University of Negros Occidental-Recoletos

Graduate Studies Extension Program with St. Anthony’s College

Bacolod City

Topic: Concept and Nature of Transnational Organized Crime

Subject: CRMTRA030
Course Code: CRMTRA030
Course Title: Transitional Crimes and Terrorism
Professor: Jasmin L. Parreño, RCrim, Ph. D
Name of School: University of Negros Occidental-Recoletos
Email Address: marickylouriosbacho@yahoo.com
Contact number: 09453429622

CONCEPT AND NATURE OF TRANSNATIONAL ORGANIZED CRIME

• 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. This term is commonly used in the law enforcement and
academic communities.
• The word “transnational” describes crimes that are not only international, but crimes
that by their nature involve border crossings as an essential part of the criminal
activity.
• Transnational crimes also includes crimes that take place in one country, but their
consequences significantly affect another country. Examples of transnational crimes
include: human trafficking, people smuggling, smuggling/trafficking of goods, sex
slavery, terrorism offenses, torture and apartheid.
• BOSSARD, 1990, transnational crime is an activity that is considered a criminal
offense by at least two countries.
• UNITED NATIONS, defined transnational crimes as offenses whose inception,
prevention and/or direct or indirect effects involved more than one country.

CONCEPT OF TRANSNATIONAL CRIMES

• Transnationalism is focused on non-state transnational actors, out of the popularist
theories of the state and its decision making process. These theorists argued that
political outputs resulted from competition among different interest groups.
• Keohone and Nye, 1972, asserted that a variety of transnational actors played
significant roles in international relation. Transnational actors engaged in a whole
host of cross-border activities and process, involving the movement of money,
information and people across Frontiers.
• Morse, 1972, the 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.
• Rosenau, 1980, transnational process, is a process whereby international relations
conducted by government have been supplemented by relations among private
individuals, groups and societies that can and do have important consequences for the
course of events.
• Jerkins, 1987, transnational organizations have a direct link to multinational
corporations, also termed transnational corporations. It was argued that the
 exploitation by transnational corporations or poor countries established dependency
relationships, resulting in underdevelopment of dependent economies, and rampant
political corruptions among the elite of dependent countries.
• MacNamara and Steed, 1982, The 5th United Nations Congress on crime prevention,
1975, put it that transnational corporations breeds economic crimes in the
understanding by dependency theorists. On broader sense, transnational crimes
include narcotics trafficking, smuggling of illegal aliens, arms smuggling, frauds and
terrorism.
• Mueller, 2001, transnational crimes as seen both theoretically and practically are cross
border crimes that had become a key security issue for policy makers and law
enforcement agencies. Efforts are increasingly shifted from domestic organized crime
to the international arena.
• Presently, transnational crimes now become an everyday lexicon not only of
criminologist but also to policy makers, law enforcement officials and the public.
• Today, the term is commonly employed by specialists and non-specialist alike. Yet
transnational crime is not yet a legal concept. It lacks the precise judicial meaning. It
remains a concept within criminology that describes social phenomena.
• The introduction and widespread use of the term among law enforcement officials and
policy makers has helped form debates about security priorities. It gives cross-border
criminal activities more concrete label and has prompted better categorization and
understanding of these activities. The growing attention to transnational crimes itself
reflects the way in which law enforcement officials and government policy makers
have change their perception of security and law enforcement priorities.

NATURE OF TRANSNATIONAL CRIMES

• 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 cyber crimes but to all act inimical to the welfare of
states/countries especially if perpetrated by no less than foreigners; example
environmental crimes like mining, importation and exploitation of toxic waste and
others.
• Transnational crimes are committed, with several motives; political influence,
economic gain and social control 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
disadvantages and prejudices.
• The effects of these acts are the sacrifices of the society of the nation concerned; the
moral degradation, economic difficulties as well as identity crisis become the
observable effects.

TERMS TO PONDER
• SCA refers to very broad spectrum of illegal activities committed which has a wide
negative effect. Whether committed by public officers or a group that are so
organized that their existence is very hard to trace.
• TRANSNATIONAL refers to the borders defining territorial boundaries of nations.
The relationships of these nations beyond their borders are treated as transnational
business. Whether it is legit or illicit.
• WAR CRIMES are crimes committed in violation of the code of war. It is directed
often to the innocent civilian of protagonist nations.
• GENOCIDE are committed for purposes of extinction of a certain race or group who
are hostile to a ruling party of government. This only happens when the incumbent
government is under the regime of a dictator or authorization.
• SMUGGLING OF HUMANS is the importing and exporting of human beings for
purposes of exploitation. The originating nation and the receiving nation are the main
victims of these illicit trades or organized criminals.
• INTERNATIONAL COOPERATION, through treaties spearheaded by the United
Nations, participating nations signed for and in behalf of their government on the
terms and conditions on a matter of issue.
• WILD BEAST WITHOUT NATIONALITY, the uncertainty of origin of a certain
group or organization operating or existing in a territory.
• INTERNATIONAL CRIMES refers to crimes committed by a criminal group that
transcend territorial borders.
• ANTI-COLONIALISM refers to the body of actions by local settlers on the control of
other foreign nations intruding on their independence or solemn existence.
• NEOCOLONIALISM refers to introduced changes on foreign policies being
implemented by colonizing nation to the local population of the colonial territory.
• INTERNATIONAL REGIME refers to the governance of the welfare of all nations as
one .
• PLUNDER OF ANTIQUES are cultural materials from other countries are illegally
removed and transported transnationally to fill the collections of private purchases
and museums.
• SMUGGLING OF MIGRANTS refers to the illegal exploitations of migrants from
other nation/countries entering foreign nations.
• TRANSNATIONAL ENVIRONMENT refers to the environment where citizens
around the globe can relate with each other on all types of human endeavor, such as
economic, social and political.
• ISOLATIONISM as referred to international relations, the act of one country trying to
become independent from other and do not want to take part on any international
organizational activities.