Transnational Crimes

Transnational Crimes- are crimes that have actual or potential effect across national
borders and crimes which are intra- State but which offend fundamental
values of the international community.
- It also include crimes that take place in one country, but their consequences
significantly affect another country.
Examples:
- Human Trafficking, people Smuggling
- Smuggling/ Trafficking of goods ( such as Arm and drug Trafficking)
- Sex slavery, terrorism offences, torture and Apartheid (Racial
Discrimination)

- It may also be crimes of customary international law or international crimes when

committed in certain circumstances.

Example:
- Certain situations which constitute Crimes Against Humanity

CONCEPT OF TRANSNATIONAL CRIME

Transnationalism- is focused on non- state transnational actors, out of the

popularist theories of the “state and its decision making process”. These theorist
argued that political outputs resulted from competition among different interest
groups.
- Actors might be government bureaucrats or their agencies, who often
establish ties with their counterparts in other countries; or
- They could be private actors pursuing their interest in different
countries.
Huntington, 1973, transnational organizations, seek to mobilize their resources and
optimize their strategies to effectively penetrate the territories in which they operate.
Bassiouni, 1983 and Bossard 1990, gives this observation, the distinction between
transnational and international crime is particularly blurred. International crimes are
crimes prohibited by international law, norms, treaties, and customs whereas,
transnational crimes are especially concerned with acts crimnalized by laws of
more than one country.

NATURE OF TRANSNATIONAL CRIME

As defined, transnational crime is an act in violation of laws of two or more

countries/ states. These violations are not limited to Drug trafficking, human
smuggling, terrorism, piracy and cybercrimes but to all act inimical to the welfare of
states/ countries especially if perpetrated by no less than foreigners; example
environment crimes like mining, importation and exportation of toxic waste.

Transnational crimes are committed with several motives; political influence,

economic gain and social control ( like fashion etc.) in a global scope. It is observable
that Nations are motivated by these factors which drive them to exploit other weaker
nations, or nations which demands the products or services of the other nation
although to their advantages and prejudices.
HISTORICAL TYPES OF Transnational crimes

Slavery- submission to a dominating influence or the state of a person who is chattel

of another.

Slave- a person held in servitude as the chattel of another.

White Slavery- engagement in the business for profit, or enlistment of services of

any person for the purpose of prostitution.

Thomas, 1997, the conquest of the Americans in 16th century prompted the
demand for slaves in the new world.

Spain- the first European power to give permission to transfer slaves under King
Ferdinand.

Portuguese, Dutch, French and British - soon followed with their own legislations.

King of England- granted a charter to the Royal African Company to deal in slaves.

British Parliament- made the slave trade illegal at home. However, Britain Formally
banned slavery in its colonies.
- British also used its clout to bring about recognition of slavery as an
international crime.
-
Vienna in 1815 and Verona in 1822, followed suit in the condemnation of slavery.

President Thomas Jefferson of the United States signed into Law the prohibition of
the importation of slaves in March 1807 and went into force in 1808.

PIRACY AS A Transnational Crime

Piracy- refers to robbery in the high seas, or the unauthorized use of another’s
production, invention, or conception especially in infringement of a copy
right.
De Souza, 1999, like slavery, piracy was employed by both Nation- States and private
actors for economic gain and has also been criminalized under international
and domestic law.
General Pericles of Athens and Greek Cities/ States issued decrees aimed at
combating piracy and ensure the safety of the seas.

Piracy continuous to flourish today in certain parts of the world. In particular,

the problem is account in the far- east where small city/ states often offer safe harbor
to pirates in exchange for goods. Piracy possess a strong challenge to the international
order and may become one of the faster- growing transnational crimes of the future.

OPIUM ( other illegal drugs) SMUGGLING

AS Historical Transnational Crimes

Smuggling- the act of conveying or introducing surreptitiously or to import export

secretly contrary to law and especially without paying duties imposed by
law.
Opium- bitter brownish, addictive narcotic drug that consist the dried juice of the
opium puppy.
 Nelson, 1945, like Slavery and Piracy, Smuggling has existed throughout history
and has been employed both as a state policy and by non- state groups. Smuggling
arise because of different laws and regulations that govern markets across borders.
Whenever the flow of commodity is prohibited by one state, it creates an environment
that favors profit through smuggling. State sponsored and states sanctioning illegal
trade have been policies of particular importance.

British- one particular example of state sponsored smuggling or illegal trade in

opium, which gave rise to the opium wars of the 19 th century.

Through the government sanctioned cartel, the British East Indian company, and
by way of Military force, they were able to maintain lucrative opium markets in China
in exchange of Tea and pottery. But later on;

British government and its Emperor declared opium illegal thus the trade went
underground supported and coordinated by Chinese Triad Gang.

What is common to all three historical cases is that changes in policies towards
all three activities were the results of changes in Domestic political and economic
interest in addition to moral attitudes.

It is observed that transnational crimes is not a new act or a new phenomenon,

it existed since man deals with each other in search of their needs.

MODERN TYPES OF TRANSNATIONAL CRIMES

a. Terrorism as a modern transnational crime

b. Illicit Trafficking
c. Computer Crimes
d. Trans- Chemical Environmental Crimes
e. Drug Trafficking
f. Trafficking of Human being

Terrorism as a Modern Transnational Crime

Antiques- are cultural assets of a certain country which portrays or symbolizes the
traditions of such country. These are invaluable treasures that cannot be transferred
or taken out from the owner country.

The Problem
The antiques of some countries have been illegally removed and transported
transnationally to fill the collections of private purchasers and museums.

Transnational Environmental Crimes

Environmental Crime is inherently transnational, despite their transnational

character; most cross border environmental harms are not defined as crimes or
regulatory violations.
This means any action that causes environmental harm outside its country of its
origin, whether or not its victims or some other entity have been given legal standing
to punish wrongdoers or seek redress of damage.

Mechanism of Transnational Environmental crimes:

a. Trans border flow of toxic substance- this occurs when pollutants that
originate
 within one nation –state spread to neighboring or distant countries through
natural ecological process such as movements of streets, rivers, air currents,
and living organism or through deliberate transportations.

b. Trans border Flow of Economic Decisions- economic decisions that originate

in one country can have devastating and often criminal consequences for
environment and people in another country.

c. Trans border Projections of Power- environment are also harmed by trans-

border projections of power in the form of military force. This problem is
endemic in a world system where nation- states continue to rely on military
power to pursue economic and political goals beyond their borders both war and
preparations for war, whether offensive or defensive, pose serious treats to the
health of our ecosystem.

Du Nann Winter 1998, stated that; military actions account for an estimated 20% to
30% of all environmental degradation on the planet.

Drug Trafficking as Transnational crime- one of the most typical forms of

transnational crime is the illegal movement, across one or more national
frontiers of psychoactive substance controlled under three instruments of
international law known as the drug control convention. This is usually
known as “ trafficking of illegal drugs”.

1909- International drug control system started through the Shanghai opium
conference; which forms the International Opium Convention, called the
drug control treaty signed at the Hague in 1912.

Two Protocols of the U.N Conventions against Transnational Organized Crime from
1990 to 2000.

1st- the protocol to prevent, suppress and punish trafficking in persons, especially
women and children.
nd
2 - the protocol against the smuggling of migrants by land, by sea and air,
supplementing the U.N convention against transnational organized crime-
concentrates on illegal immigration organized by criminal group.

These protocols Gives Definition to:

a. Trafficking in Person
b. Exploitation
c. Illegal Entry- crossing borders without complying with the necessary
requirements for legal entry into the receiving state.

December 25, 2003- trafficking protocols entered into force and signed by at least 117
countries as of year 2004.

January 28, 2004- smuggling protocols also come into force and signed by 112
countries as of April 2004.
Cause of Trafficking in Human and Smuggling of Migrants

Trafficking and smuggling, exploit impoverished and vulnerable individuals

seeking a better life.

Factors Influencing these Criminal Activities

a. Push factor- those that force people to leave their country and to resort to
trafficking or smuggling services.
b. Pull factor- those that make the final destination countries attractive for those
people.

The Internet as Transnational and International Crime

Obviously, the Internet (I-way) and international crime are fundamentally
related, as the internet backbone connects all online computer networks worldwide to
each other.
Phrases such as computer crime, network crime, Internet crime, and
information crime have all been employed, often times without specificity, to describe
digital crime. Terms such as hacking, cracking, freaking, spoofing and computer
terrorism have been applied to certain types of digital crimes; again without consistent
usage.
Internet Related Crimes as Transnational Crime
Hacker- A slang term for a computer enthusiast, i.e, a person who enjoys learning
programming languages and computer systems and can often considered an
expert on the subject(s). Among professional programmers, depending on
how it used, the term can be either complimentary or derogatory, although it
is developing an increasingly derogatory connotation.
Crack
a. To break into a computer system. The term was coined in the mid-80s by
hackers who wanted to differentiate themselves from individuals whose sole
purpose is to sneak through security systems.
b. To copy commercial software illegally by breaking (cracking) the various copy
protection and registration techniques being used.
IP Spoofing
A technique used to gain unauthorized access to computers, whereby the
intruder sends messages to a computer with an IP address indicating that
the message is coming from a trusted host.