Transnational Organized Crime and International Security: Business as Usual?

By Mats Berdal; Mónica Serrano | Go to book overview

Notes
I would like to thank Carl Florez for several helpful discussions on the notion of criminal cooperation.
1
I am grateful on this point to Gregory O'Hayon and William Cook, who did a great deal of work on contract killings in Russia while at the Ridgway Center for International Security Studies, University of Pittsburgh.
2
The analysis here is based on insights provided by interviews with members of the drug-intelligence community in the United States.
3
“Camorra Dollars Arrive: How Organized Crime Moves in Economic Fabric” (in Italian), Confcommercio (Rome), April 21, 1995, www.confcommercio.it.
4
“Colombia: Report on Russian Mafia–Cali Cartel Links Santa Fe de Bogotá, ” Inravision Television Canal A Network in Spanish 1730 GMT doc. no. FBIS-TDD-98–045, February 12, 1998.
5
Ibid.
6
Confidential author interview with law-enforcement officer, September 1999.
was also a clear inclination to act against money laundering, and to urge states to confiscate illicitly acquired assets and regulate bank secrecy.
Other international instruments, especially the International Convention for the Suppression of Terrorist Bombings and the UN Convention Against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances, were useful sources of inspiration. The idea was to build on these instruments by empowering the law-enforcement authorities of parties to employ extraordinary investigative techniques consistent with constitutional safeguards.
Finally, it was agreed that the convention should incorporate appropriate safeguards for human rights and to ensure compatibility with fundamental national legal principles.

During the commission's seventh session, in April 1998, the Warsaw draft was given a first reading. This, together with a set of recommendations to the commission, formed the basis for a draft resolution. The most important recommendation was the creation of an Ad Hoc Committee to elaborate the new instrument. The committee was officially established in December 1998.

The elaboration of the convention benefited enormously from the individual contributions of a number of countries. Faced with pressing political priorities or frustrated by other processes, some countries had begun identifying individual issues that they believed merited attention in the convention. Frustrated with the slow pace of the Convention on the Rights of the Child, Argentina gave trafficking in children greater prominence by placing it in the context of criminal justice, and proposed the drafting of a new convention. Austria put forward a draft convention against the illegal trafficking and transport of migrants. Worried by the influx of Albanian immigrants across the Adriatic, the Italian government presented a protocol to deal with trafficking by sea. Inspired by the convention on firearms of the Organization of American States (OAS), Japan and Canada proposed a new instrument against the illicit manufacturing and trafficking in firearms (see Chapter 7). In an effort to keep the process moving, it was decided that these initiatives would be linked to the proposed convention as protocols or additional instruments. The General Assembly elected to “establish an open-ended intergovernmental ad hoc committee for the purpose of elaborating a comprehensive international convention against TOC and of discussing the elaboration, as appropriate, of international instruments addressing trafficking in women and children, combating the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, and illegal trafficking in and transporting of migrants, including by sea. ” 10

-89-

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