Skip to main content
0
A Different ViewAcademic

International Cooperation in Criminal Matters – Antoine Andary

By December 13, 2020August 28th, 2021No Comments

In a rapidly changing world under the challenges of globalization and new technologies, mechanisms and instruments of international cooperation in criminal matters are of paramount importance in order to combat transnational crimes such as organized crime, corruption and terrorism and national crimes. To ensure the safety and security of their citizens, it is vital for states to enhance their capacity to deal promptly and efficiently with international cooperation requests based on a range of treaties in International Law.

The aim of the study is to prevent crime to be implemented and evolved in international law. The goal is to bring out peculiarities of the different treaty texts, describing the relationship between the two options deader and judicature, and the different obligations that arise for the contracting states.

This article brings together various interdisciplinary concepts in order to take a holistic approach to international cooperation in criminal matters. Specially discussing how national and international security, defense and police agencies can coordinate cooperation among the world’s law enforcement institutions through criminal databases and communications networks, in order to prevent conflicts and create a safer world. Discussing three major areas of transnational crime: Terrorism, Cybercrime, and Organized Crime. Explaining the Introduction to Criminology and the Future of Crime, covering almost every kind of crime, including Crimes Against Humanity, Combating Terrorism and Terrorism Financing, Money Laundering, Political Corruption, Combating Trafficking in Human Beings, Drug Production and Trafficking.

Combating Crimes Against Humanity | Universal Declaration of Human Rights :

The Universal Declaration of Human Rights – UDHR is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948, General Assembly resolution 217: As a common standard of achievements for all peoples and all nations. It sets out, for the first time, fundamental human rights to be universally protected and it has been translated into over 500 languages: ‘‘Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.’’

Combating Terrorism and Terrorism Financing :

Currently writing a Thesis on “Terrorism in Europe and the Network that support it”. Certificated from George Town University in Terrorism and Counter Terrorism. As well taking the HELP – The Council of Europe on Combating Trafficking in Human Beings course, and the Anti-Money Laundering and Combating Terrorism Financing course by G- Log Consult.

Combating Terrorism and Terrorism Financing is a subject that matter, because it starts by fighting against the financing of terrorism. Countering the financing of terrorism is a core component strategy in the fight against terrorism. As terrorists and their supporters constantly modify their ways to collect, move and gain access to funds, states need to adapt its instruments and measures to deprive them from the possibility to engage in criminal activity. Preventing and detecting terrorist funding it highlights the links with organized crime, feeding terrorism through channels like the supply of weapons, proceeds from drug smuggling, and the infiltration of financial markets. The Directive on Combating Terrorism provides for a comprehensive definition of the terrorism financing offence.

Anti-Money Laundering :

Money laundering is the illegal process of concealing the origins of money obtained illegally by passing it through a complex sequence of banking transfers or commercial transactions. The overall scheme of this process returns the money to the launderer in an obscure and indirect way. One problem of criminal activities is accounting for the proceeds without raising the suspicion of law enforcement agencies. Considerable time and effort may be put into strategies which enable the safe use of those proceeds without raising unwanted suspicion. Implementing such strategies is generally called money laundering. After money has been laundered, it can be used for legitimate purposes. Law enforcement agencies of many jurisdictions have set up sophisticated systems in an effort to detect suspicious transactions or activities, and many have set up international cooperative arrangements to assist each other in these endeavors. The United Nations Office on Drugs and Crime UNODC estimates that “The estimated amount of money laundered globally in one year is 2-5% of global GDP, or $800 billion – $2 trillion in current US dollars.

In recent years, the preventive framework for combating money laundering and terrorist financing has undergone significant developments at the international level.

Combating Trafficking in Human Beings :

Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extraction of organs or tissues, including for surrogacy and ova removal. Human trafficking can occur within a country or trans-nationally. Human trafficking is a crime against the person because of the violation of the victim’s rights of movement through coercion and because of their commercial exploitation. Human trafficking is the trade in people, especially women and children, and does not necessarily involve the movement of the person from one place to another. People smuggling also called human smuggling and migrant smuggling, is a related practice which is characterized by the consent of the person being smuggled. Smuggling situations can descend into human trafficking through coercion and exploitation. Trafficked people are held against their will through acts of coercion and forced to work for or provide services to the trafficker or others. According to the International Labor Organization, forced labor alone one component of human trafficking generates an estimated $150 billion in profits per year.

The International Labor Organization has reported that child workers, minorities, and irregular migrants are at considerable risk of more extreme forms of exploitation. Statistics shows that over half of the world’s 215 million young workers are observed to be in hazardous sectors, including forced sex work and forced street begging. Ethnic minorities and highly marginalized groups of people are highly estimated to work in some of the most exploitative and damaging sectors, such as leather tanning, mining, and stone quarry work.

The international community today, is considering international cooperation in criminal matters as a priority. It requires countries to make an effort to comply with the news international standards, to promote the convergence and compatibility of legislation national authorities, to initiate complex procedural reforms and, more generally, to implement places means of investigation and prosecution at the national level, as well as to strengthen their capacity to cooperate internationally.

For some countries, set up a cooperation mechanism international within their own criminal justice system is an arduous task to say the least. The main mechanisms underlying international cooperation are mutual legal assistance, extradition, transfer of prisoners, transfer of criminal proceedings, cooperation international for the purpose of confiscation of the proceeds of crime and asset recovery, as provided for in the United Nations Convention against Corruption as well as a number of less formal arrangements, including international cooperation arrangements between repression. These mechanisms are based on bilateral or multilateral agreements or arrangements, or, in some cases, on domestic law. All evolve quickly so as not to be left behind by new technologies, and their evolution over the last ten years reflects the Member States’ renewed determination to work more closely with each other others face the growing threat of organized crime, corruption and terrorism.

To discern and as a conclusion, a crime is an unlawful act punishable by a state or other authority. The term crime does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes. One proposed definition is that a crime or offence or criminal offence is an act harmful not only to some individual but also to a community, society, or the stat. When informal relationships prove insufficient to establish and maintain a desired social order, a government or a state may impose more formalized or stricter systems of social control.


Antoine Andary Conflict Security and Crime Research Committee
Antoine Andary Vice-Chairman of the Conflict, Security and Crime Research Committee

Antoine Andary holds a Master’s Degree in Political Communication and International Affairs. Henceforth, he pursued higher studies in Criminology, Global Security and Defense, focusing strategically and operationally on Transnational Organized Crime. His main research areas of interest focus on Communications, Politics, International Relations, Governance, Policy, Human Rights, National and International Security, Terrorism and Counter-Terrorism, Anti-Human Trafficking, Anti-Money Laundering, Geopolitical, Military, Police and Intelligence Affairs.

Close Menu