By Tyrone Kirchengast

This book brings together the diverse and fragmented rights and powers of victims constitutive of the modern adversarial criminal trial as found across the common law jurisdictions of the world. One characteristic of victim rights as they emerge within and constitute aspects of the modern criminal trial is that they are dispersed within an existing criminal process that largely identifies the offender as the benefactor of due process rights, originating in the seventeenth-century adversarial criminal trial. This trial increasingly excluded the victim for the Crown and state, and the role of the victim was slowly eroded to that of witness for the prosecution as the adversarial trial matured into the latter part of the twentieth century. Increasing awareness of the removal of the victim and the need to secure the rights and interests of victims as stakeholders of justice resulted in the last decade of the twentieth century, bearing witness to the gradual relocation of the victim in common law and statute. This relocation has occurred, however, in a highly fragmented and disconnected way, usually following spontaneous and at times ill thought-out law reform initiatives that may or may not connect to the spirit of existing reforms, foundational structures of the criminal process, or international or domestic rights frameworks that have emerged in the meantime.

London: Palgrave Macmillan, 2016. 360p.

By United Nations Office on Drugs and Crime (UNODC)

Globalization and growing economic interdependence have encouraged and promoted the transformation of crime beyond borders in all parts of the world. Improved communications and information technologies, increased blurring of national borders, greater mobility of people, goods and services across countries, and the emergence of a globalized economy have moved crime further away from its domestic base. The nature of organized crime in the contemporary world then cannot be understood separately from the concept of globalization. In 1998, in recognition of these factors, the Member States of the United Nations decided to established an ad hoc Committee for the purpose of elaborating a comprehensive international Convention against Transnational Organized Crime (TOC). The ad hoc Committee succeeded in drafting four international legal instruments -- the Convention and three Protocols on Trafficking in Persons, Smuggling of Migrants and Illicit Manufacturing of and Trafficking in Firearms -- that will facilitate the prevention and combating of transnational organized crime. Through the ratification of these instruments several new legal concepts and mechanisms will be adopted by the State Parties who ratify the Convention. Of importance in this regard, is the criminalizing of participation in the activities of a criminal group itself. Importantly too, the Convention will provide a basic framework of cooperation across a large number of countries in the fight against organized crime. Critical to the implementation and monitoring of the TOC Convention will be the ability to access reliable information on international organized crime trends. Adequate information on ongoing developments from a global perspective may provide a useful marker against which progress can be measured and changes in the nature of organized crime assessed. At the same time, an international effort to collect data on developments in organized crime around the globe would provide a platform for the work of a wide ranging number of individuals and governments who are increasingly adopting more systematic ways of acquiring information on organized criminal groups. Beyond the establishment of an overall measure to assess trends in organized crime, the development of a more comprehensive system of classification and the ongoing collection of data on criminal groups provides a useful tool for both law enforcement officials and prosecutors. Information on various criminal groups serves not only to inform counterparts in other countries what kind of criminal groups are being investigated in specific states, but allows information on the activities of similar groups to be compared.

New York: United Nations Office on Drugs and Crime, 2002. 123p.

By Blue Justice

The Large Ocean Nations Forum on Transnational Organised Fisheries Crime was launched at the UN City in Copenhagen on 15 October 2018. The forum was hosted by PescaDOLUS in cooperation with the Faroese Ministry of Fisheries, the Norwegian Ministry of Trade, Industry and Fisheries and the Nordic Council of Ministers. The forum, which gathered more than 80 participants from Large Ocean Nations (LONs) as well as from other countries, intergovernmental organizations and civil society, was opened by the Ministers of Faroe Islands, Palau, and Kiribati alongside high-level participants from the Nordic Council of Ministers and Norway. The establishment of the Forum on Transnational Organised Fisheries Crime built on the Large Ocean Nations Forum on Blue Growth launched in Malta in 2017. The objective of the LON Forum on Fisheries Crime was to facilitate agreement between LON participants on the particular challenges posed by transnational organised fisheries crime to LONs and the importance of cooperatively fighting such crime. Presentations from Fiji, Indonesia, Jamaica, Mauritius, Sao Tome and Principe and Seychelles highlighted the common challenges and opportunities of Large Ocean Nations and the need for cooperative action to address transnational fisheries crime towards fulfilling the Sustainable Development Goals and Blue Growth. Drawing on the content of the speeches, presentations and discussion points at the Forum, suggested ways forward are highlighted at the end of the Report. The launching of the LON Forum on Transnational Organised Fisheries Crime is a concrete first step towards fostering such cooperation, as subsequently reflected in the joint ministerial declaration agreed by the LON government representatives present at the meeting

Oslo: Blue Justice, 2019. 53p.

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

.The global fishing industry is made up of a complex net of activities, actors and authorities spread across multiple countries and jurisdictions. The sheer complexity brings with it regulatory and enforcement challenges, and provides numerous opportunities for criminals to break the law. Corruption strikes at the core of the fight against fisheries crime. It threatens effective regulation and crime prevention at every stage of the fisheries value chain, exposing it to a wide range of risks, from the preparation of forged licences and the underreporting of quantities of caught fish at landing, through to the sale of mislabeled fish, among others. Corruption also undercuts the efforts of law enforcement to investigate and prosecute fisheries crime when it does occur. All other efforts to regulate the fisheries sector and combat fisheries crime will fail unless the disease of corruption is addressed.

Vienna: United Nations Office on Drugs and Crime, 2019. 66p.

By North Atlantic Fisheries Intelligence Group and INTERPOL

Secrecy, or the ability to keep one's identity hidden behind a corporate veil, is a key facilitator of fisheries crime, including tax crime and other ancillary crimes in the fisheries sector. Secrecy means that investigators “don’t know what they don’t know” and is a fundamental challenge to fisheries crime law enforcement. The focus of this report is the jurisdictions that facilitate secrecy in fisheries, the flags of convenience, and particularly those that are contracted out to private companies, the so-called private flags, and the impact flags of convenience and secrecy has on effective fisheries crime law enforcement.

NA-FIG, INTERPOL, the Nordic Council of Ministers and Norad 2017. 76p.

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By Eve de Coning

The study posed the questions whether there is transnational organized crime and other criminal activity in the fishing industry and, if so, what the vulnerabilities of the fishing industry are to transnational organized crime or other criminal activity. The research took the form of a six-month desk review of available literature, supplemented by ad hoc consultations and a two-day expert consultation held in Vienna, Austria. Importantly the study did not set out to tarnish the fishing industry. Rather, the study sought to determine whether criminal activities take place within the fishing industry to the detriment of law-abiding fishers, the legitimate fishing industry, local fishing communities, and the general public alike. The study considered the involvement of the fishing industry or the use of fishing vessels in trafficking in persons (Chapter 2); smuggling of migrants (Chapter 3); illicit traffic in drugs (Chapter 4); and other forms of crime such as marine living resource crime, corruption, and piracy and other security related crimes (Chapter 5).

Vienna: United Nations Office on Drugs and Crime, 2011. 144p.

By Sjarief Widjaja, Tony Long and Hassan Wirajuda

By looking at the breadth of areas in need of reform, this Blue Paper lays out a methodology for addressing IUU fishing, including best practices for implementing the Port State Measures Agreement and other means to prevent IUU fishing catches from entering the market. It also discusses ways to promote technologies for combating IUU fishing, strategies for transitioning IUU fishing fleets, and the role of regional and international partnerships.

Washington, DC: World Resources Institute, 2020. 60p.

By Emma Witbooi, Kamal-Deen Ali and Mas Achmad Santosa

Organised crime in the fisheries sector is an often-overlooked barrier to securing a sustainable ocean economy, despite threatening coastal states’ food security, fostering human rights abuses and diverting government revenue to the shadow blue economy. This Blue Paper spotlights the problem and draws from current promising practices for addressing organised crime in the fisheries sector to present practical opportunities for action—globally, regionally and nationally. One of the key challenges in this space is the development of a joint understanding of the problem at hand—shedding light on the pervasive impact of this shadow industry. We feel this Blue Paper provides a solid foundation of experience and best practice that can be used to develop solutions to be implemented immediately in conjunction with sustainable fisheries management strategies.

Washington, DC: World Resource Institute, 2022. 38p.

By Carolin Liss

In PRIF Report No. 125 Assessing Contemporary Maritime Piracy in Southeast Asia: Trends, Hotspots and Responses Carolin Liss takes a close look at contemporary piracy in this region, examines the nature of pirate attacks and identifies recent piracy trends and hotspots. Has there been a shift or change in comparison to the last piracy boom in this region between the 1990s and the mid-2000s? And what could be done to ensure piracy does not worsen, to protect those targeted by attacks in the future and guarantee the safety of the region’s primary maritime shipping routes?

Carolin Liss demonstrates that, unlike in waters such as the wider Gulf of Aden area, there is no need for international warships or armed private security guards on ships in Southeast Asia. Instead, it is important to work out tailored responses to the specific types of attacks as well as adopt broader measures which address the root causes of piracy.

Frankfurt am Main, Germany: Peace Research Institute Frankfurt (PRIF), 2014. 40p.

By Jason Payne, Rick Brown and Roderic Broadhurst

In this study the arrest records of the 1984 and 1994 NSW birth cohorts were obtained using a data matching process facilitated by the NSW Registry of Births Deaths and Marriages and the NSW Bureau of Crime Statistics and Research (BOCSAR). The aim of this research is to examine the possible causes and consequences of the Australian crime decline through a longitudinal and developmental criminological lens. To the authors’ knowledge, this is the first such comparative analysis of longitudinal data aimed at exploring the crime decline, and builds on the recent, albeit it aggregated and cross-sectional, analysis both in Australia (Weatherburn et al. 2014) and overseas (Farrell et al. 2015). Overall, the age-graded longitudinal experiences of the more recent of the two cohorts (born in 1994) confirm the declines previously identified by Weatherburn and Holmes (2013). Specifically, the results presented in this study suggest that as a proportion of each birth cohort the number of young people having contact with the criminal justice system by their 21st birthday had almost halved; down from 9.5 percent for the 1984 birth cohort to 4.8 percent for the 1994 birth cohort. But for the very young ages of between 10 and 13 years, the annualised prevalence of criminal justice contact was markedly lower for those born in 1994, although the analysis shows that these disparities are greatest in the late teenage and early adulthood years. Importantly, the otherwise non-existent or modest differences in the younger years suggests that for both cohorts the emergence and prevalence of ‘early onset’ offending was not dissimilar. Instead, the so-called crime decline appears to have been the result of fewer young people having contact with the criminal justice system as teenagers and young adults.

Canberra: Australian National University, 2018. 68p.

By Sin-ying Choi

This dissertation is a study on the relationship between crime rate and socio-economic factors (i.e. poverty, income inequality, age, education and unemployment) in Hong Kong. Although there are many such studies on crime in foreign countries, similar study in Hong Kong is rare. This dissertation examines if any functional relationship could be established by regression analysis and how this can be related to new town development.

Hong Kong: University of Hong Kong, 2007. 123p.

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By Roderic Broadhurst, Brigitte Bouhours, and John Bacon-Shone

Between 2003 and 2009, the International Violence Against Women Survey (IVAWS) has been conducted in 12 developed and developing countries. The IVAWS is a comprehensive instrument that measures women’s experiences of physical and sexual violence by men, including intimate partners, victims’ help-seeking behaviour and the response of.... was conducted in Hong Kong and, for this reason, no trends in violence over time are available; however, because the IVAWS uses standardised questions and data collection methods, results can be compared with those of the other countries that participated in the survey. The report shows rates of victimisation for seven types of physical..... who the perpetrator was, particularly whether it was an intimate partner, a relative, a friend or acquaintance, or a stranger. Women who had recent incident, such as whether they had reported the assault to the police or victim support services. Drawing on socio-demographic and behavioual information on both respondents and their partners, the report examines the predictors of violent victimisation by partners and non-partners.

Hong Kong: University of Hong Kong; Canberra: Australian National University, 2012. 110p.

By Summer Walker, Walter Kemp, Mark Shaw and Tuesday Reitano.

Through stark images and charts, this report gives a graphic illustration of how the global illicit economy has boomed in the past 20 years and how it poses a serious threat to security, development and justice. With so many major challenges in our world today, it may seem that tackling transnational organized crime is a lower priority than addressing climate change, pandemics, inequality or migration. But organized crime is a common denominator to all of these challenges: it enables them, and it profits from them. As a result, organized crime is a driver of unsustainable development. This report is impressionistic. It is designed to show the inter-relationships and interdependence between global mega-trends and the trajectories of organized crime since 2000, the year the UN Convention against Transnational Organized Crime (UNTOC) was adopted. It is written from the perspective of civil society, drawing on consultations with the Global Initiative Against Transnational Organized Crime’s secretariat, its Network of Experts, and recipients of the Global Initiative Resilience Fund, including nine consultations held in five regions. It is based on data that is in the public domain that has been gathered through research and analysis. We hope this report can bring fresh approaches and different perspectives to intergovernmental processes. Furthermore, we hope it can stimulate new thinking and be a catalytic resource for more effective responses to organized crime. We appreciate the opportunities available for us to do this, for example through the review mechanism of the UNTOC Conference of Parties as well as the UN Crime Congress. As this report shows, organized crime is harming so many aspects of life on our planet. Left unchecked, the shadows of the future look even more sinister. We need to change the trajectory. We hope this report can raise awareness and provoke debate. Most importantly, we hope that it can stimulate action to strengthen local resilience and lead to a global strategy against organized crime.

Geneva, SWIT: Global Initiative Against Transnational Organized Crime, 2021. 118p.

Edited by Michael Milklaucic and Jacqueline Brewer

Illicit networks affect everyone in our modern, globalized world. From human trafficking in Eastern Europe to drug smuggling in East Asia, to the illicit arms trade in Africa, to terrorist cells in East Asia and insurgents in the Caucasus, transnational illicit networks have tentacles that reach everywhere. The trade in illegal narcotics is perhaps most worrisome, but of growing concern is the illicit trafficking of counterfeit items, weapons, natural resources, money, cultural property, and even people by shrewd, well-resourced, and nefarious adversaries

Acceleration. Magnification. Diffusion. Entropy. Empowerment. The global environment and the international system are evolving at hypervelocity. A consensus is emerging among policymakers, scholars, and practitioners that recent sweeping developments in information technology, communication, transportation, demographics, and conflict are making global governance more challenging. Some argue these developments have transformed our international system, making it more vulnerable than ever to the predations of terrorists and criminals. Others argue that despite this significant evolution, organized crime, transnational terrorism, and nonstate networks have been endemic if unpleasant features of human society throughout history, that they represent nothing new, and that our traditional means of countering them—primarily conventional law enforcement—are adequate. Even among those who perceive substantial differences in the contemporary manifestations of these persistent maladies, they are viewed as major nuisances not adding up to a significant national or international security threat, much less an existential threat.

Washington, DC: National Defense University Press, 2013. 304p.

By Sara Bianca Taverriti

Irregular migrants face particular challenges in interacting with law enforcement authorities to report a crime, as they fear detection and deportation. This fear, together with their generally precarious situation, makes them particularly vulnerable to crime. This report aims to explain the existing legislation, policy and practices impacting on migrants’ ability to access the Criminal Justice System in Italy, as either victims or witnesses, without running the risk of self-incrimination or deportation. In particular, the report focuses on ‘firewall’ practices – that is, measures that encourage reporting of crime by migrants with irregular status by neutralising the risk and the fear of deportation and expulsion as a consequence of reporting crime. This report is intended to analyse the strengths and weaknesses of these measures, in order to assess their effectiveness in facilitating safe reporting of crime by irregular migrants. Finally, the report will consider the potential of policy reforms in the area of safe reporting, including by considering the potential for implementation in Italy of local measures known as ‘sanctuary policies’. This research contributes to a project on safe reporting of crime for victims and witnesses with irregular migration status in Europe and the United States undertaken by the Centre on Migration, Policy and Society (COMPAS) at the University of Oxford.1 As well as Italy, this project examines the United States, Spain, the Netherlands and Belgium. The ultimate aim of the project is to promote learning of best practices and knowledge-exchange on this topic between countries. It also aims to evaluate the legal and political replicability of ‘firewall’ policies across different countries, and in particular the legal replicability of US experiences (for example, that of ‘sanctuary cities’) in European contexts.

Bristol, UK: COMPAS, Global Exchange on Migration and Diversity, 2019. 46p.

By Markus González Beilfuss

According to the European Union (EU) Victims-Directive, victims of crime have the right to be informed, supported and protected, as well as to participate in criminal proceedings. EU Member States retain notable scope for action to transpose these rights into their national legislation, but with the entry into force of this Directive in October 2012, victims' protection entitlements improved significantly within thre remit of EU Law. However, foreign victims with irregular migration status are still in a vulnerable position. Indeed, they are included in the Directive in a particular way. On the one hand, Member States have to take the necessary measures to ensure that the rights set out in the Directive are not conditional on the victim's residence status. According to Art. 1.1, the rights delineated shall apply to all victims in a non-discriminatory manner, including with respect to their residence status. Nevertheless, on the other hand the Directive does not address the conditions of the residence of crime victims in the territory of the Member States. As mentioned in the preamble of the Directive (Recital 10), ‘reporting a crime and participating in criminal proceedings do not create any rights regarding the residence status of the victim’. Victims of crime with irregular migration status fall under the scope of the EU's Return-Directive. As with any third-country nationals staying irregularly in their territories, Member States shall issue them with a return decision. As stated in Art. 6.4 of the Return-Directive, ‘compassionate, humanitarian or other reasons’ allow Member States to grant at any moment a residence permit or the right to stay to any person with irregular migration status. However, EU law does not directly grant these victims of crime the right to stay if they report the case to the police or the criminal justice system. The outcome of the existing legal framework can be particularly harmful for these crime victims, who are exposed to retaliation and can fear deportation if they report the crime to the police. But it also impacts upon the whole criminal justice system, which may lose crucial actors for the prosecution of crime. In the last decade, EU and international law have started to bring in some exceptions to this inconsistent and harmful legal system. According to Directive 2004/81/EC, victims of human trafficking have access to a so-called ‘reflection period’ that allows them to recover and escape from the influence of traffickers. During this period, it is not possible to enforce deportation orders of third-country national victims, and once the reflection period is finished, victims may under certain circumstances access a residence permit.

Oxford, UK: COMPAS, Global Exchange on Migration and Diversity, 2019. 33p.

By Ruben Timmerman, Arjen Leerkes, and Richard Staring

Across Europe, irregular migrants experience considerable difficulty obtaining basic access to justice, protection, and services across a wide range of areas. The structural exclusion of irregular migrants from the integration strategies of European Union (EU) Member States serves in many situations to limit the full exercise of their basic rights, including in particular the right of an individual to safely report to the police if they have been a victim of or witness to crime.1 In recent years, however, efforts have been made to ensure that irregular migrants within Europe are guaranteed equal access to justice and basic rights should they fall victim to crime. Perhaps most notably, Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime (hereinafter, Victims’ Directive), which entered into force in 2015, sets out to ensure that the rights of all victims of crime are protected, regardless of nationality or residence status.2 Among other things, the EU Victims’ Directive signifies—at least on paper—the inclusion of irregular migrants within the wider purview of victims’ rights. However, there remain significant challenges and barriers to access to justice and rights for irregular migrant victims of crime within Europe, and there is much work still to be done in effectively realising the vision set out by the EU Victims’ Directive. In particular, it has long been observed by human rights observers, scholars, and practitioners in the field of migration that irregular migrants are often hesitant or unwilling to contact or interact with law enforcement authorities to report crime, either as victims or as witnesses, out of fear of arrest or deportation.3 As a result, these irregular migrants are unable to exercise their basic rights to necessary services, protection, and justice, and are often more vulnerable to perpetrators who are able to exploit their reluctance to report crime. Moreover, the lack of opportunity for irregular migrants to safely report crime results in a lack of crucial intelligence about criminal activity for law enforcement, and significantly reduces authorities’ insight into crime and public safety issues in their communities. As a result of these challenges, both in the United States and across Europe innovative and diverse initiatives have been developed—particularly at the local level—to promote ‘safe reporting’ of crime among irregular migrants, and in turn to ensure greater access to justice for victims.4 In particular, many localities have developed what are commonly referred to as ‘firewall policies’.

Oxford, UK; COMPAS, Global Exchange on Migration and Diversity, 2019. 46p.

Edited by Carol Hagemann-White, Liz Kelly and Thomas Meysen

This book offers insights and perspectives from a study of “Cultural Encounters in Intervention Against Violence” (CEINAV) in four EU-countries. Seeking a deeper understanding of the underpinnings of intervention practices in Germany, Portugal, Slovenia and the United Kingdom, the team explored variations in institutional structures and traditions of law, policing, and social welfare. Theories of structural inequality and ethics are discussed and translated into practice.

Leverkusen-Opladen, Verlag Barbara Budrich, 2019. 320p.

By Myrna Dawson

“She was Toronto’s homicide No. 70 of 2019. We only found out after her husband died of COVID-19 in jail.” The above headline appeared in the Toronto Star on April 19, 2021. No. 70 was 75-year-old Zohra Derouiche who had been fatally stabbed in her Scarborough home on Dec. 10, 2019. Her husband was charged with second degree murder when Zohra died 10 days after the stabbing. Until April 19, 2021, almost 1.5 years later, the public did not know about her death. The Toronto police did not release any information at the time of the stabbing. They did not issue a press release when she died or when her husband was charged. There was no coverage of her femicide. Her name was never made public. No one knew what she looked like because no photo of her in life was ever published. The Toronto Star only learned about the case because her 85-year-old husband died in custody in March 2021 after contracting COVID-19. His death will now be the subject of a coroner’s investigation. It is not clear if any investigation will ever occur into Zohra’s death. The Toronto police provided no specific reason for their failure to report Zohra’s death. It is likely that both sexism and ageism played a role. This research paper is about women like Zohra – older women who are killed mostly by men, but also by acquaintances and strangers, and sometimes by those in professional caregiving roles.

Ottawa: Office of the Federal Ombudsman for Victims of Crime, 2021. 54p.

By Monique Widyono

This publication provides an overview of a conference on femicide convened jointly by PATH, the Inter-American Alliance for the Prevention of Gender-based Violence (InterCambios), the Medical Research Council of South Africa (MRC), and the World Health Organization (WHO) in Washington, DC, April 14–16, 2008. The conference brought together activists, researchers, and forensic professionals from 13 countries, with the aim of identifying common ground for strengthening research and galvanizing global action to prevent femicide and end the impunity so often granted to perpetrators. Participants agreed on three outcomes: a publication with an overview of the meeting and a collation of presentations; the convening of an ad hoc International Working Group on Femicide; and an addendum to the PATH/World Health Organization manual, Researching Violence against Women: A Practical Guide for Researchers and Activists, that focuses on femicide research.

Seattle: Program for Appropriate Technology in Health (PATH); Geneva: World Health Organization (WHO), 2009. 120p.