Above the state Flashcards
Give a historical perspective of transnational policing and transnational crime
- unilateral and bilateral efforts against sea piracy, boarder banditry and smuggling dates back over 1000s of years ago e.g. 19th century Tsars and Hapsburg monarchs conducted trans-European espionage against political threats within and beyond their imperial boarders
Why is the role of moral anti-crime entrepreneurs who go against human trafficking and human slavery difficult in modern days?
Questionable classification of what is considered ‘slavery’ as a lot of people illegally trafficked are there out of choice as they are trying to flee their own country which is in a danger zone e.g. Syria - makes illegality difficult to classify
How has hegemony been exercised at a regional and global level?
‘soft’ power e.g. UN, regulation, etc
‘Hard’ power e.g. guns, bombs, military, etc
Who are Interpol and what do they do…?
- Interpol is the worlds largest international policing organisation, with 190 member states
- Their 4 core functions are:
1) Secure global police communications
2) Data services and databases for police
3) support to police services
4) Police training and development (including anti-corruption) - More of a ‘post-box’ than an active investigatory organisation as they hold no cross-boarder enforcement powers but they can offer ‘red-notices’ to boarder controls to be able to arrest fugitives at boarders and can offer analytical databases
- Interest in global environmental crime
Who are Europol and what do they do?
- Europol began early 1990s through drug control and related anti-money laundering activities
- In 1995, broadened to looking at ‘organised crime’ (Walker, 2008) and ‘serious crime’ in 2010 as a formal EU agency (Dorn, 2010)
- Cybercrime was introduced in 2013
- Europol deal with: illegal immigration, human trafficking, cross-boarder car theft, nuclear smuggling, Euro counterfeiting, terrorism and cyber crime
- They create JITs (Joint investigation teams) to assist in investigations
- Supranational database access but no cross-boarder arrest/pursuit powers
Who are OLAF?
- European anti-fraud office
- offer regional technical assistance
- protects EU financial interests
- Aim to tackle corruption and crimes that affect the EU budget
Who are Eurojust and the European Public Prosecutor?
- established in 2002 as a body of the EU to stimulate and improve coordination and cooperation between judicial authorities of member states, conducting prosecutions and investigations in relation to serious crime
- EU member states can request Eurojusts assistance in fighting serious cross-boarder crime e.g. 1441 cases in 2011 and 1533 in 2012
- European public prosecutor office have the mandate to require resources in member states to peruse fraud against the EU (Including missing trader intra-community ‘MTIC’ which is a fraud which is apart of eurojusts case)
What was operation Rico?
- Eurojust operation
- Huge ‘boiler room’ fraud telemarketing scandal involving Spain, Romania, UK, USA and Serbia selling bogus shares to 1000 investors stealing billions of pounds
- Eurojust coordinated a JIT to investigate operation and they provided them with funding, accommodation, travel, translation costs, etc
- 2 year investigation, multi-agency and cross-boarder action led to the arrest of 110 people and the seize of expensive goods
What are the 6 drivers of transnational policing?
1) Increased cross-boarder criminal activities/’security risks’ - organised crime, serious crime, terrorism, drug trafficking, corruption
2) Cross-board intelligence developments - cross-country surveillance to help catch criminals
3) Cross-boarder investigations - Reactive, post-crime investigations including financial intelligence and proactive identifying and linking suspects
4) The break up of the soviet union - Created many new states were made, therefore need cross boarder relations as what was once internal is external
5) Common problems with power and resources across boarders, even within countries - worse federal systems are US, Australia and Germany
6) Cross-boarder criminal justice - International evidence searches, arrest warrants and proceeds of crime work
What is extra-territorial legislation?
Where a citizen goes they cannot break their own countries laws e.g. corporate bribery, genocide, etc
What is extradition?
Extraditing/deporting someone back to their own country to be sentenced/tried - can be official or unofficial e.g. President Noriega of Panama
What are the trends in economic crimes and fears?
- Concerns about tax evasion
- Concern about cybercrime
- Concern about organised economic crimes e.g. ID theft
What is terrorism and why is it hard to define?
- Around 114 at least definitions
- no universal definition as cultural perspective defines what terrorism is and this changes in different countries
- tends to be politically motivated and uses violence and the targets of the violence are usually dramatic
- Tends to be using any form of violence for political ends and including any use of violence for the purpose of putting the public or any section of the public in fear
How do terrorists succeed?
- Carry out high-profile attacks that are provocative
- Media attention forces the government to respond
- Survive initial response and go on to conduct further attacks increasing in provacativity
- Government ‘over-reacts’ by force and securitisation
- Creating more alienation leading to more extremists
- conflict increases
- costs to government spending increases
- Government concedes, in rare cases it collapses
What are the reactions to terrorism?
- Increase in surveillance of communication (e.g. phone hacking) and of financial flows “drain the swamp to catch the snake”
- constitutional reaction: generalised, systematic reactions
- Use of emergency legal regimes e.g. Gutantanmo, control orders
- Use of repression
- Special units (police and military): includes on controls of financing terrorism and nuclear proliferation e.g. people acquiring large amounts of fertiliser
- Special incarceration and detention policies (however, problematic detaining suspects together as can make more plans inside)
- Media management
- use of negotiation
- The role of international parties e.g. transnational policing
