model United Nations Background squandered. In some of the worst affected Member States, criminal enterprises can rise Although there is no single definition for to become separate power structures that transnational organized crime, it can best be threaten the ability of the state of achieve defined as “offenses whose inception, much of anything. prevention, and/or direct or indirect effects There are three primary characteristics of involve more than one country”.3 Article 2a criminals who commit transnational crime: of the United Nations Organized Crime Convention identifies four characteristics of • They commit violence or other acts transnational organized crime: which are likely to be intimidated and repeated • Consists of a group of three or more • They exploit differences between people that was not randomly countries to further their objectives, formed expanding in power and avoiding • Exists for a certain period of time detection/apprehension • Acts in concert with the aim of • Their primary goal is committing at least one crime economic/material gain, primarily punishable by at least four years’ through illegal activities and 5 incarceration investment in businesses • Formed in order to obtain, directly or indirectly, a financial or other Due to the ever-changing world, and material benefit4 continued interactions between states, transnational organized crime is not a At a practical level, these are criminal stagnant type of crime; it continuously problems that no state can be expected to changes and evolves to keep pace with solve acting alone. The causes and society and the world. It is an illicit business consequences of the problem span borders, that transcends cultural, linguistic, social, much like international travel, trade or and geographical boundaries, and one that tourism. knows no borders or rules. Transnational organized crime weakens all After the end of the Cold War, many societies, but of course to varying degrees. different states began opening up their All societies are affected by illegal drug borders to increase trade with one another. problems, smuggling and human trafficking. This crumbling of borders, along with the Victims are everywhere. All governments beginnings of globalization, are two primary see taxes evaded and investments factors that gave way to transnational criminal networks. There were a host of other factors that helped these transnational 3 “Transnational Organized Crime”, National criminal networks flourish, such as Institute of Justice (NIJ)-Topics-Crimes and Prevention-Organized Crime, 2016. 4 “What is Transnational Organized Crime?” 5 "The Threat of Transnational Organized United Nations Office on Drugs and Crime Crime." United Nations Office on Drugs and (UNODC), 2016 Crime. 22 Oct. 2015. 3 ODUMUNC 2017 Issue Brief Answering the Challenge of Transnational Organized Crime weakened government institutions, the resurgence of ethnic and regional conflicts within and around the Soviet Union, and broadened international travel6. These transnational criminal groups often use systematic violence, corruption, bribery, terror, and other methods to achieve their goals. These groups target weak governments, often in under-developed countries, with ineffective governments that are unable to do anything, and where corruption runs amok. Due to its globalized nature, there are many different types of transnational crime, and the number and type will continue to grow. There are five main types of transnational crime: that are of greatest concern at this session money laundering, human trafficking, cyber-crime, smuggling- primarily involving drugs and weapons. ODUMUNC 2017 Issue Brief First Committee: Disarmament and International Security Answering the Challenge of Transnational Organized Crime by Hunter Vermaaten Old Dominion University Model United Nations Money Laundering developments in financial information, communication, and financial technology Money laundering is a term used to describe allow money to move anywhere throughout the process by which criminals and criminal the world with relative ease and speed, groups, including terrorist groups, attempt to making the issue of money laundering more transform their illegally obtained gains and pressing than ever before. The estimated funds into seemingly legitimate funds. It has amount of money laundered globally in one become a worldwide problem and threat to year is estimated to be two to five percent of the international financial system, with global GDP, approximately $800 billion-$2 approximately $300 billion flowing through trillion in US dollars, making it one of the the United States annually. Rapid largest types of transnational crime, and a 5 ODUMUNC 2017 Issue Brief Answering the Challenge of Transnational Organized Crime serious crime that governments around the world must address. Human trafficking is defined as the Due to its profitable nature, there recruitment, harboring, transportation, have been many notorious cases of money provision or obtaining of a person for labor laundering, specifically within the past or services, often through the use of force, century. Some of these most famous cases fraud or coercion for the purpose of include: Nigerian leader Sani Abacha was subjection to involuntary servitude, peonage, able to smuggle up to $8 billion of Nigerian debt bondage, or slavery. There are three national funds into foreign bank accounts, elements of human trafficking: the act/what and