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COMPARATIVE POLICE SYSTEM/COMPARATIVE MODELS IN POLICNG

CHAPTER ONE:

Learning Objectives:
• manifest awareness in the globalization process and its effects of globalization
• identify connection of globalization to policing
• lift awareness regarding globalization of crimes

Introduction

GLOBALIZATION

Globalization is a process of interaction and integration among the people, companies,


and governments of different nations, a process driven by international trade and
investment and aided by information technology. This process has effects on the
environment, on culture, on political systems, on economic development and prosperity,
and on human physical well-being in societies around the world. Globalization is not
new, though. For thousands of years, people—and, later, corporations—have been
buying from and selling to each other in lands at great distances, such as through the
famed Silk Road across Central Asia that connected China and Europe during the Middle
Ages. Likewise, for centuries, people and corporations have invested in enterprises in
other countries. In fact, many of the features of the current wave of globalization are
similar to those prevailing before the outbreak of the First World War in 1914.
But policy and technological developments of the past few decades have spurred
increases in cross-border trade, investment, and migration so large that many observers
believe the world has entered a qualitatively new phase in its economic development.
Since 1950, for example, the volume of world trade has increased by 20 times, and
from just 1997 to 1999 flows of foreign investment nearly doubled, from $468 billion to
$827 billion. Distinguishing this current wave of globalization from earlier ones, author
Thomas Friedman has said that today globalization is “farther, faster, cheaper, and
deeper.” This current wave of globalization has been driven by policies that have
opened economies domestically and internationally. In the years since the Second
World War, and especially during the past two decades, many governments have
adopted free-market economic systems, vastly increasing their own productive potential
and creating myriad new opportunities for international trade and investment.
Governments also have negotiated dramatic reductions in barriers to commerce and
have established international agreements to promote trade in goods, services, and
investment. Taking advantage of new opportunities in foreign markets, corporations
have built foreign factories and established production and marketing arrangements
with foreign partners. A defining feature of globalization, therefore, is an international
industrial and financial business structure. Technology has been the other principal
driver of globalization. Advances in information technology, in particular, have
dramatically transformed economic life. Information technologies have given all sorts of
individual economic actors—consumers, investors, businesses—valuable new tools for
identifying and pursuing economic opportunities, including faster and more informed analyses
ofeconomic trends around the world, easy transfers of assets, and collaboration with far-flung
partners.Globalization is deeply controversial, however. Proponents of globalization argue that it allows
poor countries and their citizens to develop economically and raise their standards of living, while
opponents of globalization claim that the creation of an unfettered international free market has
benefited multinational corporations in the Western world at the expense of local enterprises, local
cultures, and common people. Resistance to globalization has therefore taken shape both at a popular
and at a governmental level as people and governments try to manage the flow of capital, labor, goods,
and ideas that constitute the current wave of globalization.
To find the right balance between benefits and costs associated with globalization, citizens of all nations
need to understand how globalization works and the policy choices facing them and their societies.

Globalization and its Effect

Globalization,

Globalization means the speedup of movements and exchanges (of human


beings,goods, and services, capital, technologies or cultural practices) all over the
planet. One of the effects of globalization is that it promotes and increases interactions
between different regions and populations around the globe.
According to WHO, globalization can be defined as, ”the increased inter connected and
interdependence of peoples and countries. It is generally understood to include two
interrelated elements:
*The opening of international borders to increasingly fast flows of goods, services,
finance, people and ideas;
*and the changes in institutions and policies at national and international levels that
facilitate or promote such flows.”
According to the Committee for Development Policy (a subsidiary body of the United
Nations), from an economic point of view, globalization can be defined as:
“(…) the increasing interdependence of world economies as a result of the growing
scale of cross-border trade of commodities and services, the flow of international capital
and the wide and rapid spread of technologies. It reflects the continuing expansion and
mutual integration of market frontiers (…) and the rapid growing significance of
information in all types of productive activities and marketization are the two major
driving forces for economic globalization.”
In geography, globalization is defined as the set of processes (economic, social,
cultural, technological, institutional) that contribute to the relationship between
societies and individuals around the world. It is a progressive process by which
exchanges and flows between different
parts of the world are intensified.

Globalization and the G20


The G20 is a global bloc composed by the governments and central bank governors
from 19 countries and the European Union (EU). Established in 1999, the G20 gathers
the most important industrialized and developing economies to discuss international
economic and financial stability. Together, the nations of the G20 account for around
80% of global economic output, early 75 percent of all global trade, and about two-
thirds of the world’s population.
G20 leaders get together in an annual summit to discuss and coordinate pressing
global I ssues of mutual interest. Though economics and trade are usually the
centerpieces of each summit’s agenda, issues like climate change, migration policies,
terrorism, the future of work, or global wealth are recurring focuses too. Since the G20
leaders represent the “political backbone of the global financial architecture that
secures open markets, orderly capital flows, and a safety net for countries in difficulty”,
it is often thanks to bilateral meetings during summits that major international
agreements are achieved and that globalization is able to move forward.
The joint action of G20 leaders has unquestionably been useful to save the global
financial system in the 2008/2009 crisis, thanks to trade barriers removal and the
implementation of huge financial reforms. Nonetheless, the G20 was been struggling to
be successful at coordinating monetary and fiscal policies and unable to root out tax
evasion and corruption, among other downsides of globalization. As a result of this and
other failures from the G20 in coordinating globalization, popular, nationalist
movements across the world have been defending countries should pursue their
interests alone or form fruitful coalitions.
The ability of countries to rise above narrow self-interest has brought unprecedented
economic wealth and plenty of applicable scientific progress. However, for different
reasons, not everyone has been benefiting the same from globalization and
technological change: wealth is unfairly distributed and economic growth came at huge
environmental costs. How can countries rise above narrow self-interest and act together
or designing fairer societies and a healthier planet? How do we make globalization more
just? According to Christine Lagarde, former President of the International Monetary
Fund,“debates about trade and access to foreign goods are as old as society itself ” and
history tells us that closing borders or protectionism policies are not the way to go, as
many countries doing it have failed. Lagarde defends we should pursue globalization
policies that extend the benefits of openness and integration while alleviating their side
effects. How to make globalization more just is a very complex question that involves
redesigning economic systems. But how? That’s the question.
Globalization is deeply connected with economic systems and markets, which, on their
turn, impact and are impacted by social issues, cultural factors that are hard to
overcome, regional specificities, timings of action and collaborative networks. All of this
requires, on one hand, global consensus and cooperation, and on the other, country-
specific solutions, apart from a good definition of the adjective “just”.

History of Globalization
For some people, this global phenomenon is inherent to human nature. Because of this,
some say globalization begun about 60,000 years ago, at the beginning of human
history.
Throughout time, human societies’ exchanging trade has been growing. Since the old
times, different civilizations have developed commercial trade routes and experienced
cultural exchanges. And as well, the migratory phenomenon has also been contributing
to these populational exchanges. Especially nowadays, since traveling became quicker,
more comfortable, and more affordable.
This phenomenon has continued throughout history, notably through military conquests
and exploration expeditions. But it wasn’t until technological advances in transportation
and communication that globalization speeded up. It was particularly after the second
half of the 20th century that world trades accelerated in such a dimension and speed
that the term
“globalization” started to be commonly used.

Examples of Globalization

Because of trade developments and financial exchanges, we often think of globalization


as an economic and financial phenomenon. Nonetheless, it includes a much wider field
than just flowing of goods, services or capital. Often referred to as the globalization
concept map,some examples of globalization are:
• Economic globalization: is the development of trade systems within transnational
actors such as corporations or NGOs;
• Financial globalization: can be linked with the rise of a global financial system with
international financial exchanges and monetary exchanges. Stock markets, for instance,
are a great example of the financially connected global world since when one stock
market has a decline, it affects other markets negatively as well as the economy as a
whole.
• Cultural globalization: refers to the interpenetration of cultures which, as a
consequence, means nations adopt principles, beliefs, and costumes of other nations,
losing their unique culture to a unique, globalized supra-culture;
• Political globalization: the development and growing influence of international
organizations such as the UN or WHO means governmental action takes place at an
international level. There are other bodies operating a global level such as NGOs like
Doctors without borders or Oxfam;
• Sociological globalization: information moves almost in real-time, together with
the interconnection and interdependence of events and their consequences. People
move all the time too, mixing and integrating different societies;
• Technological globalization: the phenomenon by which millions of people are
interconnected thanks to the power of the digital world via platforms such as
Facebook,Instagram, Skype or Youtube.
• Geographic globalization: is the new organization and hierarchy of different
regions of the world that is constantly changing. Moreover, with transportation and
flying made so easy and affordable, apart from a few countries with demanding visas, it
is possible to travel the world without barely any restrictions;
• Ecological globalization: accounts for the idea of considering planet Earth as a
single global entity – a common good all societies should protect since the weather
affects everyone and we are all protected by the same atmosphere. To this regard, it is
often said that the poorest countries that have been polluting the least will suffer the
most from climate change.

Benefits of Globalization

Globalization has benefits that cover many different areas. It reciprocally developed
economies all over the world and increased cultural exchanges. It also allowed financial
exchanges between companies, changing the paradigm of work. Many people are
nowadays citizens of the world. The origin of goods became secondary and geographic
distance is no longer a barrier for many services to happen.
The most visible impacts of globalization are definitely the ones affecting the economic
world. Globalization has led to a sharp increase in trade and economic exchanges, but
also to a multiplication of financial exchanges.
In the 1970s world economies opened up and the development of free trade policies
accelerated the globalization phenomenon. Between 1950 and 2010, world exports
increased 33-fold. This significantly contributed to increasing the interactions between
different regions of the world.
This acceleration of economic exchanges has led to strong global economic growth. It
fostered as well a rapid global industrial development that allowed the rapid
development of many of the technologies and commodities, we have available
nowadays. Knowledge became easily shared and international cooperation among the
brightest minds speeded things up. According to some analysts, globalization has also
contributed to improving global economic conditions, creating much economic wealth.
At the same time, finance also became globalized. From the 1980s, driven by neoliberal
policies, the world of finance gradually opened. Many states, particularly the US under
Ronald Reagan and the UK under Margaret Thatcher introduced the famous “3D
Policy”:
Disintermediation, Decommissioning, Deregulation.
The idea was to simplify finance regulations, eliminate mediators and break down the
barriers between the world’s financial centers. And the goal was to make it easier to
exchange capital between the world’s financial players. This financial globalization has
contributed to the rise of a global financial market in which contracts and capital
exchanges have multiplied.
Together with economic and financial globalization, there has obviously also been
cultural globalization. Indeed, the multiplication of economic and financial exchanges
has been followed by an increase in human exchanges such as migration, expatriation
or traveling.
These human exchanges have contributed to the development of cultural exchanges.
This means that different customs and habits shared among local communities have
been shared among communities that have different procedures and even different
beliefs. Good examples of cultural globalization are, for instance, the trading of
commodities such as coffee or avocados. Coffee is said to be originally from Ethiopia
and consumed in the Arabid region. Nonetheless, due to commercial trades after the
11th century, it is nowadays known as a globally consumed commodity. Avocados, for
instance, grown mostly under the tropical temperatures of Mexico, the Dominican
Republic or Peru. They started by being produced in small quantities to supply the local
populations but today guacamole or avocado toasts are common in meals all over the
world.
At the same time, books, movies, and music are now instantaneously available all
around the world thanks to the development of the digital world and the power of the
internet.
These are perhaps the greatest contributors to the speed at which cultural exchanges
and globalization are happening. There are also other examples of globalization
regarding traditions like Black Friday in the US, the Brazilian Carnival or the Indian Holi
Festival. They all were originally created following their countries’ local traditions and
beliefs but as the world got to know them, they are now common traditions in other
countries too.

Negative Effects of Globalization

Globalization is a complex phenomenon. As such, it has a considerable influence on


several areas of contemporary societies. Let’s take a look at some of the main negative
effects globalization has had so far.
Apart from all the benefits globalization has had on allowing cultural exchanges it also
homogenized the world’s cultures. That’s why specific cultural characteristics from some
countries are disappearing. From languages to traditions or even specific industries.
That’s why according to UNESCO, the mix between the benefits of globalization and the
protection of local culture’s uniqueness requires a careful approach.
Despite its benefits, the economic growth driven by globalization has not been done
without awakening criticism. The consequences of globalization are far from
homogeneous: income inequalities, disproportional wealth and trades that benefit
parties differently. In the end, one of the criticisms is that some actors (countries,
companies, individuals) benefit more
from the phenomena of globalization, while others are sometimes perceived as the
“losers” of globalization. As a matter of fact, a recent report from Oxfam says that 82%
of the world’s generated wealth goes to 1% of the population.
Many critics have also pointed out that globalization has negative effects on the
environment. Thus, the massive development of transport that has been the basis of
globalization is also responsible for serious environmental problems such as greenhouse
gas emissions, global warming or air pollution.
At the same time, global economic growth and industrial productivity are both the
driving force and the major consequences of globalization. They also have big
environmental consequences as they contribute to the depletion of natural resources,
deforestation and the destruction of ecosystems and loss of biodiversity. The worldwide
distribution of goods is also creating a big garbage problem, especially on what
concerns plastic pollution.

Globalization, Sustainable Development, and CSR

Globalization affects all sectors of activity to a greater or lesser extent. By doing so, its
gap with issues that have to do with sustainable development and corporate social
responsibility is short.
By promoting large-scale industrial production and the globalized circulation of goods,
globalization is sometimes opposed to concepts such as resource savings, energy
savings or the limitation of greenhouse gases. As a result, critics of globalization often
argue that it contributes to accelerating climate change and that it does not respect the
principles of ecology. At the same time, big companies that don’t give local jobs and
choose instead to use the manpower of countries with low wages (to have lower costs)
or pay taxes in countries with more favorable regulations is also opposed to the criteria
of a CSR approach. Moreover, the ideologies of economic growth and the constant
pursuit of productivity that come along with globalization, also make it difficult to design
a sustainable economy based on resilience.\

On the other hand, globalization is also needed for the transitioning to a more
sustainable world, since only a global synergy would really be able to allow a real
ecological transition. Issues such as global warming indeed require a coordinated
response from all global players: fight against CO2 emissions, reduction of waste, a
transition to renewable energies. The same goes for ocean or air pollution, or ocean
acidification, problems that can’t be solved without global action. The dissemination of
green ideas also depends on the ability of committed actors to make them heard
globally.

Effects of Globalization to Police Service


Threats of Globalization to Police Service
• Increasing volume of human rights violations evident by genocide and mass killing
• The underprivileged gain unfair access to global mechanisms on law enforcement and
security
• Rise of conflict between nations
• Transnational criminal networks for drug trafficking money laundering etc.
Opportunities of Globalization to Police Service
• Creation of International Tribunal to deal with Human Rights problems
• Humanitarian Intervention that can promote universal norms and link them to the
enforcement power of the states
• Transnational Professional Network and cooperation against transnational crime
• Global groups for conflict monitoring and coalitions against transnational crimes
References
National Geographic (2019). Effects of economic globalization. Retrieved from
https://www.nationalgeographic.org/article/effects-economic-globalization/12th-grade/
The Levin Institute - The State University of New York (2020). What is globalization? Retrieved
from
https://www.globalization101.org/what-is-globalization/
Youmatter.org (2020). Globalization: Definition, benefits, effects, examples – what is
globalization?. Retrieved
from https://youmatter.world/en/definition/definitions-globalization-definition-benefits-effects-
examples/

CHAPTER TWO

• identify Learning Objectives:


the different crimes under globalization of crimes and law enforcement
efforts to combat them

Introduction

Crime of globalization, also known as Transnational Crimes, has been rampant


during recent years. As defines, globalization of crimes are crimes that are committed
across national borders. Since the fall of the Soviet Union and collapse of communism in
its neighboring countries, trade has expanded on a more global level, and with it the
crime that so often accompanies large flows of money. However, even though trade has
expanded, the laws and regulations that govern it often have not. Large corporations
from wealthy countries like the U.S. could suddenly build factories far away, where
there are little to no labor laws, and they could hire children like Jorge and Manuel to
work in their unregulated factories for quite a few dollars less than they would pay an
adult in an American factory. But as we'll see, it gets even worse than that.
Globalization has increased the opportunities for criminals, and criminals have been
among the major beneficiaries of globalization. The criminals’ international expansion
has been made possible by the increasing movement of people and goods and the
increasing ease of communication that have made it possible to hide the illicit among
the expanding licit movement of people and goods. More significantly, the control of
crime is state-based, whereas nonstate actors such as criminals and terrorists operate
transnationally, exploiting the loopholes within state-based legal systems to expand
their reach.
Crime of globalization are, but not limited to, human trafficking, money laundering,
cybercrimes, piracy, arms smuggling, terrorism, environmental crimes and the like.

Human Trafficking

Human Trafficking is the commerce and trade in the movement or migration of people,
legal and illegal, including both legitimate labor activities as well as forced labor.
While, trafficking in Persons is the recruitment, transportation, transfer, harboring or
receipt of persons, by means of: threat or use of force or other forms of coercion,
abduction, fraud, deception, abuse of power, a position of vulnerability, the giving or
receiving of payments or benefits to achieve the consent of a person having control
over another person, for the purpose of exploitation ;

Some causes and facilitators of trafficking in persons are:

a. Lack of employment opportunities


b. Organized crime
c. Regional imbalances
d. Economic disparities
e. Social discrimination
f. Corruption in government
g. Political instability
h. Armed conflicts
i. Mass resettlement without proper resettlement package
j. Profitability
k. Insufficient penalties against traffickers
l. Minimal law enforcement on global sex tourism industry
m. Legal processes that prosecute victims instead of the traffickers
n. Poor international border defense

Money Laundering

Money Laundering is the practice of disguising illegally obtained funds so that they may
seem legal.
Steps of Money Laundering
1. Placement – (also called immersion) is the physical disposal of the money by moving
funds from direct association with crime and putting them into the financial system,
usually through
Smurfing (moving small amounts at times to avoid suspicion). It involves bank
complicity, the mixing of licit with illicit funds, cash purchases and the smuggling of
currency to safe havens.
2. Layering – is (also called heavy soaping) the process of disguising the trail to foil
pursuit. It involves the creation of false paper trail, conversion of cash into monetary
instruments and the conversion of tangible assets obtained by means of cash
purchases. Electronic processes is the most cost-effective layering method. They offer
the criminal speed, distance, minimal audit trail and virtual anonymity amid the
enormous daily volume of electronic transfer, all at minimal cost.
3. Integration – (also called spin dry) the money is again available to the criminal with
its occupational and geographical origin hidden. Because the money is often repatriated
in the form of clean, often taxable income. It is achieved by means of real estate
transactions, front companies and sham loans, foreign bank complicity and false import
and export transactions.
Cybercrimes

Cybercrimes are defined as:


• Any offense that is committed by a computer, computer system or computer network
• Any offense in which the computer, computer system or computer network is the
target
• Any offense in which the computer, computer system or computer network is used to
hide or store possible evidence

Categories of Cybercrimes

1. Children and adolescents from 6-18 years old – due to their inquisitiveness to explore
things
2. Organized hackers – the reasons are usually political as well as fundamentalism
3. Professional hackers – their work is motivated by the color of money
4. Discontented employees – employees who are sacked or dissatisfied

Manners of Committing Cybercrimes

1. Hacking – or cracking – the unauthorized access into or interference in a computer


system, server, or information and communication system; or any access in order to
corrupt, alter, steal, or destroy using a computer or other similar information and
communication devices, without the knowledge and consent of the owner of the
computer or information and communication system; including the introduction of
computer viruses and the like, resulting in the corruption, destruction, alteration, theft
or loss of electronic data messages or electronic document.
a. Denial of Service Attack – the bandwidth of the victim’s network is flooded or his e-
mail box is filled with spam mail depriving him of the services he is entitled to access or
provide.
b. Virus Dissemination – this is usually done by means of a malicious code or software
that modifies or destroys data, steals data or allows unauthorized access, or exploits or
damages a system in a manner not intended by the user.
c. Web Defacement – this is the act of the intruder into a server and changing without
permission all the aspect of a website which the public can see
2. Theft of information contained in Electronic Form – information stored in the
computer hard disc, removable storage media, etc. are stolen
3. E-mail Bombing – large number of e-mails are sent to the victim that results to
crashing
4. Data Diddling – raw data are altered just before the computer processes them and
then changing it back after the processing is completed
5. Salami Attack – logic bombs are introduced into the bank’s system that result to the
deduction of an insignificant amount from every account and transferred into a single
account
6. Denial of Service Attack – the computer of the victim is flooded with more request
than it could handle which cause it to crash
7. Virus or worm attack – viruses are programs that attach themselves to a computer or
a file and then circulate to other files or to the other computers on a network. They
usually alter or delete data. Worms eat up the available space on a computer’s memory
8. Logic Bombs – are event-dependent programs created to do something only when a
certain event occurs e.g. viruses that lie dormant and only become active at particular
dates
9. Trojan Attacks – are unauthorized programs which passively gains control over
another’s system by representing itself as an authorized program.
10. Internet Time Theft – the internet surfing hours of the victim are used up by
another person without his consent
11. Web Jacking – the hacker gains access and control over the web site of another.
12. Software Piracy – software are stolen through the illegal copying of genuine
programs and the products distributed to the customers
13. Online Gambling – betting in the hope of winning money through the internet
14. Pornography – computers are used in the production, distribution, encryption and
storage of digital images usually of children who are usually the victims of pedophiles.
15. Internet Relay Chat – hackers and even other criminals use chat rooms for
discussing their exploits and share techniques in committing criminal acts
16. E-mail threats and extortion – the criminal sends threatening emails or threatens
the victim via the chat rooms. It could also be done by copying the company’s
confidential data or trade secrets in order to extort huge amount of money from the
company
17. Phising – a form of identity theft in which scammers send mass emails posing as
banks, credit card companies, popular commercial web sites, asking the recipients to
confirm or update financial information in a hyperlink in order to appear like it came
from the original website
18. Cyber Stalking – the criminal follows the victim by sending emails, and frequently
entering the chat rooms that causes an intentional, substantial and unreasonable
intrusion into the private life of the person causing him mental distress
19. Cyber Defamation – the use of the computer system to make false statements
against a person thereby injuring his reputation
20. E-mail Spoofing – the emails are misrepresented and they usually contain viruses
21. Computer vandalism – any physical harm done to the computer set
22. Cyber Terrorism – it is the premeditated use of disruptive activities, or the threat
thereof, in cyber space, with the intention to further social, ideological, religious,
political or similar objectives, or to intimidate any person in furtherance of such
objectives.
23. Cyber Fraud and Cheating – it is the most lucrative business nowadays that consist
of credit card crimes, contractual crimes, offering jobs, etc.
24. Harassment via emails – the person threatens or blackmails the victim by sending
him emails
25. Computer Sabotage – is the input, alteration, erasure or suppression of computer or
communication data, programs, systems or networks. It also includes computer fraud
and forgery.

Piracy

Acts of piracy threaten maritime security by endangering, in particular, the welfare of


seafarers and the security of navigation and commerce. These criminal acts may result
in the loss of life, physical harm or hostage-taking of seafarers, significant disruptions to
commerce and navigation, financial losses to ship-owners, increased insurance
premiums and security costs, increased costs to consumers and producers, and damage
to the marine environment. Pirate attacks can have widespread ramifications, including
preventing humanitarian assistance and increasing the costs of future shipments to the
affected areas.
The Secretariat of the United Nations, inter alia, assists States in the uniform and
consistent application of the international legal framework for combatting acts of piracy,
as reflected in the 1982
United Nations Convention on the Law of the Sea, and complemented by other relevant
international legal instruments. Relevant activities include support and technical
assistance to States.
The international legal framework is also complemented by a number of resolutions of
the
Security Council. The United Nations also participates in the work of the Contact Group
on Piracy off the Coast of Somalia which facilitates the discussion and coordination of
actions among States and Council resolutions. These activities are coordinated by the
United Nations Assistance Mission in Somalia.

Arms Smuggling

The problem of arms trafficking is multidimensional. Firearms are manufactured and


traded both licitly and illicitly thus making the identification and tracing of illegally
manufactured and trafficked firearms very complex. Further complicating matters, most
firearms are produced legally and then diverted into the illicit market. Notably, illicit
arms are present in most forms of violent crimes and increase the power of organized
criminal groups. For this and other reasons, they are worth exploring in more detail.
A variety of international and regional instruments form part of the legal regime on
firearms.
The Organized Crime Convention is among the most significant global efforts to tackle
firearms trafficking. One of the three supplementing Protocols to this Convention is the
Protocol against the
Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and
Ammunitions
(Firearms Protocol). It addresses the issue of illicit manufacturing and trafficking of
firearms from the criminal justice angle and it was the first legally binding instrument on
small arms adopted at the global level. It was developed with a view to providing
measures to address the transnational nature of the phenomenon and its links to
organized crime. The Firearms Protocol contains a definition of firearms in article 3.
Definition of firearms in article 3 of the Firearms Protocol
"Firearm" shall mean any portable barrelled weapon that expels, is designed to expel
or may be readily converted to expel a shot, bullet or projectile by the action of an
explosive, excluding antique firearms or their replicas. Antique firearms and their
replicas shall be defined in accordance with domestic law. In no case, however, shall
antique firearms include firearms manufactured after 1899;
The Firearms Protocol, which requires a separate ratification, entered into force in
2005. It is a significant step forward in attempting to control the world's illicit
marketplace in weaponry. As it is obvious that no firearm, whatever its purpose, can
function without ammunition, the Firearms Protocol also covers the criminalization of
the illicit manufacturing and trafficking in ammunitions, as well as in firearms' parts and
components. The Firearms Protocol aims "to promote, facilitate and strengthen
cooperation among States
Parties in order to prevent, combat and eradicate the illicit manufacturing of and
trafficking in firearms, their parts and components and ammunition" (article 2, Firearms
Protocol). The Protocol has a number of major features, which are binding on State
parties. In particular, it requires them to:
• Criminalize the illicitly manufacturing and trafficking of firearms, their parts and
components and ammunition, and falsifying or illicitly obliterating, removing or altering
the markings on firearms.
• Mark firearms for purposes of their effective tracing and identification.
• Keep systematic records of information on firearms and international transactions in
firearms, their parts and components and ammunition for tracing purposes.
• Mandate by law the confiscation of illicitly manufactured or trafficked firearms, their
parts and components and ammunition after which the firearms should be ideally
destroyed unless another disposal has been officially authorized.
• Keep documentation and licensing of all international transactions and brokers and
marking of all imported firearms and government firearms turned to civilian use.
• Render permanently inoperable all deactivated firearms.
• Share information such as organized criminal groups suspected of involvement in
firearms trafficking.
• Identify a national body or a single point of contact to act as liaison between the
country and other States Parties on matters relating to the Protocol.
State parties to the Firearms Protocol undertake to exchange relevant case-specific
information and cooperate extensively at the bilateral, regional and international levels,
including by providing training and technical assistance to other parties.
Other international and regional instruments, although covering similar topics, address
the issue from a disarmament, trade or development perspective, and focus more on
measures to reduce the accumulation, proliferation, diversion and misuse of firearms,
than to bring offenders to justice. Theseelements reflect substantively different
although complementary approaches to the same problem.
Another important international instrument in this field is the Arms Trade Treaty (ATT),
which entered into force in December 2014. The ATT is of broader scope and covers
eight categories of arms,whereas the Firearms Protocol only covers firearms, their parts
and components and ammunitions. In particular, the ATT applies to "all conventional
arms within the following categories: (a) battle tanks; (b) armoured combat vehicles;
(c) large- calibre artillery systems; (d) combat aircraft; (e) attack helicopters; (f)
warships; (g) missiles and missile launchers; and (h) small arms and light weapons"
(article 2, Arms Trade Treaty).
Both instruments promote international cooperation to tackle the challenges posed by
the illicit trafficking of weapons. The Firearms Protocol pursue this through promoting
cooperation to combat and prevent transnational organized crime more effectively,
while the ATT is more generally refers to international humanitarian law, the reduction
in armaments, as well as human rights considerations
(UNODC, 2016).

Terrorism
Environmental Crimes

Environmental criminals pose a grave threat to our everyday lives, our planet and to
future generations. Borders do not restrict environmental crimes, which range from
ivory trafficking and overfishing of protected species, to illegal logging and the
dumping of hazardous waste.
The same routes used to smuggle wildlife across countries and continents are often
used to traffic weapons, drugs and people. Indeed, environmental crime often occurs
hand in hand with other offences such as passport fraud, corruption, money laundering
and even murder. Unlike the illegal trade in drugs and other illicit goods, natural
resources are finite and cannot be replenished in a lab. As such, there is a sense of
urgency to combat environmental crime.
References
Shelley, L. (2010). The Globalization of Crime. In M. Natarajan (Ed.), International Crime and
Justice (pp. 3-10).
Cambridge: Cambridge University Press. doi:10.1017/CBO9780511762116.005
United Nations and the Rule of Law (n.d.) Piracy. Retrieved from
https://www.un.org/ruleoflaw/thematicareas/
transnational-threats/piracy/
United Nations the Doha Declaration (n.d.) Firearms trafficking. Retrieved from
https://www.unodc.org/e4j/en/organized-crime/module-3/key-issues/firearms-trafficking.html
Activity # 6:
Watch on YouTube the video entitled “Why earth destruction is a crime -
VPRO documentary” with a link: https://youtu.be/8xOZDjTW8bI and write a
reaction paper about the documentary.
CHAPTER THREE:

International police
Learning Objectives:
a. strengthen the awareness of the strategies of International Police Organizations in
Combating transnational crimes
b. explaining the nature of international police organizations and how it works
d. appreciate the role of the different ASEAN police in cooperation against transnational
crimes

Introduction

International police cooperation organizations are intended to serve as clearing houses


that collect police information voluntarily shared by national police authorities and
analyze the data to provide finished intelligence.
The intent of these IOs is to coordinate a multilateral fight against transnational crime
by addressing the obstacles to cooperation that ensue from isolationist/nationalist
attitudes. Because states have traditionally viewed police matters as a core national
responsibility, agreement on how much authority these bodies ought to have has been
difficult to reach and led to very broad conventions that are entirely left to the
interpretation of individual member states.
So, the adaptation of national infrastructures that are conducive to sharing information
with other states is left to individual states. This study argues for a sequence of roles,
intended and unintended, that must be performed in order for these international
bodies to fulfill their mandates of facilitating cooperation and the sharing of information

INTERPOL (ICPO)

In a perfect world, when and if a criminal committed a crime, he would conveniently


remain within the confines of the jurisdiction where the crime was committed. Then
again in a perfect world, there would be no crime, to begin with.
Unfortunately for us, our world isn't perfect and, as if dealing with the problem of crime
weren't difficult enough, law enforcement agencies often find themselves dealing with
jurisdictional issues and red tape when trying to investigate crimes and apprehend
criminals.
INTERPOL has been helping local and national police agencies fight crime around the.
For more than 100 years, the international organization now known as world.
Interpol is the world’s largest international police organization, coordinating action
between forces around the world, including searches for wanted and missing people.
The agency, which has 192 member countries, says its role is “to enable police around
the world to work together to make the world a safer place". Based in the French city of
Lyon, Interpol’s General Secretariat oversees the day to- day work of the organization,
while diplomats say the role of president is largely ceremonial.

History of INTERPOL

The International Criminal Police Commission (ICPC) formed in 1923. With


headquarters in Vienna, Austria, the organization published a journal containing
wanted notices for international criminals. World War II interrupted the growth if the
ICPC -- the Nazis took control, deposed the current
Secretary General and moved the headquarters to Berlin. Following the war, the
organization was rebuilt and new headquarters were established in Paris. The group
officially took the telegraph code name
"Interpol," and adopted the colored notice system. The headquarters moved to Lyons in
1989. The 1990s and 2000s saw the rapid development and expansion of
communications and database systems.
The official Interpol emblem is a globe, which is flanked by olive wreaths and a
justice scale, in front of a sword, with the agency's initials at the top and the name
Interpol along the bottom. The
Interpol flag features the emblem on a white circle against a light blue background with
white bolts of lightning pointing toward the corners, symbolizing the speed of
communications accomplished by Interpol.
Interpol can boast success in several major cases. One of the 2004 Madrid train
bombers was identified by cooperation between officials in Belgrade, Baghdad and
Madrid using the I-24/7 system
[Source: Interpol]. In 2005, an Interpol incident response team obtained and
disseminated fingerprints and photographs of Abu Musab Al-Zarqawi, one of the world's
most wanted terrorists [Source: Interpol].
Interpol has worked with the National Center for Missing and Exploited Children to find
and recover children who have been abducted across national borders [Source: Center
for Missing and Exploited Children]. The organization's efforts were especially notable
following the 2004 Tsunami, when incident response teams helped coordinate the many
humanitarian and law-enforcement agencies involved. They also played a major role in
victim identification. In a 2005 speech, Interpol President (a position on the Executive
Committee) Jackie Selebi provided a prime example of Interpol at work:
"Interpol success stories demonstrate the critical roles our different NCBs play in global
police cooperation. For instance, a Serbian national, Milan Lukic, wanted by the United
Nations International Criminal Tribunal for the Former Yugoslavia (ICTY) and Serbia and
Montenegro, for war crimes against Bosnian Muslims in 1992-94, was arrested in
Buenos Aires last August 7, 2005. This could not have been possible without the close
collaboration between ICTY, the Interpol General Secretariat, and the NCBs in Argentina
and Chile. The true identity of Mr. Lukic, who was using a false name when accosted by
the Argentinean authorities, was confirmed when his fingerprints were sent by NCB
Buenos Aires to IPSG for immediate comparison and confirmation. This success story
clearly demonstrates that our NCBs play a very key operational role in global police
cooperation, and utilizing them to their fullest potential will make a difference in our
fight against transnational crime and terrorism."

Purpose of INTERPOL

INTERPOL is not an investigative body, but instead is a support organization with the
goal of aiding in the investigation of crimes and arrests of criminals worldwide . The
organization has established a secure communications system to expedite international
cooperation and provide access to international criminal databases such as the United
States' NCIC. The organization also employs forensic science experts, police training,
and crime analysts to provide an international support system for crime fighters.

Who makes Up INTERPOL?

The General Secretariat coordinates our day-to-day activities to fight a range of crimes.
Run by the Secretary General, it is staffed by both police and civilians and comprises a
headquarters in Lyon, a global complex for innovation in Singapore and several
satellite offices in different regions.
In each country, an INTERPOL National Central Bureau (NCB) provides the central point
of contact for the General Secretariat and other NCBs. An NCB is run by national police
officials and usually sits in the government ministry responsible for policing.
The General Assembly is our governing body and it brings all countries together once a
year to take decisions.

General Assembly

The General Assembly is INTERPOL’s supreme governing body, comprising


representatives from
each of our member countries. It meets once a year and each session lasts around four
days.
Each member country may be represented by one or several delegates who are
typically chiefs of police and senior ministry officials .
Its purpose is to ensure that INTERPOL’s activities correspond to the needs of our
member countries. It does this by determining the principles and measures for the
Organization to reach its objectives, and by reviewing and approving the program of
activities and financial policy for the coming year.
In addition, the General Assembly elects the members of the Executive Committee, the
governing body which provides guidance and direction in between sessions of the
Assembly. On the agenda each year are also the major crime trends and security
threats facing the world.
The General Assembly takes decisions in the form of Resolutions. Each member country
represented has one vote. The decision-making process is made by either a simple or
two-thirds majority, depending on the subject matter. These Resolutions are public
documents and available from 1960 to the current date.
As the largest global gathering of senior law enforcement officials, the General
Assembly also provides an important opportunity for countries to network and share
experiences.
Executive Committee

The Executive Committee is the governing body in charge of supervising the


execution of the
General Assembly’s decisions and the administration and work of the General
Secretariat. It meets and sets three times a year organizational policy and direction .
The Committee's members sit at the top level of policing in their own countries and
bring many years of experience and knowledge to advise and guide the Organization.
Its role is to:
• Supervise the execution of the decisions of the General Assembly;
• Prepare the agenda for sessions of the General Assembly;
• Submit to the General Assembly any programme of work or project which it considers
useful;
• Supervise the administration and work of the Secretary General.
Elected by the General Assembly, the Executive Committee has 13 members comprising
the
President of the Organization, two vice-presidents and nine delegates. They are all from
different countries and the geographical distribution is balanced.
The President is elected for four years, and vice-presidents and delegates for three.
They are not immediately eligible for re-election either to the same posts or as
delegates to the Executive Committee.

President: Kim Jong Yang (Republic of Korea)


Vice-President: Benyamina Abbad (Algeria)
Šárka Havránková (Czech Republic)
Vice-President for the Americas – Vacant
Delegates: Khaled Jameel Al Materyeen (Jordan)
Ahmed Nasser Al-Raisi (United Arab Emirates)
Jean-Jacques Colombi (France)
Héctor Espinosa Valenzuela (Chile)
Rogerio Galloro (Brazil)
Robert Guirao Bailén (Andorra)
Destino Pedro (Angola)
Olushola Kamar Subair (Nigeria)
Jannine Van den Berg (The Netherlands)

General Secretariat\

INTERPOL is a membership-based organization, and the General Secretariat is the


body that coordinates all our policing and administrative activities.
It is run by the Secretary General; currently Jürgen Stock of Germany, who was
appointed by the General Assembly in November 2014.
There are around 1,000 staff, one-quarter of whom are law enforcement personnel
seconded by their national administration. Staff work in any of the Organization's four
languages: Arabic, English,
French and Spanish.
The headquarters in Lyon coordinates much of the policing expertise and services we
provide to member countries. It is also the administrative and logistical centre of the
Organization.
Based in Singapore since 2015, the INTERPOL Global Complex for Innovation is the
centre of our activities in cybercrime, research and development, and capacity building.
It also provides an Asian base for the Organization in several crime areas.
The seven regional bureaus bring together police within a region to share experiences
and tackle common crime issues:
• Argentina (Buenos Aires)
• Cameroon (Yaoundé)
• Côte d’Ivoire (Abidjan)
• El Salvador (San Salvador)
• Kenya (Nairobi)
• Thailand liaison office (Bangkok)
• Zimbabwe (Harare)

Secretary General

The Secretary General is responsible for the General Secretariat, overseeing its day-
to-day activities and ensuring that it implements the decisions of the General Assembly
and Executive Committee.
The Secretary General is proposed by the Executive Committee and appointed by the
General Assembly for a period of five years and may be re-appointed once. The role is
defined in the Constitution, notably Articles 28-30.
The current Secretary General is Jürgen Stock of Germany, appointed by the 83rd
General Assembly session in Monaco, November 2014, and reappointed in 2019 to
serve a second five-year term by the 88th General Assembly in Chile.
The Secretary General engages with leaders at both policing and political levels to
increase support for the Organization, advocating for our role within today’s global
security architecture, and being a voice for policing matters on the world stage. This
involves meeting ministers, chiefs of police and representatives of international
organizations. He welcomes high-level visitors to the General
Secretariat to learn more about our activities.
In November 2016, Mr. Stock was the first INTERPOL Secretary General to address
the United
Nations General Assembly, which approved a resolution to further enhance
collaboration between the
UN and INTERPOL against transnational crime and terrorism.
Secretary General Stock has also overseen increased cooperation between INTERPOL
and other international and regional bodies such as the African Union, the Global
Coalition to Defeat ISIS and the
Cooperation Council for the Arab States of the Gulf.
The Secretary General coordinates the day-to-day running of the activities of the
General
Secretariat. This includes all the policing activities, expertise, databases and services
that we provide our membership to support them in the fight against international
crime, and also the ‘corporate’ functions that support this work.
National Central Bureau (NCBs)
Each of our member countries hosts an INTERPOL National Central Bureau (NCB). This
connects their national law enforcement with other countries and with the General
Secretariat via our secure global police communications network called I-24/7.
Many crimes today have an international aspect; think of cybercrimes, fugitives, or
stolen or illicit goods that are driven by organized crime groups. When a crime goes
beyond their national jurisdiction, a country needs international support to solve it.
NCBs are at the heart of INTERPOL and how we work. They seek the information
needed from other NCBs to help investigate crime or criminals in their own country, and
they share criminal data and intelligence to assist another country.
As part of their role in global investigations, NCBs work with:
• Law enforcement agencies in their own country
• Other NCBs and Sub-Bureaus around the world
• The General Secretariat’s offices worldwide
• NCBs can also develop training programmes for their national police to raise
awareness on INTERPOL’s activities, services and databases.
NCBs contribute national crime data to our global databases, in accordance with their
respective national laws. This ensures that accurate data is in the right place at the
right time to allow police to identify a trend, prevent a crime, or arrest a criminal. For
example, our Red Notices alert police in all countries to wanted persons.
NCBs cooperate on cross-border investigations, operations and arrests. To take
investigations beyond national borders, they can seek cooperation from any other NCB.
Given the common issues faced within each region, NCBs work together increasingly on
a regional basis. They combine resources and expertise in successful interventions
against those crime areas which affect them the most.
The composition of an NCB varies from country to country, but they are usually part of
the national police force, and are staffed by highly-trained police officers.
NCBs often sit structurally in a unit close to the national police chief and most of them
have the authority to trigger law enforcement action in their own countries.
NCB staff shape INTERPOL's activities and plans, coming together each year at the
Heads of
NCB Conference. This provides a unique forum for building relationships and working
together to find
joint solutions to common challenges. Many Heads of HCB also participate at our
General Assembly.
INTERPOL NCBs do not respond to requests from the general public. Anyone wishing to
report a crime or provide information on an international investigation should contact
their local or national police, who will in turn contact the NCB.

Advisers

These are experts in a purely advisory capacity, who may be appointed by the
Executive Committee and confirmed by the General Assembly.

Commission for the Control of INTERPOL’s FILES (CCF)

To ensure that the processing of personal information by INTERPOL complies with the
Organization's regulations,
To advise INTERPOL on any project, operation, set of rules or other matter involving
the processing of personal information and
To process requests concerning the information contained in INTERPOL's files.

The INTERPOL Notice System

EUROPOL

The European Union Agency for Law Enforcement


Cooperation, better known under the name Europol, formerly the
European Police Office and Europol Drugs Unit, is the law enforcement agency of the
European Union (EU) formed in 1998 to handle criminal intelligence and combat
serious international organized crime and terrorism through cooperation between
competent authorities of EU member states. The Agency has no executive powers, and
its officials are not entitled to arrest suspects or act without prior approval from
competent authorities in the member states. Seated in The Hague, it comprised 1,065
staff in 2016.

History of Europol

Europol has its origins in TREVI, a forum for security cooperation created among
European Community interior and justice ministers in 1976.
At first, TREVI focused on international terrorism, but soon started to cover other areas
of cross-border crime within the Community. At the European
Summit in Luxembourg on 28–29 June 1991, German Chancellor Helmut Kohl called
for the creation of a European police agency similar to the Federal Bureau of
Investigation (FBI)—thus sowing the seeds of police co-operation across Europe. At the
Summit, the European Council agreed to establish "a Central European Criminal
Investigations Office (Europol) by 31 December 1993 the latest."
The idea of the Luxembourg Summit was further elaborated at the European Council in
Maastricht on 9–10 December 1991, a meeting to draft the Maastricht Treaty. The
European Council agreed to create "a European police office (Europol) the initial
function of which would be to organize exchange of information on narcotic drugs". The
Council likewise instructed TREVI ministers to take measures in setting up the office. On
7 February 1992, Europol was enshrined with more substance in
Article K.1, section 9, as the Maastricht Treaty was signed:
[...] Member States shall regard the following areas as matters of common interest: [...]
police cooperation for the purposes of preventing and combatting terrorism, unlawful
drug trafficking and other serious forms of international crime, including if necessary
certain aspects of customs cooperation, in connection with the organization of Union
wide system for exchanging information within a European Police Office (Europol).
Europol was first de facto organized provisionally in 1993 as the Europol Drugs Unit
(EDU) in Strasbourg at the same site as the Schengen Information System was hosted.
The small initial group started operations there in January 1994 under the leadership of
Jürgen Storbeck and with a mandate to assist national police forces in criminal
investigations. The competition for the permanent site of Europol during the period was
between The Hague, Rome and Strasbourg—the European Council decided on 29
October 1993 that Europol should be established in The Hague. A former Catholic boys
school built in 1910 at Raamweg 47 was chosen as the precise location. The house was
used in World War II by police and intelligence agencies and after the War manned by
the Dutch State Intelligence Service until Europol relocated there later in 1994.
The Europol Convention was signed on 26 July 1995 in Brussels and came into
force on 1 October 1998 after being ratified by all the Member States. The European
Police Office (Europol) commenced its full activities on 1 July 1999.

Task and Activities

Europol is mandated by the European Union (EU) to assist EU Member States in the
fight against international crime, such as illicit drugs, trafficking in human beings,
intellectual property crime, cybercrime, euro counterfeiting and terrorism, by serving as
a center for law enforcement co-operation, expertise and criminal intelligence. Europol
or its officials do not have executive powers — and therefore they do not have powers
of arrest and cannot carry out investigations without the approval of national
authorities.
Europol reported it would focus on countering cybercrime, organized crime, and
terrorism as well as on building its information technology capacities during the 2016–
2020 strategy cycle. Europol likewise stated that the previous strategy cycle of 2010–
2014 laid the foundation for the Agency as the
European criminal information hub. The EU Serious and Organized Crime Threat
Assessment (SOCTA) of 2017 identified eight priority crime areas: cybercrime; drug
production, trafficking and distribution; migrant smuggling; organized property crime;
trafficking in human beings; criminal finances and money laundering; document fraud;
and online trade in illicit goods and services. Additionally, the Agency's tasked activities
in detail include analysis and exchange information, such as criminal intelligence; co-
ordination of investigative and operational action as well as joint investigation teams;
preparation of threat assessments, strategic and operational analyses and general
situation reports; and developing specialist knowledge of crime prevention and forensic
methods.
Europol is to coordinate and support other EU bodies established within the area of
freedom, security and justice, such as the European Union Agency for Law Enforcement
Training (CEPOL), the European Anti-Fraud Office (EAFO), and EU crisis management
missions. The Agency is also directed to assist the
European Council and the European Commission in developing strategic and operational
priorities.
Europol launched on May 4 the new European Financial and Economic Crime
Centre (EFECC).
The Centre aims to enhance the operational support provided to the EU Member States
and EU bodies in the fields of financial and economic crime and promote the systematic
use of financial investigations.
The new EFECC has been set up within the current organizational structure of Europol
that is already playing an important part in the European response to financial and
economic crime and will be staffed with 65 international experts and analysts.

Organization

In the financial year 2017, the Agency's budget was approximately 116.4 million euros.
As of December 2016, Europol has 1065 staff, of which 32.3% are female and 67.7%
male, including employment contracts with Europol, liaison officers from Member States
and third states and organizations, Seconded National Experts, trainees and
contractors. 201 of the staff are liaison officers
and around 100 analysts. In addition to the Management Board and Liaison Bureaux,
Europol is organised into three different departments under the Executive Director:
Operations (O) Department
O1 Front Office
O2 European Serious and Organised Crime Centre (ESOCC)
O3 European Cybercrime Centre (EC³)
O4 European Counter Terrorism Centre (ECTC)
O5 Horizontal Operational Services (HOS)
Governance (G) Department
G1 Corporate Affairs Bureau (CAB)
G2 Corporate Services
G3 Procurement
G5 Security
Capabilities (C) Department
C1 ICT
C5 Administration
ASEANPOL

The first formal meeting of the Chiefs of ASEAN Police was held in Manila,
Philippines on the 21 to 23 October 1981.
• To discuss matters of law enforcement and crime control.
• This annual meeting was called ASEANAPOL Conference.
• The basic requirement for a country to become a member of ASEANAPOL is that the
country shall first be a member of ASEAN and the application shall be tabled at the
conference for approval.
• The members of ASEANAPOL were originally Malaysia, Singapore, Thailand, Indonesia
and the Philippines.
• 1984, Royal Brunei Police joined the conference for the 1st time.
• 1996, The Republic of Vietnam National Police joined the conference
• 1998, Laos General Department of Police and Myanmar police force joined the
conference
• 2000, Cambodia National Police joined the conference
• The current members of ASEANAPOL are Brunei, Cambodia, Indonesia, Lao People
Democratic
Republic, Malaysia, Myanmar, The Philippines, Singapore, Thailand and Vietnam.

History

The Secretariat of ASEANAPOL was on a rotational basis with member countries taking
turns to host the ASEANAPOL Conference and automatically assume the role of the
secretariat for the current year.
The 25th Joint Communique signed by the ASEAN Chiefs of Police during the 25th
ASEANAPOL Conference held in Bali, Indonesia, expressly stated the need to establish a
Permanent ASEANAPOL Secretariat.

Objectives of the establishment of a Permanent Secretariat

• To harmonise and standardise coordination and communication mechanisms amongst


ASEAN police institutions;
• To conduct a comprehensive and integrative study concerning the resolutions agreed
in the ASEANAPOL Joint Communiqués
• To establish a mechanism with responsibility to monitor and follow up the
implementation of resolutions in the Joint Communiqués; and
• To transform the resolutions adopted in the Joint Communiqués into ASEANAPOL Plan
of Action and its work program
The working group which was set up to consider the viability of the permanent
ASEANAPOL
Secretariat finalized that:
1. The Secretariat shall be administrated based on the Terms of Reference;
2. The Head of the Secretariat is an Executive Director and he is assisted by 2
DirectorsThe tenure of services are:
Executive Director - 2 years
Directors - 2 to 3 years
During the 29th ASEANAPOL Conference in Hanoi, Vietnam in 2009, the Terms of
Reference on the establishment of ASEANAPOL Secretariat was endorsed. Kuala Lumpur
was made the permanent seat for the Secretariat.
The ASEANAPOL Secretariat was fully operational from the 1st January 2010.

• References
Grabianowski, E. (2017). How interpol works. Retrieved from
https://people.howstuffworks.com/interpol3.htm
https://www.interpol.int/
www.aseanpol.org
www.europol.europa.eu

CHAPTER FOUR:
BILATERAL AND INTERNATIO Learning
Objectives:
a. determine the programs of the different international organization in order to prevent
transnational crimes

Introduction

Transnational organized crime requires a coordinated transnational response. As


organized criminal networks span the globe, efforts to combat them must likewise cross
borders so as to ensure that organized crime networks do not simply divert their
activities to countries or regions where weak cooperation means weak criminal justice
responses. International cooperation against organized crime should, as a matter of
urgency, be conceived and used as a tool for strengthening sovereignty and security,
not surrendering it. The UNTOC provisions on mutual legal assistance (MLA),
extradition, transfer of sentenced prisoners, and asset confiscation make it a practical
tool in this area.
The Global Programme for Strengthening Capacities of Member States to Prevent and
Combat Organized and Serious Crime (GPTOC) provides technical assistance to the
Member States to effectively implement the Organized Crime Convention in order to
deal with different forms of serious and organized crime. These objectives are achieved
through the development and dissemination of tools, thorough assessments and
awareness-raising, training, and the provision of advisors. The project has a focus on
international cooperation in criminal matters and other cross-cutting issues. Project
components include: establishing and linking regional networks and supporting criminal
intelligence, covert investigations, and witness protection capabilities.
GPTOC supports four ongoing international judicial cooperation networks: the West
African Network of Central Authorities and Prosecutors (WACAP), the International
Cooperation Network for Central Asia and Southern Caucasus (CASC), the Great Lakes
Regional Judicial Cooperation Network
(GLCJN), the South East Asia Justice Network (SEAJust) and acts as a global facilitator
for international cooperation in criminal matters.

United Nations Convention against


Transnational Crimes

The United Nations Convention against Transnational Organized Crime, adopted by


General
Assembly resolution 55/25 of 15 November 2000, is the main international instrument
in the fight against transnational organized crime. It opened for signature by Member
States at a High-level Political
Conference convened for that purpose in Palermo, Italy, on 12-15 December 2000 and
entered into force on 29 September 2003. The Convention is further supplemented by
three Protocols, which target specific areas and manifestations of org anized crime: the
Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children; the Protocol against the
Smuggling of Migrants by Land, Sea and Air; and the Protocol against the Illicit
Manufacturing of and Trafficking in Firearms, their Parts and Components and
Ammunition. Countries must become parties to the Convention itself before they can
become parties to any of the Protocols.
The Convention represents a major step forward in the fight against transnational
organized crime and signifies the recognition by Member States of the seriousness of
the problems posed by it,as well as the need to foster and enhance close international
cooperation in order to tackle those problems. States that ratify this instrument commit
themselves to taking a series of measures against transnational organized crime,
including the creation of domestic criminal offences (participation in an organized
criminal group, money laundering, corruption and obstruction of justice); the adoption
of new and sweeping frameworks for extradition, mutual legal assistance and law
enforcement cooperation; and the promotion of training and technical assistance for
building or upgrading the necessary capacity of national authorities.
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women
and Children, was adopted by General Assembly resolution 55/25. It entered into force
on 25 December
2003. It is the first global legally binding instrument with an agreed definition on
trafficking in persons.
The intention behind this definition is to facilitate convergence in national approaches
with regard to the establishment of domestic criminal offences that would support
efficient international cooperation
in investigating and prosecuting trafficking in persons cases. An additional objective of
the Protocol is
to protect and assist the victims of trafficking in persons with full respect for their
human rights.
The Protocol against the Smuggling of Migrants by Land, Sea and Air, adopted by
General
Assembly resolution 55/25, entered into force on 28 January 2004. It deals with the
growing problem of organized criminal groups who smuggle migrants, often at high
risk to the migrants and at great profit for the offenders. A major achievement of the
Protocol was that, for the first time in a global international instrument, a definition of
smuggling of migrants was developed and agreed upon. The
Protocol aims at preventing and combating the smuggling of migrants, as well as
promoting cooperation among States parties, while protecting the rights of smuggled
migrants and preventing the worst forms of their exploitation which often characterize
the smuggling process.
The Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts
and Components and Ammunition was adopted by General Assembly resolution 55/255
of 31 May 2001. It entered into force on 3 July 2005. The objective of the Protocol,
which is the first legally binding instrument on small arms that has been adopted at the
global level, is to promote, facilitate andstrengthen cooperation among States Parties in
order to prevent, combat and eradicate the illicit manufacturing of and trafficking in
firearms, their parts and components and ammunition. By ratifying the Protocol, States
make a commitment to adopt a series of crime-control measures and implement
in their domestic legal order three sets of normative provisions: the first one relates to
the establishment of criminal offenses related to illegal manufacturing of, and trafficking
in, firearms on the basis of the Protocol requirements and definitions; the second to a
system of government authorizations or licensing intending to ensure legitimate
manufacturing of, and trafficking in, firearms; and the third one to the marking and
tracing of firearms.

PNP Agreement with other Police


Organization

INTERPOL is not a police force. It is the machinery for international police cooperation
and communication. The principles on which Interpol’s functioning is based have stood
the best time. It has become clear that the organization cannot have teams of
detectives with supranational powers who travel around investigating cases in different
countries. International police cooperation is the coordinated action of the member
countries’ police forces, all of which supply and request information and services.
The NCB-Interpol Manila traces its beginnings in 1961 when the Philippines became a
member of the ICPO – INTERPOL, with the National Bureau of Investigation (NBI) as its
focal point. Since then, the NCB-Interpol Manila has undergone changes, which enable
it to confront the challenges of the times.
In one of the General Assembly meetings of the ICPO-INTERPOL, its has been decided
and adopted that the National Central Bureau shall be handled by the controlling body
or Headquarters of the Criminal Police Organization of a member State to be able to do
its undertakings with authority.
In compliance thereto the President of the Philippines issued Memorandum
Order Nr. 92 on February 15, 1993 designating the Philippine National Police
as the INTERPOL National Central Bureau for the Philippines, with the Chief,
Philippine National Police (PNP) as its concurrent Chairman.
The Interpol National Central Bureau was Originally composed of the following
members:
Director General Philippine National Police ——- Chairman
Director, National Bureau of Investigation ——– Member
Commissioner, Bureau of Customs ———Member
Commissioner, Bureau of Internal Revenue ———Member
Commissioner, Bureau of Immigration ———Member
Governor, Bangko Sentral ng Pilipinas ———Member
Executive Director, Dangerous Drug Board ———Member
Commissioner, EIIB ———Member
The first four were designated by the President, and the last four were unanimously
chosen by members of the NATIONAL Law Enforcement Coordinating Committee
(NALECC) as authorized by the
President thru NALECC Resolution 93-10 dated 21 July 1993.
A significant change in its membership however was noted following the dissolution of
EIIB in 1999. The Execitive Director of PCTC was chosen to replace the Commissioner,
EIIB pursuant to NALECC Resolution No. 02-2000 dated 26 March 2002 and was
subsequently designated as Head,
NCB Secretariat. The NCB Secretariat was transferred to PCTC pursuant to Executive
Order No. 100 dated 7 May 1999. Subsequently, the Central Management Office of the
Department of Finance
(DOF). The Presidential Anti-Organized Crime Commision, the Philippine Drug
Enforcement Agency, the Anti-Money Laundering Council and the Department of
Finance become a member of the NALECC
Sub-Committee on Interpol pursuant to NALECC Resolutions. The member agencies of
the NALECC Sub-Committee on Interpol also serve as Functional Sub-agencies of the
NALECC Sub-Committee on Interpol also serve as Functional Sub-Committee on
Interpol also serve as Functional Sub-Bureaus of Interpol NCB Manila.

Philippine Center on Transnational Crime

The Office is created under the Executive Order No.62 dated January 15, 1999. The
mission of the Philippine Center on Transnational Crime (PCTC) is to formulate and
implement a concerted program of action of all law enforcement, intelligence and other
government agencies for the prevention and control of transnational crime.
Executive Order No.100, dated 7 May 1999. “Strengthening the Operational,
Administrative and Information Support System of the PCTC” – This Executive Order
sought to strengthen the operational, administrative and information support system
and capacity of PCTC by placing the following agencies/offices/instrumentalities of
under the general supervision and control of the the Center:
Loop Center of the NACAHT;
INTERPOL NCB-Manila;
Police Attaches of the PNP; and
Political Attaches/Counselors for Security Matters of the DILG.
Furthermore, the website updating is also in compliance with the Administrative Order
No. 39,
s. 2013 mandating government agencies to utilize the government web hosting service
of the
Department of Science and Technology-Information and Communications Technology
Office (DOSTICTO).

References
13th United Nations Congress On Crime Prevention And Criminal Justice (2015) Combating
transnational
organized crime through better international cooperation . Retrieved from
https://www.un.org/en/events/crimecongress2015/pdf/Factsheet_4_International_cooperation_
EN.pdf
http://pctc.gov.ph/
UNODC (2018). United nations convention against transnational organized crime and the
protocols thereto.
Retrieved from https://www.unodc.org/unodc/en/organized-crime/intro/UNTOC.html

CHAPTER FIVE:

PARTICIPATION OF pnp Personnel In UN


Peacekeeping mission
Learning Objectives:

a. determine the programs of the different international organization in order to prevent


transnational crimes

Introduction

Peacekeeping is one among a range of activities undertaken by the UN to maintain


international
peace and security throughout the world. Philippine participation in UN peacekeeping
operations demonstrates the enduring commitment of the country to work with key
actors to ensure peace and stability in the international community. Such stability is
crucial in supporting the three pillars of
Philippine foreign policy on preserving and enhancing national security, promoting and
attaining economic security and protecting the rights, and promoting the welfare and
interest of Filipinos overseas.
Maintaining Philippine participation in UN peacekeeping operations provides greater
opportunities for a deeper engagement with the organization. The training and
experience gained from participation in peacekeeping translates into readiness for
deployment as well as preference by the UN
Department of Peacekeeping Operations for future deployments. Furthermore, deployed
peacekeepers comprise less than 1 percent of the total strength of the Armed Forces of
the Philippines (AFP), the
Philippine National Police (PNP) and the Bureau of Jail Management and Penology
(BJMPP). As such, it does not, in any way, jeopardize the internal security of the
country.
Philippine participation in peacekeeping operations is likewise seen as beneficial to the
national interest, particularly with regard to improving capacities and capabilities of the
Philippine military and police. Deployed peacekeepers from the Philippines not only
share best practices with other troops, units or experts, they also learn valuable skill
sets and policy frameworks which can be used to further strengthen the institutions of
the armed forces and police in the Philippines. The emphasis on respecting UN
mandates, the rule of law, human rights international humanitarian law as well as good
governance and anti-corruption practices are key in the success of peacekeeping
missions and likewise feed into current efforts of the Philippine Government under
President Benigno S. Aquino III which would further strengthen the AFP, the PNP and
the BJMP based on respect for and adherence to democratic ideals and values.
Philippine participation in peacekeeping operations can contribute to efforts of the AFP
to modernize its equipment. With careful strategic and operational planning, the AFP
can use reimbursements from Contingent Owned Equipment to support the upgrading
of medical, transportation and other types of equipment. The funds that can be
generated could be a good source of upgrading of military equipment, if not termed as
modernization." In the light of the pressing need for the Philippines to modernize its
Armed Forces to create a credible defense posture and the continuing need for the AFP
to respond to humanitarian situations in the event of calamities in the country, any
opportunity to modernize its equipment must be pursued.
As a responsible member of the UN, the Philippines is committed to meeting its financial
obligations including financial contributions to the work of UN peacekeeping missions.
Upon receipt of financial assessments from the UN Secretariat, the Philippine
Government, particularly the International
Commitments Fund (ICF) Panel, chaired by the DFA and co-chaired by the DBM,
facilitates the payment to the UN.
For 2014, the Philippines allocated PhP 75,138,000.00 to UN peacekeeping missions
around the world, including the four (4) mission areas where there are were Filipino
peacekeepers. The Philippines has allocated PhP 138,947.00 to UN peacekeeping
missions for 2015. The UN, in return, reimbursed the Philippine Government PhP 15M
for contingent-owned equipment, for 2013, and PhP 106M for the allowances of the
troops in Haiti, Liberia and the Golan Heights, from January to April 2014, excluding
other mission areas where peacekeepers get their allowances directly.
By continuing our participation in UN mission areas, the Philippine Government is
maximizing its financial contributions to the UN.
By participating in UN peacekeeping operations, the Philippines is able to contribute to
actual, on-the-ground efforts to maintain international peace, security and stability.
Such participation does not go unrecognized and plays an important factor in raising the
level of awareness and advancing key issues at the UN related to peacekeeping. In as
much as peacekeeping operations derive their mandate from the UNSC and their
finances from the UNGA, actual involvement in peacekeeping operations provides
greater opportunities for the Philippines to be involved in and articulate policy concerns
on peacekeeping.
This active participation can be translated into greater cooperation, collaboration and
influence within the UN system and with other Member States and political groups such
as the Non-Aligned Movement and the Group of 77 on a variety of issues including
peace-building, protection of human rights, transitional economies, civilian capacities
and women empowerment. Additionally, such interaction can provide more
opportunities to further strengthen bilateral relations with Member States where UN
peacekeepers operate.
The Philippines' role as previous Co-Chair of the ASEAN Defense Ministerial Meeting
(ADMM)-
Plus Experts Working Group on Peacekeeping Operations (PKO) accentuated the
additional value of a deep engagement with UN peacekeeping operations. Speaking
before delegates of the meeting of the
Experts Working Group in June 2012, Defense Secretary Voltaire Gazmin emphasized
the need to take stock of the current PKO capabilities of ADMM-Plus States to enable
them to address capability gaps and identify opportunities for collaboration that would
enhance capacity to effectively contribute to UNmandated peacekeeping operations. He
likewise expressed optimism that the meeting would enable the participating States to
pursue greater cooperation with regard to peacekeeping operations. As a member of
this working group, the Department of National Defense successfully hosted the Table
Top Exercise on UN Peacekeeping Mission from 11 to 15 February 2014 in Manila. It
was attended by peacekeeping experts from member countries of the working group.
The Philippines has a vital stake in the peace, security and stability in the areas where
peacekeepers are deployed considering the volatility of these key areas and the impact
on Filipinos living in these regions. UNDOF, in particular, was seen as an important
mission for maintaining the tenuous peace in the Middle East and served as a vital
listening post which can serve as a feedback mechanism of the DFA Foreign Service
Posts that report on the situation in Syria, in particular, and in the Middle East, in
general. The same could be said regarding the role of Filipino peacekeepers in
Liberia at the height of the Ebola Virus Disease (EVD) outbreak in West Africa.
Informally, peacekeepers on the ground can also be vital sources of first hand
information for Foreign Service Posts, which can translate to opportunities in fields such
as trade, diplomacy, and people to people exchanges.
Philippine participation also builds a lasting legacy with the countries that were assisted
via peacekeeping missions. Examples are the Philippine Expeditionary Force to Korea
formed in the early
1950s and the Philippine contingent to the UN Transitional Administration in East Timor
in the late 1990s all raised the country’s international stature as a dependable
international partner with top tier military forces. It is important to assist other
countries and their people during difficult times because the goodwill generated with
host governments and fellow troop-contributing countries by PH participation in
peacekeeping missions has always been substantial and enduring.
PNP memorandum circular 2009-006
“Rules and procedures on the selection of the PNP personnel for secondment,
detail to international organization, peacekeeping missions.
Selection and Qualification
UN Special Action Team (UNSAT)
Coverage of UNSAT pre-qualifying exam:
• 1st stage – written examination which covers reading comprehension, listening
comprehension, report writing
• 2nd stage – driving proficiency test
• 3rd stage – firing proficiency test
Qualification
1. Age
• Not less than 25; not more than 53 upon actual deployment
2. Rank Requirement
• For PCOs (PSINP, PCINP, PSUPT are allowed to apply)
• For PNCOs (PO3 – SPO4 are allowed to apply)
• With permanent status
3. Service Requirement
• Minimum 5 years of active police service (excluding cadetship, officer
orientation/trainee
course, and police basic course)
4. Physical Requirement
• Passes the latest physical fitness test conducted by the pnp directorate for human
resource and doctrine development
• Medical
• Dental
• Neuropsychiatrist examination
5. Special Skills Needed
• Computer literacy requirement – basic computer operation
CRIM PROF 213 | 34
• Driving proficiency requirement – at least 1-year driving experience and must possess
a valid national or international driver’s license issued at least 1 year to the application
6. Unit recommendation requirement
• All application must be recommended by unit commander (ground commander or
directors of their respective directorial staff, national support units, or police regional
officers.

Terms of Deployment

The deployment of Philippine personnel in UN peace operations shall be governed by:


• Duration of the mandate as specified in the UN resolution authorizing the peace
operation;
• Availability of Philippine personnel, including troops, civilian police, humanitarian
workers and other personnel equipment;
• Safety and security considerations for Philippine personnel; and
• Strict adherence to the Memorandum of Understanding between the Philippines and
the United Nations.
In the recruitment, selection and assignment of personnel who shall participate in UN
peace operations, due consideration shall be given to their ability to cooperate with
other international contingents and the local populations, necessary skills and training,
gender sensitivity and psychological stability.
The considerations for recruitment, selection and assignment of uniformed personnel,
including women, shall be prescribed by the Council upon recommendation of the
concerned agencies. Other non-uniformed personnel projected for deployment shall
likewise be subjected to the preceding considerations.
To ensure the timely submission of nomination requirements, a database of qualified
uniformed and non-uniformed personnel for deployment to UN peace operations and
for secondment to the UN Secretariat shall be submitted by the concerned agencies to
the Secretariat.
Peacemaking, peacekeeping, peace enforcement and peace-building operations shall be
included in the curricula and training courses of the Foreign Service Institute (FSI), and
the concerned AFP and PNP training institutions, among others, in order to enhance the
capacity of the country in contributing personnel with the appropriate technical
expertise and other resources for UN operations.
Pre-deployment briefings for Philippine personnel, covered in the Standardized Generic
Training Module and the Core Pre-deployment Training Module of the UN shall be
undertaken by these government institutions. Training materials shall be obtained from
the UN and other appropriate sources.
The deployment of Philippine personnel to UN peace operations shall primarily be
conducted through the assistance of the UN Secretariat either through a “Letter of
Assist” or a pre-arranged chartered or commercial land, sea or air transportation.
If advance deployment is unavoidable before UN assistance becomes available, the
concerned agency shall initially cover the expenses for such deployment. If necessary,
funds shall be sourced from the Presidential Contingency Fund. The DFA shall ensure
that the UN
Secretariat immediately reimburses the expenses of the government agency concerned.
The non-uniformed personnel deployed in support of UN peace operations may be
drawn from other government agencies, appropriate humanitarian non-governmental
organizations and interested individuals processing skills, experiences and resources
relevant to and which will further enhance the peace operations. The Philippines
exercises the right to observe its own rotation policy, especially with regard to
uniformed personnel, without prejudice to the possibility of seeking reimbursement
from the UN for the deployment and /or repatriation of said personnel.
The Philippines shall see to it that all qualified personnel from the AFP, PNP and other
agencies of the government are given the opportunity to serve in UN field missions and
at the UN Secretariat.
The Philippines may consider UN requests for the extension of personnel serving in UN
field missions and in the UN Secretariat whose repatriation may hamper, delay or
prejudice the accomplishment or conclusion of activities or projects being undertaken
by the UN. Such extension shall be subject to the recommendation of the DFA, through
the Philippine Mission to the United Nations, the endorsement by the Execom and the
approval of the Council.
Any or all of the following conditions must be met before the decision to withdraw
Philippine personnel from UN peace operations is made:
• Where the safety and security of Philippine personnel are placed at serious risk as a
result of sudden shift in the situation on the ground characterized by, among others, a
precarious state of law and order or unabated violence thatrequire strong security
measures.
• Where the consent of the Receiving State for the presence of Philippine and other UN
personnel has been withdrawn.
• Where domestic security concerns require the presence of AFP and PNP personnel
back in the Philippines.

References

Durch, W.J. & Ker, M. (2015). Police in UN peacekeeping: Improving selection, recruitment, and
deployment.
Retrieved from https://www.ipinst.org/wpcontent/
uploads/publications/ipi_e_pub_police_in_un_peacekeeping.pdf
http://www.bjmp.gov.ph/files/MOU_UNPeacekeeping%20Mission.pdf

CHAPTER SIX:

COMParative policing system


Learning Objectives:

a. Discuss the different programs of the selected police models and compare it to the
Philippines
b. appreciate the different police models
Introduction
The study of comparative police system, criminal justice and law is a fairly new field
and has corresponded with rising interest in a more established field, comparative
criminology. However, we will present some issues which will bring you to discover
ideas useful in the conceptualization of
successful crime control policies.

Types ff Police System

1. Common Law Systems


= usually exists in English speaking countries of the world
= there is strong adversarial system and rely upon oral system of evidence in which the
public trial is a main focal point
= also known as “Anglo-American Justice”
2. Civil Law Systems
= distinguished by strong inquisitorial system where less right is granted to the accused
and the written law is taken as gospel and subject to little interpretation
= also known as “Continental Justice or Romano-Germanic Justice”
3. Socialist System
= distinguished by procedures designed to rehabilitate the offender.
= known as Marxist-Leninist Justice and exist in places such as Africa and Asia
4. Islamic System
= based more on the concept of natural justice or customary law or tribal traditions

Comparative Policing Systems of

England
France
China
Japan
Saudi Arabia
United States
Canada
Italy
United Kingdom
North and South Korea
Thailand
Brunei
Cambodia
Lao
Malaysia
Myanmar
Singapore
Vietnam

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