A Project Work On

COMBATING TRANSNATINAOL CRIMES

SUBMITTED TO: Mr.Manoj Kumar

FACULTY: TRANSNATIONAL CRIME AND LAW (CR.L)

SUBMITTED BY: Anurag nuruti

SEMESTER 10

SECTION A

ROLL NO. 23

SUBMITTED ON:

8 APRIL, 2019

HIDAYATULLAH NATIONAL LAW UNIVERSITY

Raipur, Chhattisgarh
DECLARATION

I, Anurag Nuruti, hereby declare that, the project work entitled, COMBATING
TRANSNATIONAL CRIMES' submitted to H.N.L.U., Raipur is record of an original work
done by me under the guidance of Mr Manoj Kumar, Faculty Member, H.N.L.U., Raipur.

Anurag Nuruti

Batch 14

Roll No. 23

08/04/2019
ACKNOWLEDGEMENTS

Thanks to the Almighty who gave me the strength to accomplish the project with sheer hard
work and honesty.

I would like to sincerely thank my faculty of crL.Transnational crime and law , Mr Manoj
kumar for giving me this topic and guiding me throughout the project. Through this project I
have learned a lot about the aforesaid topic and this in turn has helped me grow as a student.

My heartfelt gratitude also goes out to the staff and administration of HNLU for the
infrastructure in the form of our library and IT lab that was a source of great help in the
completion of this project.

Anurag Nuruti
TABLE OF CONTENT

CHAPTER-I

INTRODUCTION…………………………………………………………4

HISTORY…………………………………………………………………..5

SCOPE OF STUDY.....................................................................................6

COMBATING TRANSNATIONAL CRIMES………………………………7

NEW AND EMERGING FORM OF CRIME………………………………9

PREVENTION…………………………………………………………….11

COMBATING ORGANISED CRIME…………………………………..13

CONCLUSION..........................................................................................13

BIBLIOGRAPHY…………………………………………..................

INTRODUCTION

Transnational crimes are crimes that have actual or potential effect across

national borders and crimes that are intrastate but offend fundamental values of the
international community.[1] The term is commonly used in the law
enforcement and academic communities. Transnational organized crime (TOC) refers
specifically to transnational crime carried out by crime organizations.[2]
The word transnational describes crimes that are not only international (that is, crimes that
cross borders between countries), but crimes that by their nature involve cross-border
transference as an essential part of the criminal activity. Transnational crimes also include
crimes that take place in one country, but their consequences significantly affect another
country and transit countries may also be involved. Examples of transnational crimes
include: human trafficking, people smuggling, smuggling/trafficking of goods (such as arms
trafficking and drug trafficking and illegal animal and plant products and other goods
prohibited on environmental grounds (e.g. banned ozone depleting substances), sex
slavery, terrorism offences, torture and apartheid.
Transnational crimes may also be crimes of customary international law or international
crimes when committed in certain circumstances. For example, they may in certain situations
constitute crimes against humanity.

HISTORY
Prior to World War I, several organizations were created to formalize international police
cooperation, but most quickly failed, primarily because public police institutions were not
sufficiently detached from the political centers of their respective states to function
autonomously as expert bureaucracies. In 1914, the First International Criminal Police
Congress was held in Monaco, which saw police officers, lawyers and magistrates from 24
countries meeting to discuss arrest procedures, identification techniques, centralized
international criminal records and extradition proceedings. This organization appeared poised
to avoid the political forces that ended earlier organizations, but the outbreak of World War I
disorganized the Congress.
In 1923, a second International Criminal Police Congress was held in Vienna, on the
initiative of Mr. Hans Schober, President of the Austrian police. Schober, eager to avoid the
politics that doomed previous international police efforts, noted that "ours is not a political
but a cultural goal. It only concerns the fight against the common enemy of humankind: the
ordinary criminal." This second Congress created the International Criminal Police
Commission (ICPC), which served as the direct forerunner of Interpol.Founding members
included police officials from Russia, Austria, Germany, Belgium, Poland, China, Egypt,
France, Greece, Hungary, Italy, the Netherlands, Romania, Sweden, Switzerland and
Yugoslavia. In 1926, the ICPC's General Assembly, held in Berlin, proposed that each
country establish a central point of contact within its police structure: the forerunner of the
National Central Bureau (NCB). In 1938, the Nazis assumed control of the ICPC and most
countries stop participating, effectively causing the ICPC to cease to exist as an international
organization.
Combating transnational crime
Transnational organized crime undermines sustainable development and the
achievement of targets across the agenda – including those fundamental to peace,
security, the rule of law, growth, equity and domestic resource mobilization. It is
multifaceted in nature, comprising a variety of criminal sectors, crimes and criminal
behaviors and typologies. It can have not only a pernicious impact on rule of law and
governance but also a deleterious impact on domestic resource mobilisation –
including through money laundering, corruption and other economic crimes which
impact on fiscal policies.
International normative framework on organized
crime
The normative framework for combatting transnational organized crime is broad. At
the heart of this framework is the United Nations Convention against Transnational
Organized Crime (UNTOC), which was adopted in November 2000. The United
Nations Convention Against Corruption (UNCAC) is equally important.  In addition,
the Financial Action Task Force International Standards on Combatting Money
Laundering and the Financing of Terrorism & Proliferation provides
recommendations for effective implementation of legal, regulatory and operational
measures to prevent money laundering and combat the financing of terrorism. Data
and information on money laundering are covered in more details in a dedicated
cluster in the domestic public resources action area.
The UNTOC entered into force on 29 September 2003 and is further by three
Protocols.  The UNTOC has 147 signatories and 187 States Parties. The UNCAC
entered into force on 14 December 2005 and has 140 signatories and 181 States
Parties.
read more

Selected trends in transnational organized crime

Building a capacity to collect, analyses and disseminate data and information on
Transnational Organized Crime is extremely difficult, as highlighted in a note
prepared for the Commission on Crime Prevention and Criminal Justice. The data
which does exist cannot be aggregated and is not comparable across criminal
markets or across countries and regions. Over the course of many years, according
to the provisions of the Conventions and in response to resolutions, UNODC has
advanced the collection of data related to Transnational Organized Crime - via
questionnaires and surveys, and the development of data sets.
The approval of the Sustainable Development Goals and the related framework of
indicators will require additional efforts to improve statistical data on crime and
criminal justice at the country level. The ambitious set of targets and goals
embedded in the Sustainable Development Goals needs to be accompanied by
ambitious plans and activities to enable countries to produce the much-needed high-
quality data for indicators selected to monitor targets under Goal 16 and other
relevant targets.
Trafficking in persons – IOM data
The International Office for Migration (IOM) and the United Nations Office on Drugs
and Crime (UNODC) have different systems for tracking data on trafficking in
persons.  IOM collects data on victims of trafficking in persons through its Global
Human Trafficking Database. The database is a standardized anti-trafficking data-
management tool available to all IOM missions and is actively used throughout all
regions of the world. The structure follows the format of the accompanying IOM
Victims of Trafficking questionnaires, used by IOM missions and partnering
organisations involved in direct assistance, and containing information both of a
quantitative and qualitative nature on victims, traffickers, routes, and patterns of
exploitation.
IOM’s global database has approximately 46,000 cases of victims of human
trafficking which were identified from 2002 until the first half of 2016, 66 per cent of
whom are women. Victims of human trafficking assisted by IOM from 2002 to 2016
are of 140 different nationalities, and they were exploited, identified and referred in
150 different countries of destination. About two-thirds of the identified and assisted
victims of human trafficking are female. The numbers of identified victims of human
trafficking who are men has increased significantly over time, which challenges the
notion that it is mostly women who are vulnerable to human trafficking.  The
percentage of children assisted by IOM from the total number of victims assisted
varied over the years, from 4 per cent in 2001 to almost one-third of all victims
assisted in 2010
For 2012-2014, the UNODC database includes information on more than 63,000
detected victims, and more than 81,000 suspected, prosecuted or convicted
trafficking offenders. From this data, it emerges that the levels of detected victims
(calculated per 100,000 population of the country where victims are detected) have
been relatively stable over the last few years, although significant differences
between regions emerge. The higher levels in Europe can be partially explained by
the better identification and recording capacities in that region.  Analysis of the data
shows that child trafficking has been increasingly detected, with the share of children
among total detected victims increasing from 13 per cent recorded in 2004 to 33 per
cent in 2011.
read more

Illicit trafficking of firearms

The size, patterns and routes of illicit trafficking of firearms remain largely unknown,
as it is a highly hidden and complex trade whose points of departure from licit
manufacturing and trade (diversion) remain difficult to detect. To address this lack of
knowledge, the first UNODC study on firearms was published in 2015, and that
exercise, although not global in coverage, has highlighted the value of international
collection of this data.  The limited responses indicate that a large proportion of
firearm seizures by law enforcement agencies are conducted in relation to other
offences, such as drug trafficking. The study also highlighted the existence of major
challenges related to the collection and analysis of data on seized firearms.
The Arms Trade Treaty and the UNTOC Protocol against the Illicit Manufacturing of
and Trafficking in Firearms, Their Parts and Components and Ammunition provide
the international legal instruments to regulate international trade in firearms. The
pillars of that regime are the creation of national registries of firearms, proper
marking of all firearms produced and imported, systematic recording and tracing of
all seized firearms to identify the point of diversion from legal to illegal ownership and
use, and international collaboration in firearms tracing.

Organized crime/gang-related homicide

Transnational organized crime is related to violence, insecurity, internally displaced
persons and migration. Data on homicide is found in the Global Homicide Book. The
increase in homicide levels in Central America, for example, in recent years is largely
a result of violence related to the control of drug trafficking routes, turf wars between
criminal groups and to conflict between organized criminal groups and the State.

Trafficking in wildlife
UNODC, with the support of other international organizations, is developing a global
database of seizure incidents, known as “World WISE”, which currently contains
information on some 164,000 seizures from 120 countries. Between 2004 and 2015,
nearly 7,000 species were seized, including not only mammals but also reptiles,
corals, birds and fish. Detected trafficking refers to several types of flora and fauna,
and no single species is responsible for more than 6 per cent of the seizure
incidents. While significant attention is often devoted to combating illegal trafficking
in mammals, some 70 per cent of the recorded seizures involve non-mammal
species. No single country is identified as the source of more than 15 per cent of the
total number of seized shipments recorded in the database. In connection with
seizure incidents, traffickers of some 80 nationalities have been identified, illustrating
the fact that illicit trafficking in wildlife is truly a global issue. All regions of the world
play a role as a source or transit area or destination for contraband wildlife, although
certain species are strongly associated with particular regions.
Efforts to improve data
The United Nations Survey of Crime Trends and Operations of Criminal Justice
Systems, with an expanding network of national focal points covering 130 countries,
can provide a good overview of global crime trends, though more work is needed to
improve the quality and availability of data collected and disseminated. Additional
efforts are needed to improve statistical data on crime and criminal justice at the
country level. The work undertaken to implement the 2013 road map to improve
crime statistics has laid the foundations for better data on crime and criminal justice.
In 2015 the International Classification of Crime for Statistical Purposes was adopted
by the United Nations Statistical Commission and its implementation plan was
endorsed by the Commission on Crime Prevention and Criminal Justice. As the
custodian of the International Classification, UNODC stewards work to produce
methodological guidance on its implementation; a technical advisory group has been
established and the first volume of the implementation manual for the International
Classification is expected to be finalized in 2017
NEW AND EMERGING FORMS OF CRIME:
THREATS THE WORLD MUST RECKON WITH

The speed of technological advancement, increasing globalization, and the exponential

growth of global markets have created opportunities for criminal activities, often with a low
risk of detection and using new forms of anonymity. Preventing and combating new and
emerging crimes is a challenging task. Crime is continually evolving and adapting. While
organized crime, illicit drug trafficking and terrorism have been of major concern for the past
two decades, other forms of criminal activity are now coming to the fore, such as cybercrime,
sexual exploitation of children, environmental crime and trafficking in cultural property along
with piracy, an old form of crime which has re-emerged. These crimes may not necessarily
affect all countries at the same rate or with equal severity. What they have in common,
however, is that by the time they are recognized as a transnational threat, they may already be
too extensive to tackle. Factors in the emergence of these crimes include globalization, the
proximity of poverty, conflict and weak rule of law to high value markets, and the rapid
appearance of new forms of modern technology and global connectivity. Today, local
problems can easily become global. The free movement of people, goods and finance around
the world has progressed faster than the abilities of States to keep track and regulate such
movements. Criminals have exploited fragmented regulatory regimes and the reduction of
trade barriers. In some regions, the high demand for basic medicines combined with
struggling health-care systems and national control mechanisms contributes to the significant
transnational market for fraudulent medicines.

The proximity of high-value shipping routes to areas of conflict with weak governance has
been a major factor behind the modern-day piracy off the Horn of Africa. The large illicit
financial flows foster other kinds of organized crime and contribute to destabilization, with
funds diverted to groups engaged in internal armed conflict. Efforts have been successful in
curbing the piracy business model in that region, but there has been a recent increase in
piracy attacks in the Gulf of Guinea off West Africa.

Modern vs. traditional

Almost one billion people use the Internet; it allows connections between individuals across a
wide geographic area, bringing many socioeconomic benefits. However, that global reach is
also being used effectively for criminal activities. New criminal trends have emerged, with
people committing crimes in cyberspace that they would not otherwise commit: the
anonymity of the Internet and the possibility of adopting flexible identities can be incentives
for criminal behaviour.

Criminals can gain access to large numbers of targets through online services such as
banking, shopping and social networking. Global connectivity also means criminals can learn
from each other, even if they never meet. Online criminal “social networking” can provide
forms of criminal “outreach” and links between criminal groups. A false impression of social
acceptability of criminal acts such as child sexual exploitation can be created by online
communities. There are many ways information and communication technologies are driving
new and emerging crimes. Consumer financial fraud has become transnational with the now-
commonplace use of online payments. Global incitement to violence and terrorism through
social media has widened the reach and influence of

previously localized radical and terrorist groups. Illicit drugs and other products can be
bought online, paid for with anonymous virtual currencies. Criminal groups operate in new
ways, hiring specialists to perform tasks not covered by their existing knowledge and skills.
This trend of a more transient and less structured organization may be how serious crime will
be perpetrated in the future. Use of modern technology in criminal activity is doubtless
increasing, but established methods such as bribery and corruption continue to be important
in the way these new crimes are carried out, particularly for illicit cross-border trafficking
and movement.

Turning the tables: using technology for law enforcement:

Technological advances can help investigators too. For example, there is a wealth of
information available publicly from social networking sites and chat forums as well as stored
on electronic devices such as smartphones, which can be seized during law enforcement
operations. This information is often a crucial starting point for criminal investigations.

Prevention:

Raising awareness among potential victims is a vital part of preventing these emerging
crimes. For example, the United Nations Office on Drugs and Crime, the United Nations
World Tourism Organization and the United Nations Educational, Scientific and Cultural
Organization are warning international travellers to recognize possible trafficking in people,
wildlife, cultural artefacts, illicit drugs and counterfeit goods, and urging them to make
responsible consumer choices. Equally important is the need to address the vulnerabilities of
people at risk of becoming involved in new forms of crime. In Somalia, for example,
prevention initiatives have reached out to youth to dissuade them from becoming involved in
piracy, with the support of community leaders, politicians and religious leaders, alongside
efforts to develop sustainable alternative livelihoods.

The next generation of emerging crimes:

The level of sophistication of emerging crimes challenges well-equipped States, let alone
developing countries with limited resources. Globally harmonizing legislation will help to
prevent and combat emerging crimes and there may be a need to devise innovative ways of
increasing global electronic connectivity for investigative purposes. Globalization and new
technological developments will drive criminal innovation forward. Meeting this challenge
will require consistent efforts to prevent and reduce corruption, to provide sustainable
livelihoods, and to address poverty and inequality.
Combating transnational organized crime

Most illicit trafficking begins or ends in the world's greatest economic powers, such as the G8
(forum). In other words, the world’s largest trading partners are also the world’s greatest
markets for illicit goods and services. Many of these world powers have recently taken steps
to combat TOC in a large, collective, international effort with partners and allies. Several
organizations around the world have initiated efforts to combat TOC whose success or failure
have yet to be determined.
According to the UN Asia and Far East Institute (UNAFEI), combating transnational
organized crime relies first and foremost on effective investigative techniques and
prosecutorial tools. Three techniques in particular stand out as the most important in
combating transnational organized crime: electronic surveillance, undercover operations, and
the use of confidential informants (CIs) with electronic surveillance being the single most
important and effective law enforcement tool against TOC Electronic surveillance provides
reliable, often irrefutable evidence of crimes through a participant's own words or image.
This form allows law enforcement to learn of conspirators' plans before they are carried out
and is particularly helpful in combating TOC because it enables law enforcement in any
country to obtain evidence of co-conspirators in other countries. Obtaining evidence of
conspiratorial planning internationally would otherwise be very difficult.
After electronic surveillance, the second most important tool is undercover
operations. Through undercover operations, law enforcement agents can infiltrate the highest
levels of organized crime by posing as criminals themselves when real criminals discuss their
plans and seek assistance in committing crimes. Over time, agents can gain the confidence of
criminals and induce them to reveal information on past or ongoing criminal
activities.] followed by CIs refers to individuals who are not willing to testify but who
provide information or assistance to law enforcement in exchange for money or lenient
treatment for their own crimes and with the promise of confidentiality.] In many cases, CIs
are engaged in criminal activity themselves and can therefore provide valuable direct
evidence regarding the criminal activities being conducted by their criminal associates. Such
evidence frequently enables law enforcement officers to obtain warrants authorizing
electronic surveillance. In rare cases, the court may order the disclosure of a CIs identity to a
defendant, such as when the informant can provide evidence that may exculpate the
defendant.
 CONCLUSION

Organized Crimes are no longer confined to geographical jurisdictions or national

boundaries; instead, they have become transnational problems. Such crimes have existed in
different forms, but the contemporary patterns are more complex that they have been in
history. Transnational Organized Crimes (TOCs) affect almost every country, and are
promoted by various factors including globalization, poverty and unequal wealth distribution,
technological innovations, corruption, inadequate governance, geographical location and
many others. The study addresses the rising cases of TOC activities in India; the country is
currently affected by various criminal activities which are transnational in nature. Such
include smuggling, firearms trafficking, human and drug trafficking, prostitution, kidnapping
and cybercrimes. Criminal networks are expanding and diversifying their activities. Thus
TOCs impair the social and economic development. The study also discusses the impact of
TOCs in different sectors of the country. The study further analyses the major challenges the
government faces to deal with the problems and recommends how to weaken the criminal
network in the country.
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