Category: Crime

Cultural Beliefs and Biases

Violence and crime are often rooted in cultural beliefs and biases. These include the various types of discrimination, which are common even in the most advanced societies. First of all, gender-based violence is gaining more and more attention in the modern world. This type of violence is more typical for traditionally patriarchal countries, for example, eastern or developing countries. However, even in more prosperous states, the economic and social status of citizens is different, which can lead to violence against women. Gender-based crimes can include physiological, psychological, or sexual violence.

European Commission (n. d.) reports that in the European Union, 31% of women have experienced acts of physical violence, every 20 have been raped, and 43% suffered psychological violence. Apparently, the statistics even in developed countries are depressing, while in more patriarchal societies is even worse. For example, in Pakistan and China, there is a practice of honor killing, when a wife can be punished with death for wrong behavior (Hadi, 2017). Thus, the prevalence of gender-based violence and crime depends on cultural beliefs about men and women roles.

A special place in genetically motivated violence is occupied by crimes on the basis of bias related to sexual orientation. In many countries, especially the more conservative, cultural beliefs give rise to resentment towards members of sexual minorities. This situation leads to increased aggression and violence towards them. The problem may be motivated by the more frequent involvement of such groups in sex work (Blondeel et al., 2018). However, sexual orientation is often the cause of violence as well as systemic discrimination.

Racial and ethnic discrimination also often leads to violence and conflict situations. Such incidents are motivated by a hostility or prejudice based on a persons race or perceived race (Racial violence statistics, n. d.). Racially motivated violence is the most common cause of hate crimes, which constitutes more than 57% in 2019 (FBI Releases 2019 Hate Crime Statistics, n. d.). It is also noteworthy that in the United States, a significant number of such incidents are directed against African Americans, as well as Hispanic and Latino populations (Number of victims of race-based, n. d.).

Thus, the correlation between persistent discrimination on the basis of race and ethnicity becomes apparent, especially since it is supported by historical premises. Moreover, in recent years, more and more attention has been drawn to the police violence against Black and Hispanic citizens, which also indicates the possible presence of systemic discrimination, which makes the problem even more serious.

Religious bias can also be the cause of violence and crime, as the recent events in France have illustrated. Moreover, rejection of one religious belief group by another is a common reason for terrorist activity. Despite the fact that such incidents occur all over the world, the highest number is registered in Syria, Iraq, Nigeria, India, Myanmar, Pakistan, and Bangladesh (Muggah & Velshi, 2019). In these countries, bias is widespread in relation to various religious groups, which is also motivated by cultural beliefs.

Examination of cultural beliefs and biases helps to understand the causes of many episodes of violence, including systemic ones. Often its roots are in the tradition of a certain society, which makes it difficult to develop relevant measures to eliminate it. Moreover, hate crimes and bias incidents are extremely common in the modern world, which indicates a strong negative correlation between cultural beliefs and motivation for violence.

Social Roles

The most apparent social roles in relation to this violence are the victim and the criminal. Such relationships arise between the direct participants in the incident. In this case, public expectations make one sympathize with the victim and condemn the offender.

However, often the judicial system does not consider certain factors which could justify the convicted person (Boateng & Abess, 2017). Thus, these roles can be a source of stigmatization towards the participants in the incident. As noted with regard to gender-based violence, the roles of men and women can also result in violence. Social expectations in this case often justify domestic violence and sexual harassment, which exacerbate the problem. As with the roles of the victim and the criminal, these roles can be a source of stigma, making it challenging to address the issue. Considering roles in relation to crime and violence can help determine the motives of certain incidents, as well as identify patterns of perception in society.

Social Inequalities

Different types of inequality exist in different societies, leading to different social problems. In the case of violence and crime, economic inequality can play a dominant role. As Coccia (2018) notes, low socioeconomic status and high levels of stratification can be a source of stress and frustration, leading to anger and incidents of violence. First of all, this inequality can result in the need for people to make money and, as a consequence, crimes. However, often economically motivated episodes do not lead to violence per se. Disadvantaged communities are also characterized by an increased level of drug trafficking, which may be another reason for the crime.

Political inequality is most common in the least developed countries. However, its apparent example is also the police violence, which was mentioned above, which results in an uneven distribution of power resources between citizens and the state. The war on drugs, which occurred in the Philippines in 2016, is also a notable episode. The countrys president decided to fight drug trafficking in the country through the genocide of suspects, which led to thousands of victims (Johnson & Fernquest, 2018). Thus, political inequality can often be a motive for massive violence, especially when there is a lack of control and resistance. This discussion can help to understand better the mechanisms of occurrence of incidents and its social determinants.

Existing Conditions

Currently, there is a widespread discussion on how to improve the criminal justice system. As noted, it is often discriminated against and stigmatized, which exacerbates the situation with violence and crime. Currently, reforms should be directed more towards preventing crimes than punishing them. In this respect, an existing social problem can accelerate change by drawing public attention to episodes of unfair condemnation. Thus, the growing interest in the causes of violence and crime can have a positive effect on the transformation of the entire judicial system and the perception of incidents.

Undoubtedly, the growing concern regarding domestic violence and sexual harassment lead not only to more convicts but also to human rights initiatives. In particular, this applies to more patriarchal countries in which it is difficult to uproot traditional foundations. Gradually, the existing issue may lead to a revision of the legal norms on gender-based violence in the most disadvantaged countries. In developed societies, this process is already obvious, since recently there have been a significant number of scandals in connection to harassment and domestic violence.

Drugs have always been associated with violent crime. The link between drugs and violent crime can take place in three ways: crime committed by drug users, crime connected with the production and distribution of drugs, or violent crime directly associated with the attempt to enforce drug prohibition (Friedman 1). Drug interdiction refers to the efforts taken by the government to interrupt the flow of drugs into and within the country.

At the international level, the United States Coast Guard personnel are entrusted with the task of drug interdiction, by countering the smugglers at sea and preventing illegal drug shipments into the United States. Through drug interdiction, the destructive influence of drug consumption is reduced and the potential funding for terrorism through drug supply is also disrupted. Thesis: Drug interdiction helps to reduce drug-related crime by reducing the flow of drugs into the country and by disrupting the flow of funds into the hands of the terrorists.

Drugs are harmful to society because of their direct link to violent crime. To check violent crime, the huge illicit drug market in the United States needs to be checked. The checking of the illicit drug market can be done by reducing the demand for illegal drugs, reducing the import of illegal drugs, and reducing the local production and distribution of illegal drugs. While reducing the demand for illegal drugs is not within the purview of drug interdiction, international drug interdiction helps to check illegal drugs by reducing the flow of illegal drugs into the country and domestic drug interdiction helps to check illegal drugs by stopping their distribution.

Domestic interdiction, investigation, or interception programs refer to the interception of illegal contraband within the confines of the US. It targets the interception of drugs before the sale on the street (Steffen & Candelaria 2). Domestic interdiction directly reduced the drugs available to the users. Thus by reducing the drugs available to the users, drug interdiction serves to reduce drug-related crime indirectly. The fact that domestic interdiction is effective is shown by the fact that to date more than 300 domestic drug interdiction groups exist in the US and are growing due to the demand for counterdrug efforts in a variety of settings (Steffen & Candelaria 3).

International drug interdiction takes a variety of forms  from careful customs inspection to waging war against producing nations. International and national interdiction efforts are conducted by a variety of agencies such as the United States Coast Guard, United States Customs, Service, and the Drug Enforcement Administration (Steffen and Candelaria 1). The Commandant of the U.S. Coast Guard in December 2007 announced a record year for cocaine seizures with 355, 755 pounds seized, worth more than $4.7 billion (USCG 1).

In September 2007, the Coast Guard and its partners interdicted a vessel loaded with 3,600 gallons of cocaine dissolved in diesel fuel, a technique used by smugglers to avoid detection (USCG 1). In August, Coast Guard, Navy, and Customs and Border Protection crews interdicted and boarded a self-propelled, semi-submersible vessel loaded with an estimated $352 million of cocaine (USCG 1).

The Coast Guard made its largest maritime cocaine seizure when it intercepted the Panamanian vessel Gatun carrying more than 33,500 pounds of the narcotic -or approximately 20 tons  in March 2007 (USCG 1). All of these achievements only prove that drug interdiction is very effective in checking the flow of drugs into the country and through reduced flow, there is likely to be reduced consumption and hence reduced crime.

Every year, 400-800 metric tons of cocaine, or approximately 90% of the cocaine en route the United States, enters the six million square miles maritime transit zone between the drug-producing countries of South America and the United States (Expectmore.gov 1). The Drug Interdiction Program works to stem this cocaine flow. Research shows that cocaine is directly related to violent behavior (Giannini et al 67). Thus, by stemming the flow of cocaine, drug interdiction efforts help in reducing drug-related violent crime.

There is a connection between international drug trafficking and terrorism and terrorism by definition is a violent activity. The degree to which profits from the drug trade are directed to finance terrorist activities is of paramount concern to our Nation and the DEA (Hutchinson 1). Drug interdiction, by preventing the drug trade also helps to dismantle the formidable sophisticated terrorist and drug trafficking organizations (Hutchinson 1). This dismantling further serves in reducing drug-related violent crime.

Drug interdiction, by checking the flow of drugs into the country not only reduces the number of drugs available to the consumer but also halts the financing of terrorist organizations that are funded through the drug trade. Cocaine, the drug found to induce violent behavior in people who consume it, is the most widely seized drug interdiction effort. Thus, it is true to say that drug interdiction efforts help to reduce drug-related crime both by checking the number of drugs available to the consumer and by checking the growth of terrorism.

Works Cited

Giannini, A.J.; Miller N.S; Loiselle R H; and Turner C E (1993). Cocaine-associated violence and relationship to route of administration. J Subst Abuse Treat. 10(1):67-9.

Friedman, David (2008). Drugs, Violence and Economics. Web.

USCG (United States Coast Guard) (2007). Coast Guard Announces Record Drug Seizures. Press Release. Web.

Steffen, S. George and Candelaria, M. Samuel (2002). Drug Interdiction: Partnerships, Legal Principles, and Investigative Methodologies for Law Enforcement. CRC Press.

Hutchinson, Asa (2001). DEA Congressional Testimony.

Expectmore. (2008). Detailed Information on the Coast Guard: Drug Interdiction Assessment. Web.

Deviance and crime are two very important social problems faced by humanity today. Deviance generally refers to behavior or behaviors which go against what is acceptable by the community. It is action in ways not considered to be normal by the larger society. This is in relevance to the norms established by the society under consideration.

Consequently, what may be considered as an act of deviance in one society may not be so in a different society. Crime on the other hand is utter disobedience to the written laws. It is however true that the written laws are largely influenced by the societys set of norms. There are different explanations as to why people engage in deviance or crime in the society. This paper looks at the functionalist approach to the explanation of the causes of deviance and crime.

The theory was developed by Durkheim who noticed that traditional societies were better bound by common norms as opposed to the modern societies a condition which he termed as anomie. This being the case, people are at greater liberty to pursue their own interests as opposed to collective interest. Some level of deviance is however healthy as it leads to better adaptation of the society.

The functionalist approach argues that too much individualism leads to increased deviance and crime. This is because a large portion of the society wishes to behave against the established norms as they serve their own interests. Individualism is a selfish approach towards every aspect of life.

The individual is only interested in furthering their selfish interests and often, this approach is in conflict with what is socially acceptable. An example is a case where an adult deprives his/her children of the required necessities of life despite them having them adequately. In such a case, the individual is engaged in deviance as a result of extreme selfishness resulting from individualism.

Secondly, Robert Merton developed the theory by explaining the causes of deviance and crime as a result of strain. Strain here is defined as a condition witnessed within societies whose members cannot access adequate legit channels which enable the achievement of socially defined goals.

This factor is seen as an adequate incentive towards the pursuit of alternative means including deviance and crime. An example of a case where strain causes individuals to be deviant and engage in crime is a case a poor parent faces the challenge of providing for his/her family. The aim of providing for the family is definitely socially defined and acceptable however, they are unable to achieve it in ways which are socially acceptable as they lack the requisite resources and opportunities.

Again, under the functionalist approach deviance and crime are compared to a safety channel. An example is the case of prostitution where the sexual services are availed without significant threat to the concerned persons marriage. In addition, deviance is seen as being functional due to the fact that it offers the persons charged with the responsibility of managing it with economic and other opportunities.

These views explain the rationale behind the assertion that areas with higher inequality in terms of income and opportunities experience much higher rates of crime and deviance in relation to other societies with high levels of equality. Indeed such trends have been observed across the world.

Introduction

The late 20th century has been characterized by unprecedented changes which have been made possible by novel technological advancements witnessed in this period. However, these great advancements have also made it possible for crime to become more prevalent and sophisticated as criminals utilize technology to engage in their mischief. Crime fighters have therefore had to make use of advances in all fields to combat criminals.

One tool which is proving to be of great use in crime fighting is DNA analysis. The power of DNA analysis to make significant contributions to the criminal investigation task is becoming more apparent and with this, it can be plausibly deduced that DNA analysis will play an even bigger role in crime fighting in the future.

However for DNA profiling to be used successfully, there has to be a DNA database where tissue samples, genetic information and personal data is stored indefinitely. This brings about the real fear that this information may be misused therefore leading to an infringement on the rights afforded to the individual.

This paper shall research on DNA analysis in a bid to show that this technology is primarily a very important crime-fighting tool and that while fears of invasion of privacy are real, they pale in comparison to the great benefits to be reaped from exploiting DNA analysis.

DNA Analysis: the Ultimate Crime Fighter

DNA databases function by first of all storing DNA information in computerized system. Genetic material lifted from a crime scene is then matched against the profiles which exist in the databank therefore producing a cold hit (Polonsky 1332). Unidentified samples are also stored for future use.

In essence, DNA databanking is the computerized storage of private information for an indefinite period of time. The move by most countries to utilize DNA databases has been undoubtedly encouraged by the success of Britains systems of biologically tracking offenders which has given Britain law enforcers an edge over criminals when fighting crime (Polonsky 1335).

At onset of DNA analysis, DNA profiling was solely used to confirm the identity of an individual who was already been held as a suspect on a crime. However, the population and eventual use of offender DNA databases has revolutionalized crime solving.

With the help of these databases, very small amounts of DNA recovered from a crime scene can be used to link otherwise faceless suspects to a crime by cross referencing the crime scene sample to the samples held in the database. Having convicted offenders in the DNA database is necessary to maximize the crime-solving potential of DNA and for this reason, the government should invest more on increasing the scope of DNA databases.

A contentious issue with regard to DNA analysis has been the practice of using voluntary DNA samples to link the donor to some unsolved crime. This has been seen by opponents of DNA analysis as an abuse of the confidentiality afforded to the volunteer.

While the confidentiality of an individual should be respected, the confidentiality can be disregarded if a person perpetrates a crime (Staley 6). Crime fighters propose that it would be absurd to avoid arresting a criminal since the DNA sample that links him/her to the crime was obtained without his consent.

In crime fighting, the credibility of evidence given by an eyewitness may be diminished with time as a result of natural factors such as fading memories. This means that when solving old cases, the reliance of eye witnesses accounts may be challenged. Ashcroft, Danies and Hart declare that DNA evidence helps overcome such limitations since DNA analysis remains reliable decades after the crime was committed (3). DNA analysis is therefore the most relevant tool in dealing with crimes that were committed in the far past.

Arguably the most important role played by criminal justice system is deterrence. This is because the most desirable function of punishments should be to deter would be wrong doers thus leading to a harmonic society. In an ideal environment, punishments should never have to be executed but their mere presence should cause all to abide to the rules and regulations in place therefore peacefully coexist.

DNA analysis can be a great deterrence tool if DNA testing is made universal. Proponents of mandatory DNA testing asset that it would lead to great deterrence from crime for all members of the community since the risk of getting caught by the police would be greatly increased as a result of the universal DNA databanks (Rosen 44).

DNA: An Infringement on Privacy

There exist fears that DNA analysis could constitute an invasion of privacy. These are not baseless fears for as Rosen confirms, the danger with DNA databases is that they provide an inescapable means of identification, categorization and profiling (39).

What this means is that DNA provides genetic information unique to a person that has the potential of revealing to a third party a persons predisposition to illnesses or behaviours without the persons knowledge (Rosen 39). With this in mind, it is evident that the fears that the people who are opposed to DNA databases are very well founded

Arguably one of the most controversial issues as with regard to the science of DNA analysis is the DNA dragnet tactic which involves police officers obtaining DNA samples from a specific group of people in an attempt to solve a crime. Dragnets are based on a reasonable suspicion that each member of the sample group might indeed be involved in the crime in question.

Polonsky documents that this so call voluntary taking of DNA samples causes great mistrust from the selected group who feel pressured by the police to give their samples so as to exonerate themselves from the crime in question (1332). This negates the voluntary basis on which the samples are taken and is seen by many as an infringement of the individuals civil rights.

Our society is built on the foundation of democracy and equal and fair treatment of all. As such, acts such as discrimination and racial profiling are seen as undesirable. However, some utilization of DNA analysis leads to this ills as well as invading the privacy of a person and his near relations.

This method of utilizing DNA to assist in crime fighting is called familial DNA searches. Dempsey and Forst highlight that Familial searches are based on the assumption that close relatives of criminals are more likely than others to break the law (501). This categorization of relatives to a criminal lead to the invasion of their privacy for unsubstantiated reasons.

Discussion

Most of the fears that arise from DNA analysis are with regard to the privacy protection of the databanks which house the DNA. While in some cases these fears are justified, a leading figure in DNA fingerprinting in the USA declares that DNA databases are more highly regulated and protected than any other kind of databanks in the world (Rosen 42).

While there is always the risk that unscrupulous people might retrieve a persons DNA report and use it for malicious purposes, the probability of this happening are marginal and as such should not be used to shoot down this very effective method of fighting crime.

Another issue raised by opponents of DNA analysis is that it results in the taking of DNA from innocent people. This is an inevitable reality in any investigative process for as Dempsey and Forst asset, investigations always yield talking to and suspecting people who turn out not to be guilty (501). All police investigation efforts lead to the investigation of many suspects and persons of interest and it is unavoidable that most of these suspects will be innocent.

Conclusion

The survival of any civilization hinges on the establishment of laws and codes of conduct and the subsequent obeying of the same by the societys members. Crime therefore threatens our civilization since it results in a disregard for this law and codes of conduct. It is therefore a matter of uttermost importance to ensure that crime is curbed through all available means.

This paper set out to demonstrate that DNA analysis offers a versatile tool for fighting crime and therefore ensuring the success of our civilization. As has been demonstrated in this paper, DNA can both implicate and eliminate a suspect from a crime. This makes DNA analysis a powerful tool that should be exploited even further so as to ensure that the justice system works effectively for the good of the entire society.

Works Cited

Ashcroft, John Daniels, Deborah and & Hart, Serah. Using DNA to Solve Cold Cases. National Institute of Justice, 2002.

Dempsey, John and Forst, Linda. An Introduction to Policing. Cengage Learning, 2009.

Polonsky, Sasha. Banking on Law Enforcement: Advocating a New Balancing Test for DNA Storage After. Washington University Law Quarterly. Vol. 83, 2005.

Rosen, Christine. Liberty, Privacy, and DNA Databases. The New Atlantis, A Journal of Technology & Society, 37, 2003.

Staley, Kristina. The Police National DNA Database: Balancing Crime Detection, Human Rights and Privacy. Derbyshire: The Mill House, 2005. Print.

Forensic Science Information

Scientists use DNA to create an individuals profile using samples from the individual. The sample could be bone, body tissue, hair, blood, or excretions. During criminal investigations there is need to obtain samples from the crime scene so that DNA can be extracted and compared to that of suspects or from a database (Siege & Houck, 2010).

If a sample profile created from evidence from a crime scene does not match that of a suspect, then the person was not at the crime scene or was careful enough not to leave their DNA at the crime scene. If they match then the person did contribute their DNA at the crime scene.

Although there exists the possibility of different people having the same DNA profile under a particular probe set, the chances of this happening are very small. Scientiest and crime experts agree that DNA forensic technology gives more reliable evidence than accounts given by witnesses (Saferstein, 2010).

Describe the difference between nuclear and mitochondrial DNA

The Nuclear DNA is the DNA that a person will inherit from both his parents. This is not a duplicate of either parent DNA, but is a mixture of both. Some chromosomes from the offspring may be closer to the fathers chromosomes than chromosomes of the mother and vice versa.

Mitochondrial DNA is the DNA that will be contained, as the name suggests, in the mitochondria. The mitochondrial DNA is transferred directly from the mother to the offspring and in this case, there is no DNA of the father present here. The Mitochondrial DNA does not change or get mixed up from generation to generation. It is an exact replica unlike the nuclear DNA (Turvey & Chisum, 2011).

What types of evidence might be analyzed for nuclear DNA from crime scenes

After the evidence has been collected from a crime scene for example a blood sample, it is taken to the lab where a DNA analysis is carried out. During the nuclear DNA analysis, the STR (Short Tandem Repeat) analysis is carried out to establish and distinguish DNA profiles of individuals.

The nuclear DNA analysis is helpful in solving cases that involve former convicted offenders, missing persons and cases that were unsolved and the nuclear DNA was carried out, but no match has been found to the profile. The FBI uses the STR to feed information to CODIS, a program that is used to house the database of DNA from crime scenes and suspects (Turvey & Chisum, 2011).

What types of evidence might be analyzed for Mitochondrial DNA?

Mitochondrial DNA analysis is done to examine the DNA from the evidence collected from the crime scene. Unlike the nuclear DNA analysis, the mitochondrial DNA analysis can be carried out on samples collected that do not have a nucleus such as teeth, bones, nails, and hairs.

The mitochondrial DNA (mtDNA) analysis can also be used to solve cases that go unsolved for years. When a body in a crime scene is un identified, the mtDNA of the body can be used to look for a maternal relative, therefore this method of analyzing the DNA is very helpful in solving missing persons cases (Harris,& Lee, 2000).

Definition of terms

Narcotics

These are drugs that are going to belong to the opiate family. The drugs are extracted from the seedpods of the plant (opium poppy) or can be prepared in the laboratory. Examples of these drugs include cocaine. The drug will reduce any opain experienced and will make the user feel very happy( Potter & Litman ,2010).

Hallucinogens

These drugs are going to mess the mind of the users. Users begin to see, feel, and hear things that are not real. The drugs are addictive and include LSD, certain mushrooms, and cactus juice (Kennedy & Khan, 2008).

Depressants

These substances are going to slow down the functions of the body. They mainly affect the central nervous system. These drugs include alcohol, marijuana and some prescription pills.

Stimulants

These are the drugs that are going to improve either the mental capability or physical capability or both of a person using the drug. They cause enhanced alertness as well as wakefulness. Drugs in this category include nicotine, caffeine and amphetamines (Kennedy & Khan, 2008).

References

Harris, H. A & Lee, H. C. (2000). Physical evidence in forensic science. Tucson : Lawyers & Judges Pub. Co.

Kennedy, T. J. & Khan, J. (2008). Basic Principles of Forensic Chemistry. London : Springer distributo

Potter, G. W. & Litman M. D. (2010). Drugs in Society: Causes, Concepts and Control. Cincinnati : Anderson Publishing.

Saferstein, R. (2010). Criminalistics: An Introduction to Forensic Science. Upper Saddle River, NJ : Prentice Hall.

Siege, J. A. & Houck, M. M. (2010). Fundamentals of Forensic Science. Burlington, MA : Academic Press

Turvey, B. E. & Chisum, W. J. (2011). Crime Reconstruction . Burlington, MA : Academic Press.

The US legislation has historically developed a system of criminal prevention of crimes committed on the grounds of ethnic, national and religious enmity. Awareness of the high public danger of these acts gradually led national legislators to introduce criminal liability. The category of hate crimes includes any criminally punishable act committed against an individual. It is motivated by hatred because of their race, skin color, ethnic origin or nationality, religion, gender, age, sexual orientation or disability. Hatred of ones brother is forbidden in both the Old and New Testaments. Thus, this intensification of hate crimes is an appropriate exercise of the jurisdiction of the civil Government in accordance with the biblical worldview.

Jesus spoke out against hate crimes, and we should also speak out against them. The criminal legislation already contains such commandments as Do not kill, Do not steal, and jurisdiction should also be issued regarding love for ones neighbor. This is due to the fact that this commandment is the basis of Christian morality (Gover et al., 2020). All the commandments of the Old and New Testaments are reduced to two commandments: love for God and ones neighbors.

The first four commandments of the Old Testament are the commandments about the love of God, and the next six are about the love of ones neighbors. (Exodus 20:1-17). Likewise, the commandments given by the Lord Jesus Christ in the New Testament in the Gospel are also dedicated to the love of God and neighbors. Love for God consists in the fulfillment of His commandments. Whoever has my commandments and keeps them, he loves me; but whoever loves me will be loved by my Father; and I will love him and appear to him Myself. (John 14:21). This love is sacrificial, and consists in fulfilling the commandments of God, faithfulness to Him.

Those who love the Lord are ready to sacrifice their time, some of their interests, and even their lives for Him: for your mercy is better than life. (Psalm 62:4). People should also sacrifice their principles, such as hatred of other races, gender and individual characteristics. It is clearly written in the Bible that racial, national or religious hatred or enmity, as well as hatred or enmity against any social group is wrong. They completely contradict Gods command to love our neighbors, His unconditional love and the teachings of Jesus. All forms of hate crimes go against the principles of the Bible about love and compassion.

It is written in the Bible that God created all the nations from one person so that they would settle all over the earth. God marked the times assigned to them and the boundaries of their lands. The Bible says that there are many different nations and ethnic groups. Some of them are mentioned in it: these are Arabs, Cretans, Egyptians, Ethiopians, Israelis and Romans (Ben & Silvestri, 2020). In the Old Testament, the Israelites are called the chosen people, because God founded a new nation through Abraham. The chosen people were invited to follow Him not only in action, but also in heart. The Jews were given faith in a God who loves and cares for them.

Despite the fact that the Israelites were a chosen people, God extended His love and care not only to them, but to every nation. Jonah, by the command of God, was to visit Nineveh and preach there, saving people from destruction. The Old Testament provides examples of non-Jewish converts. For example, Ruth and Zipporah followed God. God has opened his arms to the whole world.

One day Jesus approached a Samaritan woman standing by a well. The woman knew that Jews treat Samaritans as second-class people. She was surprised that Jesus asked her for water. He, a Jew, spoke to her and showed mercy. Jesus told the poor woman that he was the Messiah. He invited the Samaritan woman to eternal life. This proves once again that Jesus was against hate (Pezzella et al., 2019). He never judged people by their appearance, not putting one person over another, and loved everyone equally.

In Revelation it can be seen how God completes history, leading humanity into eternity. People of all nations, races, skin colors, social and political groups will worship God in Heaven, standing together as brothers and sisters in Christ. God loves every nation and every individual. The Holy Scriptures say that hatred cannot be combined with Christianity. Therefore, it is necessary to prohibit such a sin as crimes based on hatred, as a particularly grave violation of the law.

The practice of applying hate crime legislation in the United States is based on the idea that such legislation is designed to protect the rights of all social groups. However, some members of society have historically been the most vulnerable to discrimination and harassment. The Israelites, who had special privileges, had a special responsibility of applying the law of God. Therefore, members of the secular community need to take care of their neighbors, who are often subjected to oppression. Caring for others, including in the form of a legislative guarantee of their rights, will be the highest manifestation of Christian love.

References

Ben, C., & Silvestri, M. (2020). The role of (in)visibility in hate crime targeting transgender people. Criminology & Criminal Justice, 4(7), 1-13.

Gover, A. R., Harper, S. B., & Langton, L. (2020). Anti-Asian hate crime during the Covid-19 pandemic: exploring the reproduction of inequality. American Journal of Criminal Justice, 45(9), 647-667.

KJV Holy Bible (2022). New York, NY: Christian Art Publishers.

Pezzella, F. Z., Fetzer, M. D., & Keller, T. (2019). The dark figure of hate crime underreporting. American Behavioral Scientist, 15(2), 30-49.

The Bible allows the civil government to reward good deeds and punish wicked actions, as long as it does not impinge on Gods mandates. According to the Bible, everyone who resists authority is revolting against what God has established, and those who do so will bring punishment on themselves. Based on the biblical worldview, it is an appropriate activity of the civil administrations authority to increase prison terms for lawbreakers who overtly perpetrate because of discrimination for the victims sex, race, or religion. Consequently, this is so because the administrations authority, according to the Bible, includes punishing evil behavior and safeguarding the publics health and safety. Therefore, hate crimes include immoral conduct and a risk to the wellbeing of the general populace, and the courts are without a doubt vested with the jurisdiction to decide how the perpetrators of these offenses should be punished.

In this context, hate crime refers to any illegal wrongdoing committed against a person because of that individuals actual or imagined affiliation with behavioral qualities safeguarded under civil rights legislation. In addition, according to the Federal Bureau of Investigation, a hate crime is a felony act against people or entity that was inspired wholly or partially part by an offenders prejudices against a race, religion, disability, ethnic origin, or gender identity. This definition applies to crimes committed against people. Deliberately attacking someone or property based on the characteristics above thus they may lead to rioting, dehumanization, and even genocide in some instances.

Furthermore, the Bibles account of the Good Samaritan is a parable illustrating how people need to love their neighbors as they love themselves. Luke 10:25-37 makes it clear that love the Lord your God with all your heart, and with all your soul, and with all your mind, and the second command is love your neighbor as yourself. When others want assistance, such as the traveler battered on the road by thieves, the love for neighbors is tested. Jesus advises Believers to emulate the Good Samaritan and not the Priest and Levite as the former helped the needy, unlike the latter. In contrast, Proverbs 23:13 states that discipline should not be withheld from a kid since punishing them with the rod would not kill them. In other words, if the authority does not punish lawbreakers, the citizens will get accustomed to breaking laws.

Moreover, the Bible exacerbates in Micah 6:8 that he has told you, O man, what is good; and what the Lord requires of you but to do justice, love kindness, and walk humbly with your God. Throughout the brief history of the United States, the Bibles teachings have been demeaned. For instance, in the 1950s, families would bring their children to see the racial violence against African Americans. It served as brainwashing, reinforcing that African Americans were inferior to other races. During the middle of the nineteenth century, there were numerous public executions in different states in the U.S.; therefore, the U.S. government must take additional precautions to guarantee fairness and avoid hate crime situations.

Previous legislation sought but failed, to broaden the scope of hate crime statutes. The Hate Crimes Sentencing Enhancement Act (1994) and the Hate Crimes Prevention Act (2009) provided federal assistance and technical assistance to state, municipal, and tribal governments to help them investigate, punish, and prevent hate crimes. In addition to the federal government, several states have implemented comparable legislation, such as the Wisconsin Hate Crimes Act. This legislation altered Wisconsin state law such that hate crimes that would have previously ended in a felony charge are now punishable by up to one year in county prison and a $10,000 fine. Hate crimes that were once classed as Class A misdemeanors are punishable by up to two years in jail and a $10,000 fine. Further, for hate crimes that would have been categorized as felonies, the maximum punishment may be raised by more than five thousand dollars, and the maximum prison sentence can be extended by five years.

U.S. courts have affirmed sentences under which higher punishments for offenses driven by racism were permitted in the past. In 1993, in Wisconsin v. Mitchell, the Supreme Court of Wisconsin ruled that it is permissible to consider intent when sentencing an indicted plaintiff; hate crime advancements are consistent with federal anti-discrimination rules that forbid discrimination based on sex, color, race, religion, or national origin; and the state can single out bias-motivated crimes for special punishment. Nonetheless, the damaging effect on communities and families and hate crimes are the primary concern of the FBIs Civil Rights program. Statistics indicate that religiously inspired hate crimes in Wisconsin increased in 2022, significantly indicating 43 %. Prior to 2022, most hate crimes in Wisconsin were inspired by racial prejudice. Whether the hate emanates from the victims skin color or the religion they choose to follow, tolerance for the growing number of hate crimes is not an option.

The State of Wisconsins augmentation of punishments for offenders who commit crimes out of hatred for the victims sex, race, or religion is a reasonable use of the civil governments authority since hate crimes affect Americans safety and everyday lives. Hate crimes are on the rise in America and have caused tragic events. According to the Bible, the U.S. governments mission is to protect its people, which it is doing by increasing hate crime punishments.

Bibliography

Craig S. Keener, NKJV, Cultural Backgrounds Study Bible: Bringing To Life the Ancient World of Scripture (1st ed. 2016).

Federal Bureau of Investigation, Seeking victims of hate crimes. Federal Bureau of Investigation. Web.

Halley Sutton, FBI releases report on increased hate crimes, 13 Campus Security Report. 9 (2017).

Larry Ray, Violence and Society (2nd ed. 2018).

Ryan D. King, Hate Crimes: Perspectives on Offending and the Law, Handbooks of Sociology and Social Research. 43 (2019).

The development of criminal triads and cartels in the Asian countries contributes significantly to transnational criminal activities because these criminal organizations often have the loose structure, and they are decentralized. The 14K is one of the most influential triads in the world which operates in Hong Kong and internationally during more than 60 years (Smith, Zhang, & Barberet, 2011, p. 231). It is possible to state that the sub-branches of the triad are presented in the majority of countries where the Chinese communities are significant. Being one of the largest transnational criminal organizations globally, the 14K does not depend on the strict structure, operates according to the principles of secrecy, and it is rather difficult to bring the organization to justice as the influential triad.

The 14Ks History, Structure, and Operations

The 14K was founded by Lieutenant-General Kot Siu-wong in 1947 as the military association to support the activities of the Nationalist Party which developed in Guangdong province. Thus, the association was political in its character, and it included more than 300,000 participants in the 1950s. The Nationalist Party did not succeed on the political arena of the country, and the military association as the underground organization of a political character degenerated into one of the most influential criminal organizations in the world (Bolton & Hutton, 2000, p. 80).

First, the triad was named as the 14 Association, and then the organization adopted the suffix K. This was derived from the symbol for karat gold which is harder and stronger than the soft local type of gold (Bolton & Hutton, 2000, p. 82). More than 300,000 participants of the triad belonged to different sub-branches which followed different development paths. Thus, several sub-branches remained to be focused on the political issues when the majority of groups became focused mainly on criminal activities.

The 14K is characterized by the decentralized and flexible structure because the triad includes several criminal gangs performing different activities and operating globally. The 14K gangs are presented in the United Kingdom, Holland, the USA, Canada, and in Australia. In Canada, the 14K gangs are most organized, and they are inclined to follow the traditional rank system (Shanty & Mishra, 2008, p. 466). The absence of strict discipline and rules for the activities of sub-branches contributes to enhancing the criminal power of the gangs which declare rules independently. As a result, it is rather difficult to determine the leaders of the sub-branches to bring them to justice. Today, 15 subgroups operate in Hong Kong and globally, but the concrete number of criminal gangs is unknown to the police in Hong Kong and in the countries with the large Chinese communities (Shanty & Mishra, 2008, p. 466). The operations of different subgroups belonging to the 14K mostly include drug-trafficking activities, illegal trade, prostitution, and gambling.

The Role of the Transnational Structure of the 14K and the Organizations Sources and Customers

The other organizations activities are also dependent upon the transnational structure of the 14K. Thus, the most influential sub-branches of the triad chose to monopolize the drug-trafficking business not only in Hong Kong but also in the other countries. The drug-trafficking business depends on the constant transnational financial operations, and the presence of the subgroups in many countries of the world contributes significantly to the progress of the triad. Furthermore, during the 1990s-2000s, the leaders of the triads sub-branches invested actively in the European and United States legitimate businesses in order to increase the impact of the triad and contribute to the sub-groups local power and importance (Lyman, 2010, p. 312). It is important to note that the 14K sub-groups are the affiliated organizations. These organizations are not the extensions of the Hong Kongs gangs, and this fact contributes to making the triad more powerful because of attracting more independent resources to support the organization.

The organizations primary sources to develop the illegal activities are associated with the gangs resources. Today, the 14K is not sponsored by politicians or any political organizations. The sub-groups are developed as a result of their illegal activities which are rather profitable. Drug-trafficking and gambling businesses involve the significant financial resources, and the progress of the triad depends on the transnational flow of these finances between different independent sub-groups as the members of the triad. The decentralized character of the triad allows the significant flexibility in relation to organizing the illegal activities as the part of the secret transnational operations. The customers of drug-trafficking and gambling businesses are often persons who are associated with the criminal world (Lyman, 2010, p. 312). However, there are situations when other people are also involved in gangs activities as victims of the illegal operations.

How the State Corruption Can Enable the Organization

The development and success of the 14K is not associated with the significant states corruption because of the attempts of the Independent Commission against Corruption in Hong Kong. The Independent Commission against Corruption is the powerful law agency which is established to predict and control the expansion of corruption in the city (Smith, Zhang, & Barberet, 2011, p. 231). If corruption in Hong Kong and China is under the governments control, the situations in the other countries where the 14K operates are different, and this fact means that illegal transnational operations become the everyday reality because of the inability of states to control the progress of the organized crime.

However, in some cases, the development of the 14K is associated with the states corruption directly, and more attention should be paid to the progress of the uncontrolled drug-trafficking and gambling businesses which develop in Hong Kong in spite of their illegal character. The possibility to realize the transnational operations contributes to the increase of these businesses significantly because of breaking the barriers for the organized crime globally.

International Attempts to Confront the Organization

While speaking about the international attempts to confront the organization and to bring the 14K to justice, it is necessary to state that the international law enforcement agencies failed to confront the triad because of its secret character and because of the fact that it was possible to cope only with separate sub-groups, but not with the whole triad. The specific character of the triads organization means that different sub-branches located globally can perform different activities and discuss themselves as the sub-groups belonging to the 14K.

This situation provides these criminal gangs with the opportunity to receive the help from the criminal organizations belonging to the triad and to realize the significant illegal transnational operations (Smith, Zhang, & Barberet, 2011, p. 230). It is rather difficult for the global law enforcement agencies to control the transnational activities of the gangs, but the progress of the technologies to facilitate the international communication contributed not only to the development of illegal activities but also to the improvement of the law enforcement agencies approaches to coping with the illegal businesses.

In spite of the fact that the 14K is the third largest triad in the world, its activities are controlled with references to the Hong Kong laws on having and distributing firearms and with references to the modern computer technologies to identify the members of the groups and their locations. To prevent the development of the triads illegal businesses, the Hong Kong Police acts in cooperation with the Mainland Chinese Police (Smith, Zhang, & Barberet, 2011, p. 231).

Referring to the transnational operations and international activities of the triads groups, it is necessary to note that international law enforcement agencies are rather effective to cope with the cases associated with the gambling business in such countries as the United States, Canada, and Australia. The international agencies are rather successful to identify and arrest the leaders of the gambling business in the mentioned countries because they belong to the 14K, but it is rather difficult to bring all the sub-groups of the 14K to justice as a result of the international agencies efforts.

Conclusion

Today, the international investigation and law enforcement agencies are rather ineffective to prevent and control the activities of the triads because of their transnational character, decentralized structure, and followed principles of secrecy. Being one of the largest and influential triads in the world, the 14K realizes the illegal operations during more than 60 years. This fact supports the idea that the organized crime develops globally, and its transnational character can be discussed as the threat to the global community because of the scope of the illegal activities performed by criminal organizations in the world. Referring to the example of the 14K, it is important to note that the realized actions are not enough to solve the problem of the organized crime globally.

References

Bolton, K., & Hutton, C. (2000). Triad societies: Triad societies in Hong Kong. USA: Taylor & Francis.

Lyman, M. (2010). Drugs in society: Causes, concepts and control. USA: Elsevier.

Shanty, F., & Mishra, P. (2008). Organized crime: From trafficking to terrorism. USA: ABC-CLIO.

Smith, C., Zhang, S., & Barberet, R. (2011). Routledge handbook of criminology. USA: Routledge.

General introduction into the topic/Thesis

The history of the formation of the principles and norms of international law, applicable in armed conflicts, shows that it took thousands of years for the legal provisions in question to attain the status of being universally recognised. After all, it now represents a well-established fact that people have been striving to ensure that wars are waged in the most ethically sound manner since the time of antiquity. In this regard, one can mention the ancient legal manuscript Manusmriti (written around 1200 BC), which contained provisions against shooting poisonous arrows at the enemy. The Book of Deuteronomy (in the Old Testament) also insisted that during the war, the conflicting parties should refrain from killing women and children.

Throughout the Middle Ages, it used to account for a commonplace assumption amongst monarchs that there can be no excuse for poisoning welds and demolishing churches as a part of waging a war. Nevertheless, it was namely the signing of the Peace of Westphalia in 1648 that created the objective preconditions for the term war crime to attain a legal sounding through the centuries to come. The reason for this is apparent: the concerned development made possible the eventual conceptualisation of the term international law as we know it.

Thus, it will be appropriate to suggest that the discursive significance of the notions war crime and crime against humanity should be discussed in conjunction with what accounts for the overall principles of historical progress. This coursework will explore the validity of the above-stated at length while promoting the idea that the main prerequisite for reducing the number of war crimes that continue to take place in the world is ensuring the functional practicality of international law, as the guiding principle of international relations (IR).

Issues

The last few decades saw the establishment of a number of international judicial entities on the mission of persecuting the perpetrators of war crimes. Among the most notable of the judicial entities in question are commonly listed the International Criminal Tribunal for former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR), and International Criminal Court (ICC). This, however, did not seem to make the perpetration of war crimes any less of a commonplace occurrence.

Such a situation may seem illogical, but a deeper analysis of the issue will reveal that the very specifics of the geopolitical climate on the planet, as well as the realities of Globalisation, undermine the effectiveness of the mentioned bodies functioning to a considerable extent. In this regard, one will need to mention the rise of non-state actors as the quasi-legitimate entities within IR, the ongoing privatisation of the public domain in the West, and the gradual delegitimation of the very concept international law.

What contributes to the problem, even more, is that the current confrontation between the collective West, on the one hand, and Russia and China, on the other, renders obsolete even the basic assumptions about the nature of IR that used to be deemed thoroughly legitimate 15-20 years ago. However, it was namely throughout the late 1990s and early 2000s that the UN Security Council has come up with the bulk of its legal initiatives, meant to ensure the swift and effective persecution of war criminals.

As a result, more and more people around the world begin to experience a certain doubt about whether the concerned judicial bodies are as impartial as their spokesmen claim. Evidently enough, this cannot have any other but a strongly negative effect on the cause of preventing war crimes from taking place in the future. Therefore, there is indeed an objective necessity to conduct a further research on the contemporary peculiarities of how the international community defines war crimes/crimes against humanity and what kind of influencing forces are at play in this regard.

Structure

The following outlines the proposed structural approach to analysing the subject matter in question. Chapter One will discuss at length the legal implications of the term war crime and outline the socio-political preconditions behind the terms incorporation into the procedural framework of international law. Chapter Two will be dedicated to the discussion of what sets apart the concepts of war crime and crime against humanity, in the legal sense of this word. This specific Chapter will also examine the effects of the current geopolitical situation in the world on the enactment and enforcement of different war crime-prevention legislations.

Chapter Three will examine the qualitative aspects of how the earlier mentioned judicial establishments (as well as others) go about persecuting war criminals and expound on the outcomes of the most notable trials that have taken place under the auspices of international military tribunals (IMTs) in the past. The concluding Chapter will be concerned with the discussion of what undermines the practical effectiveness of the way in which the international community persecutes war criminals and the authors summative remarks about what accounts for the overall significance of the acquired insights into the topic.

War crimes under the contemporary international law

The contemporary international law, with respect to war crimes and international crimes, is reflective of the Articles 6, 7, 8 and 21 of the Rome Statute of the International Criminal Court (adopted in 1998). The ICC is much different from the ad hoc international tribunals of the past in the sense that it has been established on a permanent basis with the sphere of the Courts legal jurisdiction not being geographically limited. As Knoops noted:

The ICC is created on the basis of a complex and detailed treaty granting it the power to try and punish the most serious violations of international humanitarian law and human rights law, in the event domestic criminal law systems are not able to prosecute or fail to do so.

In its turn, the Rome Statute was brought into existence as a logical outcome of the term war crime having undergone a certain transformation since the end of the WW2. In this regard, one must mention the 1945 Charter of the International Military Tribunal (IMT), the 1946 Resolutions 3 and 95 of the General Assembly of the United Nations, the main provisions of the 1949 Geneva Convention, and the 1968 Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity.

In the broadest sense of this word, a war crime is understood to be resulting from the grave breach of the rules of conducting an ethically sound warfare, specified by the 1907 Hague Convention, 1949 Geneva Convention and the 1949 Geneva Conventions Protocols I, II, and III. Nevertheless, there are three basic preconditions for such a breach to be consistent with how the mentioned primary sources define a war crime. According to the Elements of Crime (EOC) index (an integral part of the Rome Statute), the persecution must prove beyond any reasonable doubt that the defendant deliberately participated in committing a particular crime that he or she is being accused of.

It must also be proven that the defendant has been fully aware of what was going to account for the actual consequences of his or her conduct, This would describe the situation where it was the accuseds aim or objective to cause the result& a person is taken to intend a consequence when he or she is aware that it will occur in the ordinary course of events. Moreover, the accused must also be proven mentally adequate so stand a trial in the first place. At the time, the EOC stresses out that the perpetrators eligibility to be tried by the ICC is irrespective of whether he or she has been aware of the actual nature (international or non-international) of the armed conflict and of the accused individuals personal view on the conflicts origins and significance.

Primary sources

As it was implied earlier, it is specifically the Rome Statute of 1998 (Articles 6, 7 and 8) that provides the most up-to-date classification of war crimes. As of the year 2009, there have been fifty war crimes listed and described at length throughout the mentioned Articles. The foremost requirement for a crime to be assessed within the definitive framework of the EOC is that its perpetration has taken place as a part of an armed conflict, regardless of the international or non-international nature of the latter. The legal document in question does not only contain the detailed descriptions of each of the listed crimes, but it also specifies what should be considered circumstantial evidence of these crimes having been perpetrated:

The Elements of Crimes shall assist the Court in the interpretation and application of Arts. 6, 7, and 8& The EOC will guide the future judges and will therefore be of crucial importance for the work of the ICC in the interpretation of the provisions on crimes. The actual list of war crimes (specified by both the Rome Statute and EOC) is rather extensive. Nevertheless, it is still possible to classify the contained listings as such that belong to the following discursive categories:

Crimes committed against individuals that do not take an active part in armed hostilities

These war crimes have traditionally accounted for the most commonplace ones. Prisoners of war and civilians (including women and children) are particularly likely to fall victims in this regard. Such crimes are commonly discussed as such that represent grave breaches of the 1907 Hague Convention. They have been additionally specified by Article 6 of the Nuremberg Charter of 1945. These include murdering civilians en masse, subjecting them to an unnecessarily cruel treatment, conducting biological experiments on war prisoners/civilians, and destroying civilian infrastructural objects and/or using them for military purposes.

One can also be charged with having perpetrated a war crime by committing the acts that subject civilians to starvation (as a warfare method) and deprive them of the items necessary for survival. This includes creating obstacles to the provision of assistance by a third party.

Being primarily concerned with the killing of the wounded and sick prisoners of war, the crime of wilful killing (Article 8(2)(a)(i) of the Rome Statute) is perfectly illustrative as a classical war crime. Within the Statutes legal framework, the word killing is usually interpreted as such that denotes causing death. This, in turn, presupposes that this particular crime can be committed by omission. The same applies to other notable crimes within the category, such as forcing civilians to perform military duties with a hostile army, ordering them to be deported, seizing their property, and denying the right of a fair trial to those arrested under martial law.

Crimes against enemy combatants or civilians, committed by mean of resorting to the prohibited methods of warfare

The latter include the deployment of poison and poisoned weapons that may cause unnecessary suffering in victims, as well as the deployment of chemical and biological ordnances. A war crime is also considered to be the use (even if limited) of the specific types of conventional weapons that cause excessive/indiscriminate damage, such as cluster bombs, and the use of anti-personnel mines disguised as household items. In this respect, one should also mention launching an indiscriminate attack that is likely to affect civilians/civilian objects, as well as attacking military installations or structures when it is known that such an attack will result in causing the excessive loss of lives and/or damaging the civilian infrastructure in the immediate vicinity.

Crimes concerned with attacking persons, organisations and objects that enjoy special protection under international law

In this respect, a crime is considered the act of deliberately striking personnel, facilities, materials, units or vehicles involved in the provision of humanitarian assistance or on a peacekeeping mission, in accordance with the UN Charter. The category in question also encompasses the crimes of attacking churches, educational institutions and hospitals, and destroying historical monuments. Those who situate military installations in the civilian areas are to be charged with committing a war crime as well.

As the Article 8(2)(b)(xxiii) of the Rome Statute refers to it, The perpetrator moved or otherwise took advantage of the location of one or more civilians or other persons protected under the international law of armed conflict in order to fulfil the actus reus of the offence. Some of the Statutes signatories (such as France) have declared that carrying out military missions, on their part, will take place irrespectively on the presence of any human shields in the vicinity of the targeted installation.

It is also possible to classify war crimes in a more conventional manner. That is, in conjunction with what accounts for their formal subtleties and the legal history of their enactment under the auspices of the Rome Statute. There will still be three distinct categories to such a classification. They can be formulated as follows: grave breaches (Articles 8(1)  8(2)(a)(viii)), offences in international conflicts (Articles 8(2)(b)  8(2)(b)(xxvi)), and offences in non-international conflicts (Articles 8(2)(c)  8(2)(e)(xii)). Among the above-outlined categories, the one concerned with offences in international conflicts is the most extensive.

Nuremberg/Tokyo Trials and their significance

The modern history of bringing to justice the perpetrators of war crimes dates back to the end of the WW2 when the world became aware of the sheer scale of atrocities, committed by the Axis powers. After all, it was this particular development that has led to the commencement of both the Nuremberg and Tokyo Trials on an ad hoc basis in 1945 and 1946 respectively: the first International Military Tribunals (IMTs) in history.

The Nuremberg trial lasted through the years 1945-1946. The tried defendants accounted for the 24 high-ranking members of Nazi Germanys government, out of which 19 have been found guilty of committing various war crimes as well as the crimes against humanity. They have consequently been sentenced to death by hanging in 1946. One of the defendants (German Goring) managed to commit a suicide just prior to his scheduled execution.

The Nuremberg trial is noteworthy for having incorporated the so-called Nuremberg principles into the very core of international law as we know it today:

• (i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;
• (ii) Participation in a common plan or conspiracy for the accomplishment of the acts mentioned under (i).

Because of this development, countries are now being deterred from declaring a full-scale aggressive war on each other, as the most effective instrument of advancing their geopolitical agendas. The Nuremberg Trial also stands out, in the sense of having legitimised the principle of control responsibility, within the context of how war crimes are being masterminded and carried out.

Having been initiated by the International Military Tribunal for the Far East (IMTFE), the Tokyo Trial lasted through the years 1946-1948. All of the tried defendants (9 Japanese politicians and 18 military leaders) have been declared guilty and sentenced to death/lengthy terms and jail. It needs to be noted that, despite having taken an active part in the planning of Japans attack on Pearl Harbour in 1941, Emperor Hirohito has been declared immune to any possible accusations under the auspices of the IMTFE.

The Tokyo Trial did contribute rather substantially towards the development of international law, with respect to war crimes. Specifically, it helped to bring more legal clarity into how the provisions of the Geneva Conventions apply to the deployment of technologically innovative weapons, as a part of an international armed conflict.

The main criticism of the Nuremberg and Tokyo Trials has always been reflective of the assumption that, contrary to what the concept of impartial law stands for, both legal proceedings resulted in causing the notion of international justice to convey the message of victors justice, when only one side to the conflict is being prosecuted (the losers), while the other side (the victors) evades prosecution, despite the fact that both sides to the conflict allegedly committed international crimes.

In this regard, one can mention the fact that as soon as the main defendant at the Nuremberg Trial (German Goring) began to succeed in exposing judges hypocrisy, he was forbidden to make any more public statements in his defence. The same applies to the Tokyo Trial as well: after having incinerated close to 500.000 civilians in the cities of Hiroshima and Nagasaki by subjecting them to a nuclear bombing, the Americans did not have much of a moral right to accuse the Japanese of having committed war crimes, in the first place.

Nevertheless, it is indeed appropriate to refer to the legacy of both the Nuremberg and Tokyo Trials as such that even today defines the workings of international law to a considerable extent. That reason for this is apparent: the concerned developments created a legal precedent for the principle of jurisdictional extraterritoriality to define the discursive aspects of the IMTs functioning up until today. In this regard, the ICC stands out exemplary, Under primacy, the state may lack an incentive to investigate or prosecute its officers and even if it does investigate or prosecute, the ICC will still be able to assume jurisdiction. Moreover, the operational efficiency of the ICC appears to be hampered by essentially the same set of influencing factors as it used to be the case with IMTs of the past.

International crimes (e.g. crimes against humanity) and how they differ from war crimes

The first attempts to provide a legally binding definition of crime against humanity and incorporate it as a part of international law date back to the adoption of the 1907 Geneva Convention. Nevertheless, it was not up to the establishment of the Nuremberg Tribunal in 1945 that the concept in question attained a universally recognised legal sounding. According to the so-called Nuremberg Charter (introduced by the 1945 London Agreement), crimes against humanity account for, Murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war& whether or not in violation of the domestic law of the country where perpetrated.

The foremost prerequisite for a particular crime to be considered international is that it poses a grave danger to the well-being of humanity, as a whole. Probably the most definitive clue, in this regard, is the crimes global magnitude, as well as the objective indications that it has been premeditated/planned on a governmental level. The most infamous of all crimes against humanity has been the extermination of six million Jews by the Nazis during the WW2.

Another indication of a crime against humanity is that its perpetration resulted in the victimisation of civilians. The EOC document lists sixteen major crimes against humanity: extermination, enslavement, deportation or forcible transfer, imprisonment or other severe deprivation of physical liberty, torture, rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, sexual violence, persecution, enforced disappearance of persons, apartheid, and other inhumane acts.

According to the statutes of the Nuremberg and Tokyo Tribunals, one can be charged with committing a crime against humanity irrespectively of whether the persons actions violated the laws of the country (where the incident took place) or not, i.e. the criminalisation of the act is not required by national law. It may appear that the functioning of the ICC is not quite consistent with this particular provision, because the Courts main operational principle is that of legal complementarity, The

ICC applies a jurisdictional rule known as the rule of complementarity. Under this rule, the ICC may not prosecute a case that is prosecuted by a state. Nevertheless, the very fact that the ICC operates on a permanent basis endows it with an international legal personality. The validity of this suggestion can also be shown, regarding the self-assumed obligations of the Rome Statutes signatories to work on adjusting their national laws/legislations to be fully consistent with the Statutes Articles.

It should be borne in mind that crimes against humanity have many similar characteristics with war crimes, which often makes the task of distinguishing them from each other somewhat of a challenge. For example, a mass killing of prisoners can be simultaneously classified as being both a war crime (under the Article 8(2)(a)(i) of the Rome Statute) and a crime against humanity (under the Article 7(1)(a) of the Rome Statute). There are, however, at least three distinctive markers for each type of crime.

First, unlike what it is the case with the perpetration of war crimes, the perpetration of a particular crime against humanity can take place in the absence of a formally declared war. The Rwandan genocide of 1994 is perfectly illustrative in this respect. Second, crimes against humanity are systemic, in the sense of being well premeditated, with the element of logistics playing an important role in how perpetrators go about advancing their murderous agenda.

For example, the German Nazis would not be able to succeed in exterminating quite as many Jews, had they not ensured the efficient functioning of the countrys railway system up until the very end of the WW2. Third, for as long as the victims of a particular international are concerned, their eligibility for protection/compensation has nothing to do with the specifics of these peoples national affiliation. This suggestion correlates well with what was the actual rationale behind the legal conceptualisation of the term crime against humanity: to prevent the premeditated acts of genocide from occurring in the future.

It is important to understand that the concerned concept continues to undergo a qualitative transformation as time goes on. Over the course of the last few decades, the list of international crimes, recognised by the Rome Statutes signatories, has grown substantially. Hence, the comparatively recent addition of the crimes of forced pregnancy, enforced sterilisation, and sexual violence to the EOC index. In its turn, this points out to the fact that humanitys present stance on the most heinous and anti-social crimes of a global magnitude is strongly affected by the sociocultural discourse of post-modernity. Because of it, it will only be logical to expect that the concept of international crimes (crimes against humanity) will continue to attain even more discursive subtleties in the future.

Entities and bodies responsible for the prosecution of committed war crimes

The modern aspects of how the international community goes about prosecuting war criminals are defined by the establishment of the ICTY (in 1993), ICTR (in 1994), and the sub-sequential adoption of the Rome Statute by country-signatories (in 1998), which made possible the founding of the ICC in 2000.

The ICTY has the mandate of the UN Security Council (Resolution No. 827, adopted on May 25, 1993). In this way, it differs from the ICC, created by an international treaty. The ICTY is in charge of prosecuting war crimes that took place on the territory of Yugoslavia since the time when this country began to disintegrate in 1991. According to the Tribunals statute, its territorial jurisdiction is limited by what used to be Yugoslavias national borders (with the exemption of Slovenia).

The ICTY was created in accordance with the ad hoc principle. The same can be said about the ICTR. This institution was brought into existence by the UN Security Council Resolution No. 955 on November 8, 1994, with its main objective having been the prosecution of those responsible for perpetrating the infamous Rwandan genocide.

The ICC is much different from the earlier mentioned judicial entities, in the sense of being the first permanent international justice body (created on the basis of a treaty between states) that functions in accordance with the principle of judicial extraterritoriality (although limited). The ICC has the status of an independent international organisation and is not a part of the UN. It is located in Hague, Netherlands. As of April 2017, 123 countries worldwide have ratified the Rome Statute, 31 have signed but not ratified, and 41 have not signed at all. A number of countries object the very idea of the ICC, as such that presupposes non-actuality of the principle of national sovereignty. The USA is the most ardent of them.

The ICC is best seen as the last resort of international law, with regard to the prosecution of war criminals. It is only to initiate a criminal investigation into a war crime if this cannot be done on a national level. Unlike the ad hoc tribunals created by the United Nations for Yugoslavia and Rwanda, the ICC leaves to the state the primary responsibility to investigate and prosecute international/war crimes.

Among the most notable defendants that have been tried and found guilty by the ICTY and ICTR since the mid-1990s, can be named Radovan Karad~i, Ratko Mladi, Slobodan Miloaevi (Serbs), Ferdinand Nahimana, Jean Bosco Barayagwiza, and Hassan Ngeze (Rwandans). Even though the ICC has been functioning on a full-time basis since 2002, there is currently only one person on its list of inductees: Thomas Lubanga Dyilo (a Congolese citizen, responsible for recruiting children into the army).

Obstacles

In light of what has been said earlier, there can be little doubt that humanitys growing concern with war crimes/crimes against humanity has been predetermined by the objective principles of historical progress. At the same time, it would be wrong to assume that international law on war crimes/crimes against humanity will never cease becoming ever more extensive, as it has been doing since the mid-1990s until now.

One of the reasons for this is that as time goes on, more and more state-actors throughout the world refuse to recognise the legitimacy of the currently operating IMTs, especially that of the ICC. As it was pointed out earlier, the US Government paved the way in this respect, George W. Bush formally renounced any U.S. obligations to the court (ICC) when it began operating in 2002. Moreover, the US State Department is now claiming that America will criminally prosecute the ICC judges if they move to press any war crime charges against the US citizens.

To complicate the situation even further, Russia and China are now also refusing to cooperate with the ICC while regarding it (as well as the ICTY and ICTR) to be the instrument of Western imperialism. It must be noted that such a point of view on the actual significance of the judicial bodies in question is not altogether deprived of a certain rationale. After all, there is plenty of evidence as to the fact that the Western-led attacks on Yugoslavia in 1993, Iraq in 2003, and Libya in 2011, which resulted in the deaths of hundreds of thousands of civilians, constitute classical war crimes.

However, not even a single Western governmental official has been indicted for having given go ahead to these murderous attacks. Such a state of affairs, in this regard, could not have resulted in anything else but in undermining the discursive integrity of the very concept international justice.

The main driving force behind the described trend appears to be the gradual deterioration of international law as we know it, which in turn is reflective of the current dynamics in the domain of IR. The concerned term presupposes that the IR agents are willing to cooperate, within the context of how they address different challenges. Consequently, this implies that the former do not only enjoy full sovereignty, but also that the IR arena is essentially multipolar.

However, after the end of the Cold War, the collective West has found itself in the position of a unilateral arbiter of international relations. Hence, the formerly popular concept of a new world order, with the US being in charge of maintaining it. Moreover, during the last few decades, many Americas allies throughout the world have been deprived of their de facto sovereignty. Because international law presupposes the contractual essence of the relationship between countries, this naturally caused the concept of in question to be seen increasingly outdated in the US. There is no need for entering into such a relationship with the rest of international actors if their sovereignty is merely formal.

It is understood, however, that there can be no effective prosecution of war criminals for as long as the very term international law continues to become ever more legally irrelevant, with many of these criminals appearing to be immune. The situation with the former Prime Minister Tony Blair exemplifies the validity of this suggestion. Nevertheless, the ongoing geopolitical decline of the West implies that the outlined obstacles, in the way of ensuring the full viability of the mentioned justice bodies, will eventually be removed.

Conclusion

The acquired analytical insights into the subject matter suggest that there are two opposing forces at play, within the context of how the international community strives to reduce the incidents of war crimes that continue to take place across the world. On the one hand, more and more people grow increasingly aware of the acute danger that such crimes pose to humanitys well-being. Partially, this explains the ICCs recent initiatives for the inclusion of even more crimes in the EOC list.

On the other hand, however, the current state of international politics results in undermining the validity of the conventional outlook on what the concept of international law stands for, hence making the prosecution of war criminals ever more challenging. As of this point, it is impossible to provide a viable prediction for where the described problematic situation will lead to. After all, if the current worsening of the relationship between Russia/China and the US does result in triggering the outbreak of the WW3, it will endow the terms war crime and crime against humanity with a whole new meaning.

Nevertheless, there is good rationale to think of such a scenario as being rather unlikely, not the least due to the fact that, despite their operational ineffectiveness, the ICTY, ICTR and ICC (as well as others IMTs of the past) did contribute substantially into raising the public awareness about what constitute the objective preconditions for international crimes to be perpetrated, in the first place. This once again suggests that there was nothing incidental about how these justice bodies came into existence. The continuation of sociocultural progress on this planet depends heavily on whether humanity will be able eradicate war crimes as a part of warfare. This conclusion appears to be fully consistent with the papers initial thesis.

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Transnational crimes are the criminal activities that take place across borders as commonly used in law practice and educationally. It gives the implication of crimes that more than being international or cross border involve border exchange as the core of the crimes. They include human trafficking, smuggling of goods like armory and drugs, sex enslavement and terrorism. These crimes may be practiced by controlled crime groups that involve the organizing and execution of illegal trade activities by these groups or networks of persons working across borders. This type is referred to as transnational planned crime. These planned systems use systematized violent encounters and corruption to achieve their goals. These activities include money laundering, human smuggling, cyber crime, and trafficking of drugs, weaponry, in danger of extinction products, body parts or nuclear equipment. The negative impacts of these activities is that they weaken the economies and financial status of the countries involved, weaken democracy and reduce the peace and stability of countries worldwide as they may employ corruption, aggression and terror to achieve their objectives (Human Trafficking, 1993).

International legal and policing cooperation is the situation where national police agencies and theorists work cooperatively across national borders through forming specialist areas of policing like criminality, captive negotiations, murder investigation, canine treatment, communication transport and patrol through basic recruit training of personnel (Deflem 2002a).

The national borders are meant to separate the rule and jurisdiction of states. Often the borders are used by criminals as a way to avoid the consequences of offenses. This is because the rule of one nation does not extent beyond the borders thus making transnational crime more serious and prevalent. Transnational crime is further fueled by developments in transportation systems especially air, international tourism and business travel development. Other factors include Improvement of communication systems like satellite, fiber optic telephone and television transmission. (Anderson 1989) Another factor is the expansion of trade creating more intercontinental participation making interdependence a basic part of life. The increasing world population has resulted to more crowding, poverty and hunger that lead to more cross border movements. The effect of these factors is more people, more opportunities, and as a result more crime activities. The increased transnational crime can also be attributed to the more effective movement of people and information across borders, terrorism, theft, smuggling, currency and security breaches, computer crimes, drug trafficking and illegal immigration (Deflem 2002b).

This cooperative policing will seek to use governmental institutions like police, courts, and correctional agencies to address transnational crime through control of social violence that is a major aspect of these activities, protect the weak nations that are often taken advantage of by the planned international crime groups and seek further enforcement of societies rules and policies dealing with transnational crime. This makes international policing cooperation the way forward for the transnational crime situation (Deflem 2002c).

This cooperation will further seek to serve each societys standards and customs with regard to administration of justice, this makes the application of universal rule of law that would result to further confrontations less therefore making the cooperative policing more efficient as the way forward to this problem. This model will develop a multinational police force on behalf of the countries to avoid violation of international law and the member countrys sovereignty therefore a better way forward to approaching the problem. This cooperative policing will be based on the best negotiated agreements based on mutual respect, benefit and approval rather than economic or politically based coercion that further amounts to violation of the sovereignty and extralegal agreement. Secondly the model would achieve more reliability, success, and legality in the international relations that make this approach further worth working for (Jensen 1981).

Further the need for international policing is created by the demand for discovering, documenting and communication of basic working information about offenses. An example is what happened, when it happened, where it happened, describe suspected persons, give information on the situation of the crime like injuries and deaths among other necessary information. This information can only be provided by closely related or first sight personnel and this can only be achieved in the case of multinational policing where the immediate authorities give this information for the international proceeding of the case. The need for direct investigation like locating and apprehending of suspects, collection of proof data, identification and interrogation of witnesses and detention of suspects is best done at the crime area then the information and results are sent to the multinational authorities (Hsi-Heuy 1992).

The other reason that makes international policing the best approach to transnational crime is the demand for help in prosecution. An example is selection of witnesses and preparation for their appearance in court, preparing of investigative staff to testify in court and in the case of conviction provide the sentencing court with the required background information about the offender that is necessary in guiding the court ruling (Ed. Marenin 1996).

International policing can also be done through the sharing of law enforcement expertise, resources like personnel and equipment, Substitution of cultural information and thinking used in administration of law and justice and sharing of duty in facilitating law enforcement. This would further realize the sole role of controlling transnational crime, therefore a worthy to take measure as its much more efficient and successful as compared to the individual jurisdiction of each nations authority in dealing with this type of criminal activities (Ed.McDonald 1997).

International policing as an option will be supported by the development in communication modes and monitoring of crime activities. This can be done from a central location through the use of satellite communication, use of networks and the use of optical fiber communication that is very fast and efficient. This may involve the use of cameras covering the areas to be monitored therefore making it a better option in dealing with international crime through monitoring sensitive areas like borders among other areas where these criminal activities take place (Ed. Marenin 1996).

The development of the information sector both formal and informal provides information on monitoring of transnational crimes. This information is passed through crime based movies, publications and through education in that studies on criminology have developed to cover the area of transnational crime that provides the information necessary to make international policing operational. International policing is further aided by foreign language proficiency that makes the levels of communication and understanding in the international environment much more favorable. The heightened world awareness has increased cooperation among people making them more concerned with what is happening around the world; therefore people are taking personal concern for the outcome of international events. This further aids the level of operation and success of international policing by creating the need for control on transnational crime (Ed.McDonald, 1997).

Syncretising of leadership to be like that of athletic tutors where the principle of a common threat is applied therefore a common goal established to counter the common enemy. This brings about unification of nations and individual groups with an attempt to fight the undesired enemy. A good example is the worldwide fight against HIV/AIDS. This view is adopted in dealing with transnational crime in achieving the shared goal of socio-economic development. This further creates the preference for international policing towards realizing the common set goals (Eds. Anderson & Monica, 1994).

On the other hand the obstacles that deter the use of international policing as a solution to transnational crime include the harmonization and regularization of relations; here some nations in the pursuit of the same goal of ending the common enemy of transnational crime will seek to override the rule and sovereignty of weaker nations. In the process, they seek to exploit their economic resources among others for their selfish interests and not for the mutual benefit that is supposed to be the motive. This undermines the operation of international policing and creates tension that may further lead to it working inefficiently or not working at all. (Ed.McDonald, 1997). The problem of overcoming short and long-term enemity and rivalry that existed before the cooperation or during the cooperation poses another challenge to the success. The obstacle of compelling among other parties to change and adapt international policing taking into account its uncertainty, inconveniences and the projected success from the current status quo. This poses a challenge due to the time and resource demands it poses on the adopting nation (Hsi-Heuy, 1992).

The other obstacle is the need to diplomatically work out basic differences in law enforcement style having different nations having clearly diverse ideas about state justice administration. An example is the emphasis of individual rights and common law in Americas common law custom. The housing of adverse systems of authority with each other towards developing a common norm amounts to a trial and error affair which may take a long time for the different parties to get conversant with each other, make compromises and adjustments so as to suit to the new system in developing the amalgam policies and procedures and to get them institutionalized. This problem is further extended and made worse by the politicking of the different authorities depending on the level of dominance they can impose on the cooperation (Jensen, 1981).

The major conditions that will either ensure or deter the success of the cooperation are having a shared perception of a serious shared problem that is threatening to the welfare of the member parties. This condition can only be met if the parties view the situation as degrading, reducing the levels of development and not beneficial to them in any way. This is because if a number of the parties are beneficiaries of the transnational crime activities then they will seek to develop means of limiting the operation and success of the cooperation so as to retain the benefits they get from the criminal activities. An examples is some member countries being participants and beneficiaries of drug and armory trafficking they will try the best to protect the vice (Deflem, 2002c).

There should be participation of knowledgeable career law enforcement personnel who can help explain the problem and propose working solutions to the problem. This is because the view of the uninformed people who may not be aware of the challenges the problem causes on the housing economy may not support the step of international policing due to lack of information, guidance and as a result of ignorance. Thirdly the participation of political officials should be present as they will be the ones to help in formulation, passing, and in defending enabling policies and allocate budgetary sustenance for the employment of the policing. For example allocate funds to train the required personnel. The other condition is establishment of a proper and standard communication between rule enforcement personnel and the political class to ensure the success of the whole process. In the case that either of these conditions is missing, faulty or not working the reliability and effectiveness of international police cooperation will not be achieved (Deflem 2002a).

Transnational crime being the criminal activities that take place across national borders is on the increase due to increasing populations, movement of people, improvement in communication, transportation and information like computers and internet there is an acute need for a solution to the crime problem that can address the problem locally and internationally. This therefore creates the need for development of international policing as its evident that the level of success in much higher than the anticipated chance of failure. This can only be done with reference to the guiding principles and addressing the challenges associated for it to operate. With the development of this tool international transnational crime can be controlled if not fully ended.

List of References

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2. Anderson, M, Monica B, Eds 1994, Policing Across National Boundaries, London; New York: Pinter Publishers,
3. Deflem, M 2002a, Policing World Society: Historical Foundations of International Police Cooperation. Oxford; New York: Oxford University Press.
4. Deflem, M 2002b, Technology and the Internationalization of Policing: A Comparative-Historical Perspective. Justice Quarterly, vol. 19, no.3, pp.453-475.
5. Deflem, M 2002c, The Logic of Nazification: The Case of the International Criminal Police Commission (Interpol). International Journal of Comparative Sociology, vol.43, no.1, pp.21-44.
6. Hsi-Heuy, L1992, The Rise of the Modern Police and the European State System, New York: Cambridge University Press.
7. Human Trafficking 1993.
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9. Marenin, O, Ed 1996, Policing Change, Changing Police: international Perspectives, New York: Garland Press.
10. McDonald, W. F., Ed 1997. Crime and Law Enforcement in the Global Village, Cincinnati, OH: Anderson Publishing
11. Nadelmann, E. A. 1993, Cops Across Borders: The Internationalization of U.S. Criminal Law Enforcement, University Park, PA: Pennsylvania State University Press.