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Posts tagged international cooperation
Countering Ransomware Financing

By The Financial Action Task Force (FATF)

Ransomware attacks target individuals, businesses and government agencies, across the world. The impact of these attacks can be devastating for individuals, government agencies and business activity and even disrupt essential infrastructure and services.

This FATF report analyses the methods that criminals use to carry out their ransomware attacks and how payments are made and laundered. Criminals are almost exclusively using crypto, or virtual assets and have easy access to virtual asset service providers around the world. Jurisdictions with weak or non-existent AML/CFT controls are therefore of concern.

The report proposes a number of actions that countries can take to more effectively disrupt ransomware-related money laundering. This includes building on and leveraging existing international cooperation mechanisms, given the transnational nature of ransomware attacks and related laundering. Authorities also need to develop the necessary skills and tools to quickly collect key information, trace the nearly instantaneous financial transactions and recover virtual assets before they dissipate. The multi-disciplinary nature of ransomware also means that authorities must extend their collaboration beyond their traditional counterparts to include cyber-security and data protection agencies.

The FATF also finalized a list of potential risk indicators that can help public and private sector entities identify suspicious activities related to ransomware.

Paris: The Financial Action Task Force (FATF) 2023. 54p.

Global Law Enforcement in the Harm Landscapes of Climate Change

By The United Nations Office on Drugs and Crime (UNODC)

Three Key Questions ♦ How are the activities of law enforcement agencies impacted by climate change and what are the implications of this for future practice? ♦ What capacities and organisational attributes are required by law enforcement agencies in responding to the challenges posed by climate change and environmental degradation? ♦ What improvements can be made to law enforcement responses to the challenges posed by climate change and environmental degradation? Legal and Professional Contexts ♦ Crimes that affect the environment are increasingly being prioritised by the United Nations and other international bodies, as well as regional and domestic authorities. ♦ A paradigm shift is occurring due to changing circumstances that is reshaping contemporary responses to the law enforcement mission and mandate. This has ramifications for how law enforcement work is carried out, the resources needed to do so, and the collaborations required across agencies and between community and government. Crimes that Affect the Environment and Climate Change ♦ Crimes that Affect the Environment Contributing to Climate Change Deforestation – diminishment of carbon sinks, adding to carbon emissions; Illegal mining – air pollution; polluting freshwater systems, Wildlife trafficking – loss of certain species and individuals may undermine the functioning of ecosystems exacerbating conditions leading to climate change; Land grabs and changing land uses – lost carbon stock and sequestration, adding to carbon emissions. ♦ Climate Change Affecting Existing Categories of Crime Water crimes – resource scarcity and water theft; Clandestine migration – climate refugees; Illegal mining – rare earth minerals for new renewable energy systems; Social conflict – aggression and violence over scarce resources, social strains arising from biophysical changes, changes in routine activities depending on weather. ♦ Cross-Over Crimes Associated with Crimes that Affect the Environment and Climate Change Homicide – killing of park rangers, environmental activists, local residents; Organised crime groups and networks – fraudulent green investments, low-price food on-sales; Corruption – direct (criminal such as document fraud) and moral (unethical policies and practices that foster carbon emission pollution); Disaster-related fraud – building practices, insurance claims, victim scams and identity theft. Climate Change Risks and Disasters ♦ The planet is heating up at an unprecedented rate and this is accelerating. The effects of this are manifest in high impact and extreme weather events and increases in all manner of risks and harms. This is global in nature. ♦ The notion of harmscape captures the idea of intersecting and interacting harms. Climate change impacts and risks are becoming increasingly complex and more difficult to manage. ♦ The intersectional dimensions of responding to climate disruption include three main features: climate related crimes (e.g., water theft); climate-related events (e.g., wildfires); and climate-related problems (e.g., prolonged homelessness), all of which are interconnected. Capacities and Capabilities of Law Enforcement Agencies ♦ While there may be rising interest and need for greater law enforcement intervention arising from climate-related events and trends, at present there is generally insufficient capacity to meet the challenges of either crime fighting or disaster and emergency management. ♦ A change in and pluralisation of police roles is occurring, in which greater attention is being devoted to matters such as climate change mitigation, reduction of climate-related crime or first responder work on the frontline of environmental disasters. ♦ There are a multitude of stakeholders and agencies with which law enforcement must engage and collaborate with, with numerous tensions and opportunities evident at the grassroots level with regard to state-community relations. A New Paradigm for Global Law Enforcement ♦ A robust response to climate-related crime and disaster events hinges to a large extent on the strength and resilience provided by the community and NGO sectors working in conjunction with state authorities. ♦ A wide range of equipment and technologies are required in the fight against climate-related crimes and in responding to disasters and emergencies. These need to be shared out at the global scale. ♦ Information management systems are crucial to both combating climate-related crimes as well as predicting and responding to climate-related disasters and their short- and long-term social and environmental consequences. ♦ It is vital that multi-agency and multi-disciplinary teams and forums be provided that bring together in a coordinated manner the knowledge, expertise and experience of a wide range of practitioners. ♦ A range of strategic actions are required for effective environment and climate-related global law enforcement. The emphasis must be on preparedness and rapid mobilisation of human and technical resources.

Vienna: UNODC, 2024. 70p.

Implementing and Enforcing EU Criminal Law: Theory and Practice

Edited by Ivan Sammut, Jelena Agranovska

This book is the result of an academic project, funded by the Hercules Programme of the European Commission to study legislation dealing with crimes against the Financial Interest of the EU awarded to the Department of  European and Comparative Law within the Faculty of Laws of the University of Malta. The study deals with the notion of criminal law at the European Union level as well as the relationship between the EU legal order and the national legal order. The focus of the study is on the development of EU criminal legislation aimed at protecting the financial interests of the EU, with a focus on cybercrime, fraud and public spending. It starts with the current legal basis in the TFEU, followed by the development of EU legislation in the area as well as the legislation of relevant bodies, such as EPO, OLAF and EUROPOL. The study tackles how this legislation is being received by the national legal orders, whereby eleven EU Member States are selected based on size, geography and legal systems. These Member States are France, Ireland, Croatia, Estonia, Germany, Italy, Malta, Spain, Latvia, Greece and Poland. A comparative study is made between those sections of EU criminal law dealing with the financial interests of the EU in these Member States to analyse the current legislation and propose future developments. The study, which is led by the editors based at the University of Malta, examines the subject from a European perspective. Besides the European perspective, the  study focuses on national case-studies, followed by a comparative analysis.

The Hague: Eleven International Publishing, 2020. 340p.

The Future of International Cooperation Against Transnational Organized Crime: The Undoing of UNTOC?

By Yvon Dandurand and Jessica Jahn

Success in addressing transnational organized crime hinges on multilateral cooperation. However, existing cooperation regimes are ineffective at countering the rapid changes in the organized crime landscape and countries increasingly tend to turn to national solutions. The diminishing support for multilateral cooperation means the international criminal justice system has become disjointed, insufficient and reactive. This paper sets out five possible scenarios that could affect the future of international criminal justice cooperation, and raises thought-provoking questions about possible outcomes and impacts on transnational organized crime. To be useful as planning tools, any scenario or vision of the future must be connectable to decisions in the present, and therefore the scenarios described here are presented in the framework of current challenges. It is hoped that civil society organizations will take the lead in formulating a comprehensive international criminal justice cooperation strategy, built on what works. Such a strategy should also supplemented with new ideas to address shortcomings and to facilitate effective reforms of the multilateral institutions needed to implement such a strategy.

Geneva: Global Initiative Against Transnational Organized Crime, 2021. 18p.

Transnational Organized Crime

Edited by Heinrich-Böll-Stiftung and Regine Schönenberg.

Analyses of a Global Challenge to Democracy. ”In June 2011, the Heinrich Böll Foundation hosted an international conference on transnational organized crime (TOC). It was the first time that the Foundation addressed the issue of transnational organized crime in such a comprehensive manner. The intention of this event was to raise awareness about the interdependency of international criminal structures, legal economic processes, and the respective political orders. A further aspect that was addressed was the interwovenness of drug, arms, human and organ trafficking, and money laundering.”

Creative Commons (2013) 309p.