Transnational Criminal Justice - Böcker

Organised crime, corruption, and terrorism are considered to pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. Alongside traditional criminal enforcement responses, strategies focused on following the money trail of such crimes have become increasingly prevalent. These strategies include anti-money laundering measures to prevent ‘dirty money’ from infiltrating the legitimate economy, proceeds of crime powers to target the accumulated assets derived from crime, and counter-terrorist financing measures to prevent ‘clean’ money from being used for terrorist purposes.This collection brings together 17 emerging researchers in the fields of anti-money laundering, proceeds of crime, counter-terrorist financing and corruption to offer critical analyses of contemporary anti-assets strategies and state responses to a range of financial crimes. The chapters focus on innovative anti-financial crime measures and assemblages of governance that have become a feature of late modernity and on the ways in which individual nation states have responded to anti-money laundering and counter-terrorist financing requirements in light of their specific social, political, and economic contexts. This collection draws on perspectives from law, criminology, sociology, politics, and other disciplines. It adopts a much-needed international approach, focusing not only on expected jurisdictions, such as the United States and United Kingdom, but also on analysis from countries such as Qatar, Kuwait, Iran, and Nigeria. The authors stand out for their fresh and original research, which places them at the cutting edge of the subject.This book provides a comprehensive, insightful, and original study of an important and developing field for academics, students, practitioners, and policymakers in multiple jurisdictions.

Recent atrocities have ensured that terrorism and how to deal with terrorists legally and politically has been the subject of much discussion and debate on the international stage. This book presents a study of changes in the legal treatment of those perpetrating crimes of a political character over several decades. It most centrally deals with the political offence exception and how it has changed. The book looks at this change from an international perspective with a particular focus on the United States. Interdisciplinary in approach, it examines the fields of terrorism and political crime from legal, political science and criminological perspectives. It will be of interest to a broad range of academics and researchers, as well as to policymakers involved in creating new anti-terrorist policies.

This book provides a stocktake and comparative socio-legal analysis of law enforcement cooperation strategies in four different regions of the world: the European Union (EU), North America, Greater China and Australasia. The work analyses law enforcement cooperation mechanisms within the socio-legal framework of global normmaking. The strategies addressed range from legal frameworks facilitating cooperation to formal and informal police networks and cooperation practices. The study also takes into account crime-specific engagement, for example campaigns focusing on drug crimes, terrorism, financial crime, kidnappings and other offences. It explores challenges in policing practice and human rights protection in each region that could be countered by existing strategies in another. As regions usually develop more advanced cooperation mechanisms than exist at a global scale, strategies found in the former could help find solutions for the latter. To map existing strategies and assess their impact on both human rights and policing practice this study relies on an assessment of the primary and secondary literature sources in each region as well as interviews with practitioners ranging from senior police officers to prosecutors, government officials, customs and military staff. This book presents a valuable resource for academics and postgraduate students, as well as policing and criminal justice practitioners, government officials and policy makers.

This book provides a stocktake and comparative socio-legal analysis of law enforcement cooperation strategies in four different regions of the world: the European Union (EU), North America, Greater China and Australasia. The work analyses law enforcement cooperation mechanisms within the socio-legal framework of global normmaking. The strategies addressed range from legal frameworks facilitating cooperation to formal and informal police networks and cooperation practices. The study also takes into account crime-specific engagement, for example campaigns focusing on drug crimes, terrorism, financial crime, kidnappings and other offences. It explores challenges in policing practice and human rights protection in each region that could be countered by existing strategies in another. As regions usually develop more advanced cooperation mechanisms than exist at a global scale, strategies found in the former could help find solutions for the latter. To map existing strategies and assess their impact on both human rights and policing practice this study relies on an assessment of the primary and secondary literature sources in each region as well as interviews with practitioners ranging from senior police officers to prosecutors, government officials, customs and military staff. This book presents a valuable resource for academics and postgraduate students, as well as policing and criminal justice practitioners, government officials and policy makers.

This book provides transnational insight into cultural property crimes and the cutting-edge work tackling issues ranging from currency crimes to innovative research methods.The volume brings together authors from a number of fields to address contemporary issues and advances in the fight against cultural property crime. It combines the perspectives of law enforcement officials, researchers, journalists, lawyers, and scholars, with specialities in the disciplines of criminology, law, archaeology, museum studies, political science, and economics, from countries all around the globe. This allows for a more comprehensive examination of issues facing these professionals and highlights similarities between the challenges encountered in different disciplines as well as in diverse locations. It seeks to disseminate the most current work in this field from a broad array of viewpoints in order to further facilitate an exchange of ideas and lay the groundwork to inspire future collaborations. Most significantly, it provides more specific suggestions for moving forward that could help assist stakeholders to connect and work directly with each other, despite international borders and discipline-related boundaries.The book will be a valuable resource for researchers, practitioners, and policymakers working in the area of cultural property crime.

This interdisciplinary volume presents a nuanced critique of the prison experience in diverse detention facilities across Africa. The book stresses the contingent, porous nature of African prisons, across both time and space. It draws on original long-term ethnographic research undertaken in both Francophone and Anglophone settings, which are grouped in four parts. The first part examines how the prison has imprinted itself on wider political and social imaginaries and, in turn, how structures of imprisonment carry the imprint of political action of various times. The second part stresses how particular forms of ordering emerge in African prisons. It is held that while these often involve coercion and neglect, they are better understood as the product of on-going negotiations and the search for meaning and value on the part of a multitude of actors. The third part is concerned with how prison life percolates beyond its physical perimeters into its urban and rural surroundings, and vice versa. It deals with the popular and contested nature of what prisons are about and what they do, especially in regard to bringing about moral subjects. The fourth and final part of the book examines how efforts of reforming and resisting the prison take shape at the intersection of globally circulating models of good governance and levels of self-organisation by prisoners. The book will be an essential reference for students, academics and policy-makers in Law, Criminology, Sociology and Politics.

The State and the police are traditionally seen as closely connected phenomena. Today, however, rapid EU legal developments mean that European police forces are no longer tied to a specific national legal context or a specific territory in the way they used to be. Norway is not a member of the EU. Or is it? This book shows that although it lacks formal membership status, Norway has become part of almost all of the major EU police cooperation measures and agreements. Not only does this mean that foreign police forces may operate on Norwegian territory and vice versa, but in addition, a wide range of EU regulations and cooperation instruments are incorporated directly into Norwegian law. With the increased focus on international and transnational police cooperation in mind, what does it mean to be a sovereign state in Europe today? This book combines strong legal and theoretical analyses of a specific national system to show how this country is tied to and dependent on a wider international and supranational system of legal rules, technologies and concepts. This makes the book relevant not only for the Norwegian prosecution and police authorities, but also for readers outside Norway interested in exploring how and whether the police as a modern state function has changed through the implementation of international cross-border cooperation mechanisms.

Recent atrocities have ensured that terrorism and how to deal with terrorists legally and politically has been the subject of much discussion and debate on the international stage. This book presents a study of changes in the legal treatment of those perpetrating crimes of a political character over several decades. It most centrally deals with the political offence exception and how it has changed. The book looks at this change from an international perspective with a particular focus on the United States. Interdisciplinary in approach, it examines the fields of terrorism and political crime from legal, political science and criminological perspectives. It will be of interest to a broad range of academics and researchers, as well as to policymakers involved in creating new anti-terrorist policies.

This collection presents an analysis of illicit networks and discusses implications for law enforcement and crime prevention. The contributors draw on a range of methodologies and apply them to diverse international criminological settings, from illegal fishing in the Indo-Pacific to ‘money mule’ networks in the Netherlands. Using a variety of examples, the book elucidates how and why criminals form networks of cooperation and how they can be disrupted. It is expected to be of interest to those who study criminology or criminal law, as well as law enforcement practitioners.

This interdisciplinary volume presents a nuanced critique of the prison experience in diverse detention facilities across Africa. The book stresses the contingent, porous nature of African prisons, across both time and space. It draws on original long-term ethnographic research undertaken in both Francophone and Anglophone settings, which are grouped in four parts. The first part examines how the prison has imprinted itself on wider political and social imaginaries and, in turn, how structures of imprisonment carry the imprint of political action of various times. The second part stresses how particular forms of ordering emerge in African prisons. It is held that while these often involve coercion and neglect, they are better understood as the product of on-going negotiations and the search for meaning and value on the part of a multitude of actors. The third part is concerned with how prison life percolates beyond its physical perimeters into its urban and rural surroundings, and vice versa. It deals with the popular and contested nature of what prisons are about and what they do, especially in regard to bringing about moral subjects. The fourth and final part of the book examines how efforts of reforming and resisting the prison take shape at the intersection of globally circulating models of good governance and levels of self-organisation by prisoners. The book will be an essential reference for students, academics and policy-makers in Law, Criminology, Sociology and Politics.

As the threats posed by organised crime and terrorism persist, law enforcement authorities remain under pressure to suppress the movement, or flows, of people and objects that are deemed dangerous. This collection provides a broad overview of the challenges and trends of the policing of flows. How these threats are constructed and addressed by governments and law enforcement agencies is the unifying thread of the book. The concept of flows is interpreted broadly so as to include the trafficking of illicit substances, trade in antiquities, and legal and illegal migration, including cross-border travel by members of organised crime groups or ‘foreign fighters’. The book focuses especially on the responses of governments and law enforcement agencies to the changing nature and intensity of flows. The contributors comprise a mix of lawyers, sociologists, historians and criminologists who address both formal legal and practical, on-the-ground approaches to the policing of flows. The volume invites reflection on whether the existing tool kit of governments and law enforcement agencies is adequate in this changing environment and how it could be modernised, for example, by increased reliance on technology or by reappraising the role of the private sector. As such, the book will be useful not only for academics and practitioners who work on security-related matters, but also more generally to those who are interested in what the near-term future of policing is likely to look like and how the balance between law enforcement on the one hand and human rights and civil liberties on the other can be achieved.

This collection presents an analysis of illicit networks and discusses implications for law enforcement and crime prevention. The contributors draw on a range of methodologies and apply them to diverse international criminological settings, from illegal fishing in the Indo-Pacific to ‘money mule’ networks in the Netherlands. Using a variety of examples, the book elucidates how and why criminals form networks of cooperation and how they can be disrupted. It is expected to be of interest to those who study criminology or criminal law, as well as law enforcement practitioners.

Organised crime, corruption, and terrorism are considered to pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. Alongside traditional criminal enforcement responses, strategies focused on following the money trail of such crimes have become increasingly prevalent. These strategies include anti-money laundering measures to prevent ‘dirty money’ from infiltrating the legitimate economy, proceeds of crime powers to target the accumulated assets derived from crime, and counter-terrorist financing measures to prevent ‘clean’ money from being used for terrorist purposes.This collection brings together 17 emerging researchers in the fields of anti-money laundering, proceeds of crime, counter-terrorist financing and corruption to offer critical analyses of contemporary anti-assets strategies and state responses to a range of financial crimes. The chapters focus on innovative anti-financial crime measures and assemblages of governance that have become a feature of late modernity and on the ways in which individual nation states have responded to anti-money laundering and counter-terrorist financing requirements in light of their specific social, political, and economic contexts. This collection draws on perspectives from law, criminology, sociology, politics, and other disciplines. It adopts a much-needed international approach, focusing not only on expected jurisdictions, such as the United States and United Kingdom, but also on analysis from countries such as Qatar, Kuwait, Iran, and Nigeria. The authors stand out for their fresh and original research, which places them at the cutting edge of the subject.This book provides a comprehensive, insightful, and original study of an important and developing field for academics, students, practitioners, and policymakers in multiple jurisdictions.

As the threats posed by organised crime and terrorism persist, law enforcement authorities remain under pressure to suppress the movement, or flows, of people and objects that are deemed dangerous. This collection provides a broad overview of the challenges and trends of the policing of flows. How these threats are constructed and addressed by governments and law enforcement agencies is the unifying thread of the book. The concept of flows is interpreted broadly so as to include the trafficking of illicit substances, trade in antiquities, and legal and illegal migration, including cross-border travel by members of organised crime groups or ‘foreign fighters’. The book focuses especially on the responses of governments and law enforcement agencies to the changing nature and intensity of flows. The contributors comprise a mix of lawyers, sociologists, historians and criminologists who address both formal legal and practical, on-the-ground approaches to the policing of flows. The volume invites reflection on whether the existing tool kit of governments and law enforcement agencies is adequate in this changing environment and how it could be modernised, for example, by increased reliance on technology or by reappraising the role of the private sector. As such, the book will be useful not only for academics and practitioners who work on security-related matters, but also more generally to those who are interested in what the near-term future of policing is likely to look like and how the balance between law enforcement on the one hand and human rights and civil liberties on the other can be achieved.

This book provides transnational insight into cultural property crimes and the cutting-edge work tackling issues ranging from currency crimes to innovative research methods.The volume brings together authors from a number of fields to address contemporary issues and advances in the fight against cultural property crime. It combines the perspectives of law enforcement officials, researchers, journalists, lawyers, and scholars, with specialities in the disciplines of criminology, law, archaeology, museum studies, political science, and economics, from countries all around the globe. This allows for a more comprehensive examination of issues facing these professionals and highlights similarities between the challenges encountered in different disciplines as well as in diverse locations. It seeks to disseminate the most current work in this field from a broad array of viewpoints in order to further facilitate an exchange of ideas and lay the groundwork to inspire future collaborations. Most significantly, it provides more specific suggestions for moving forward that could help assist stakeholders to connect and work directly with each other, despite international borders and discipline-related boundaries.The book will be a valuable resource for researchers, practitioners, and policymakers working in the area of cultural property crime.

This book explores innovative approaches to using and operating within and around both criminal law and civil law in the detection, investigation, and restitution of illicit cultural property.The volume brings together a wide range of authors who research and work in combatting cultural property crime. It explores the normative tensions and intersections between civil and criminal law and where they complement each other in the field. It focuses on innovative legal solutions to the unique challenges presented when facing a transnational form of crime that must consider varying structures of law and order, as well as a deep understanding of the heritage in question, both in past and the present cultures. The collection examines what both areas of law contribute to preventing cultural property crime from occurring, holding offenders responsible before the law, and returning objects to their rightful owners and/or places of origin. Combining the perspectives of academics and practitioners, the volume highlights voices from around the globe, using this range of experience to explore new ideas and applications of legal theory and practice to cases involving cultural property crimes.The book will be of interest to academics and practitioners in cultural property crime in the fields of criminology, law, archaeology, museum studies, political science, economics, and law enforcement.

This book explores innovative approaches to using and operating within and around both criminal law and civil law in the detection, investigation, and restitution of illicit cultural property.The volume brings together a wide range of authors who research and work in combatting cultural property crime. It explores the normative tensions and intersections between civil and criminal law and where they complement each other in the field. It focuses on innovative legal solutions to the unique challenges presented when facing a transnational form of crime that must consider varying structures of law and order, as well as a deep understanding of the heritage in question, both in past and the present cultures. The collection examines what both areas of law contribute to preventing cultural property crime from occurring, holding offenders responsible before the law, and returning objects to their rightful owners and/or places of origin. Combining the perspectives of academics and practitioners, the volume highlights voices from around the globe, using this range of experience to explore new ideas and applications of legal theory and practice to cases involving cultural property crimes.The book will be of interest to academics and practitioners in cultural property crime in the fields of criminology, law, archaeology, museum studies, political science, economics, and law enforcement.

This book examines the evolution and current application of the political offence exception clause to extradition in Europe.The long-standing academic exploration of terrorism has recently given way to renewed interest in the political offence exception to extradition, prompted by recent events that signal a democratic downturn globally. Despite the significant curtailment – and, in some cases, the complete abolition – of the political offence exception to extradition in Europe, certain European states continue to quietly implement this exception to deny extradition requests. This work studies the development of the political offence exception in Europe by narrowing its focus from an international perspective to the European context, specifically examining the Council of Europe and the European Union, before zeroing in on the Catalan independence crisis, which offers a particularly valuable case for analysing the application of the political offence exception in the European context.By providing a detailed examination of the evolving protections for political offenders within European legal frameworks, the text updates the long overdue academic knowledge on the matter. It is therefore an essential resource for anyone interested in European criminal law and extradition, in particular. It will also be of interest to researchers, academics, and policy-makers working in the areas of criminal law, human rights law, legal theory, criminology, and political science.

Human trafficking is a multi-faceted crime. It suffers from definitional and implementation problems. One facet, the focus of this book, is the transnational nature of much of the crime, and the need for practitioners to operate across borders to combat it.Europe has taken a distinctive approach to cross border law enforcement and judicial cooperation, which could be used as a model in other areas of the world. This publication examines these problems from a Council of Europe and European Union perspective, including the now post-Brexit UK. The UK has adopted a distinctive approach to legislating and operationalising its trafficking in human beings (THB) legal frameworks, also legislating for “slavery, servitude, forced and compulsory labour”, resulting in distinctive results in internal UK law enforcement. It is argued here that this approach and the results should inform THB legislative and operational developments more widely. Further action in legal and operational frameworks is, however, clearly needed and the book advocates the adoption of a human security “freedom from fear” approach. Ultimately, the interaction of different legal frameworks, and different jurisdictions requires transnational practitioners to adopt a constructivist approach, as was adopted for the development of the internal EU area of freedom, security and justice. The book will be of interest to academics, researchers and policy-makers working in the areas of transnational law, migration law, criminology and international relations.

Human trafficking is a multi-faceted crime. It suffers from definitional and implementation problems. One facet, the focus of this book, is the transnational nature of much of the crime, and the need for practitioners to operate across borders to combat it.Europe has taken a distinctive approach to cross border law enforcement and judicial cooperation, which could be used as a model in other areas of the world. This publication examines these problems from a Council of Europe and European Union perspective, including the now post-Brexit UK. The UK has adopted a distinctive approach to legislating and operationalising its trafficking in human beings (THB) legal frameworks, also legislating for “slavery, servitude, forced and compulsory labour”, resulting in distinctive results in internal UK law enforcement. It is argued here that this approach and the results should inform THB legislative and operational developments more widely. Further action in legal and operational frameworks is, however, clearly needed and the book advocates the adoption of a human security “freedom from fear” approach. Ultimately, the interaction of different legal frameworks, and different jurisdictions requires transnational practitioners to adopt a constructivist approach, as was adopted for the development of the internal EU area of freedom, security and justice. The book will be of interest to academics, researchers and policy-makers working in the areas of transnational law, migration law, criminology and international relations.

This book explores a range of topics relating to the prosecution and trial of organised crime and the punishment, especially imprisonment, of members of organised criminal groups. Organised crime poses particular challenges to the criminal justice system. While much of the attention of policy-makers, legislators, law enforcement, and the media is on criminalisation and investigation, much less attention, including academic analysis, has been devoted to the unique problems posed by organised crime to criminal procedure and to the prison system. This book gives particular attention to the role and powers of prosecutors and the judiciary, measures relating to criminal proceedings, international cooperation, sentencing, and the situations in prisons. The book is intended to be a valuable guide for academics, researchers and policy-makers working in the areas of organised crime, international criminal justice, criminal procedures, and prisons.