Transnational Organized Crime: Prevalence, Factors and Impacts

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Introduction

Transnational organized crime is a term that is used to refer to the type of crime that is committed across state borders. The organized criminal group is usually made up of more than three individuals who know each other very well. The group could exist for quite some time before organizing to commit crimes in different places. For a crime to be termed transnational, it must be punishable by at least four years.

The major aim of this type of criminal group is to obtain financial or material gains, either directly or indirectly. It is true that the major defining feature of organized crime is its profit-driven nature and the seriousness of the offense it executes. Transnational crimes are usually organized and planned in one state, but they are committed in several countries.

Moreover, the crime could be committed in one state, but its effects could be felt in a number of countries. It follows therefore that transnational organized crime is complex in nature since it is difficult to understand how individuals with different nationalities and origin would plan to execute a crime¹.

There are different forms of transnational organized crime, including human trafficking, illegal migration, firearms smuggling, drug trafficking, and money laundering. These forms of crime pose a serious challenge to the state since they interfere with the sovereignty and security.

Scholars of international relations agree that little is known about transnational organized crime. Moreover, there is no clear definition of the term. Victims of transnational organized crime are always reluctant to approach the police, unlike victims of conventional crimes, such as murder, rape, robbery and aggravated assault. Some reports indicate that victims fear reprisals in case they inform state securities.

Criminal markets are always liberalized in order to attract many customers. Some powerful state officials normally support transnational organized crime since it is committed without state interference.

For instance, drug trafficking is a common transnational crime, yet state officials are reluctant to terminate it. Only those found utilizing the drugs are taken to jail, but sellers are not tracked down. This article looks at the prevalence of transnational organized crime, factors that facilitate it, and its impacts on society.

Prevalence of Transnational Organized Crime

Existing body of knowledge shows some crucial market information regarding illegal goods and services. These literatures prove that both loosely structured and highly structured groups carry out organized crimes worldwide. The European commission carried out a research in 2001, which claimed that loose networks of illegal groups are substituting conventional hierarchical organizations globally.

A different report generated by the United Nations in 2004 concluded that organized crime functions through a fluid system in the modern society, as opposed to a formal chain of command. The report observed further that this form of organization gives criminals miscellany, elasticity, low visibility, and prolonged existence².

Another research conducted by Europol in 2006 echoed the previous reports by suggesting that organized crime is becoming progressively assorted and dynamically ordered in controlled terms implying that it is moving from organized structures to loosely connected networks.

Previously, pyramidal monoliths characterized organized crime. A final report released by the US department of justice in 2008 confirmed the claims of previous scholars by suggesting that international criminals have changed their mode of operation since they prefer loose networks, as opposed to traditional hierarchical structures.

Indeed, the nature of operation is different since organized criminals engage in a number of crimes, ranging from ivory poaching in Africa to child trafficking in Eastern Europe. The changing nature of organized crime is caused by political developments in the third world.

Hierarchical structures in organized crime flourish in places experiencing poor governance and corruption, such as Africa and South America. Such structures are usually identified by a certain institutional identify. Transnational organized crime is always committed in large scale without state intervention since some of their members are even represented in parliament or in the cabinet.

They own some criminal gangs in the name of mafias, which are used in enforcing conformity. On the other hand, loose networks operate in places with strong governance, such as the United States and Western Europe. Moreover, loose networks operate in developed countries, such as Japan and Italy.

Some of these loose organized criminal gangs include the mafia organization of Italy, the Japanese Yakuza, the Chinese Triads, the Brazilian favela, and the American street gangs. Loosely organized criminals are frequently made up of ethnic groups, which have a feeling that the government has neglected them for long. Most of these communities are slum dwellers and new immigrants.

Since the government do not provide them with basic needs, the neglected communities come up with their own sources of capital, job opportunities, and security. If the government do not intervene in time, such groups would end up forming their own loan sharking schemes, labour exporting organizations, and illegal security firms.

This would really destabilize the countrys economy and security since the proceeds generated through illegal means enter the economy without taxation³. A small group that could have started as a protection organization could turn out to be a menace to the government and the society in general.

Loose organized criminal gangs could also have an opportunity to carry out its activities in case the state continuously prohibits the trading of goods and services that have high demand. Individuals would organize themselves to make profit out of the prohibited goods and services without even seeking state approval.

For instance, drugs, gambling business, and prostitution could be having high demand, yet the government would be reluctant to allow these forms of business activities to go on in society. Illegal groups would quickly take over by assuming a regulatory role. In this regard, illegal goods and services would be located in a marginalized centre, which would serve as a distribution centre.

Through criminal gangs, the distribution centres would be a no go zone for security officers. The loosely organized criminal gang may seek the support of the local population by promising to offer job opportunities and essential services that the state does not provide, such as free food supply. These criminal gangs are very dangerous and violent, even though they might be helping the locals.

They simply give pleasure to the locals by offering them peanuts, yet the real proceeds are shared among the few rich individuals. The locals will always demonstrate to protect the group from government mistreatment. The illegal gang might be violating the law, yet no authority is available to check on this⁴. In other words, the owners of the criminal group are simply accountable to themselves.

Transnational organized criminal groups are everywhere in the world, with different names. They share certain features that make them distinct. The groups are conservative in nature, hierarchically structured, and tend to be clannish meaning that individuals sharing a culture control them. Most of them operate locally, with the major aim of exploiting their local communities.

They do this by cooperating with other criminal gangs operating in different countries, but supplying products and services that have high demand in their localities. Moreover, localized organized groups have militia groups that are used in frustrating the opponents and the government. Modern studies show that these groups engage in a number of crimes, as opposed to their previous operation.

Globalization seems to have presented new challenges and opportunities to transnational organized criminals. For structured organized criminals, they have been forced to readjust their strategy since huge criminal organization cannot be sustained in the globalized society. Some have disintegrated into smaller and more flexible groups.

The strengthening of the state security agencies has forced these structured organized criminals to adapt smaller networks that would hide from the state security agencies. Large organized criminal organizations are usually frustrated through constant arrests, seizure of products, and naming of owners.

The minor, supple, and low profile illicit groups rapidly took over the markets. The current advancement of structured offence is contrasted with the surfacing nature of terror campaign, which is changing from habitual violence to the cell structure.

The smaller networks cannot be viewed as groups since they do not manufacture anything, neither do they engage in shipping services. They can be termed as commercial connections with very different systems of operation. The only thing that makes them engage in crime is the moneymaking aspiration. Law enforcers are unable to identify these groups since they are invisible.

Many state security agencies focus on investigating structured organized groups, but are never interested in chasing invisible groups. This has given smaller organized crime networks a chance to engage in crime undetected. Law enforcers would want to disband an organized group that is superior to the state machineries, but not small illegal groups that operate in secrecy.

In 1957, the US government discovered an illegal group made up of seventy individuals from different parts of the country. The incident was understood differently since state officials believed an enemy is always against the government since it coordinates its activities to overthrow the democratically elected government.

However, this was a wrong interpretation since the major aim of an organized criminal gang is simply to make money, but nothing else. At the same period, the European Union was quick to believe that all organized groups in the world were aiming at overthrowing the government. The government had to organize itself to launch an attack to these organized criminals.

The media reported any organized crime as a ground empire. State security agencies received heavy funding from the government to fight these organized crimes. Consequently, defective policies were designed aimed at flushing out organized criminals.

After some time, state security agencies and law enforcement organizations realized that organized criminal had a different motive, which was related to profit making, but not overthrowing the government.

Research shows that transnational trafficking markets are growing in number but traditional turf-based crimes are declining. It is therefore factual that the role of territorial groups is declining owing to the strengthening of the government. However, these turf-based groups benefit from transnational organized crime in the sense that they act as agents or they impose taxes to illegal goods and services.

In the developed countries, traditional transnational criminal groups are disadvantaged mainly because of the tough policies social changes. In the developed countries, individuals have easy access to credit meaning that the issue of unemployment does not arise. Unemployment is one of the factors that force individuals to engage in crime.

Moreover, the role of labour unions in the advanced democracies is minimal implying that organized groups cannot commit crime in the name of advocating for the rights of the marginalized. Unlike in developing countries, immigrants are easily integrated in developed countries, which seals the loopholes that organized criminals explored before.

Immigrants were easily used in executing transnational organized crime since they are always desperate, given the fact that they are new in the environment.

Other factors that impede the functions of organized criminals include prevention of homogenous neighbourhoods, shipping goods in containers, transparency in terms of hiring public officials, prevention of patron-client politics, stable private security sector, and liberalization of gambling and prostitution.

In the current society, a group of individuals, but not organizations, conducts organized crime. In case the group is arrested, charged, and imprisoned, the illegal trade will just go on. The illicit market and its profits encourage even innocent individuals to try their luck.

Research shows that the focus should shift from arresting individual to dealing with the market. Law enforcement agencies ought to shift from individuals to focusing on markets in case organized crime is to be contained. It is observed that transnational organized felony is likely to continue since law enforcement officers are typically recruited to deal with offences within a particular authority.

In other words, they do not have the power to arrest individuals in other jurisdictions⁵. Based on this reality, law enforcers are facing a number of challenges in dealing with organized crime worldwide. It would be prudent for law enforcers to cooperate and share information freely globally in case they want to end the new challenge of transnational organized crime.

Law enforcers apply local or national tools in handling transnational crime, yet the crime itself is international. Laws of any jurisdiction are usually made based on cultural norms and regulations meaning that they cannot be applied in other jurisdictions successfully.

It is concluded that transnational organized crime cannot be ended any soon since it is a sensitive issue that does not encourage global information sharing. Moreover, crime is always perceived as local problem that should be handled using local mechanisms and strategies. It becomes difficult for governments to cooperate internationally in stamping out the menace.

Factors Facilitating Transnational Organized Crime

The issue of transnational crime affects almost all state in the international system meaning that no state is safe. It has evolved over years to be what it is now. The issue of drug trafficking has been present in the international system for years, but its distribution has always been changing.

Human trafficking and trading in illegal firearms is another issue that has given many policy makers sleepless nights owing to its effects on society. Many conflicts being experienced in Africa, particularly the Democratic Republic of Congo, are attributed to illegal distribution of firearms.

These weapons are produced in the United States and other powerful countries, yet they find their way to criminals in the desert countries in Africa and other parts of the world. The US government does not distribute these weapons, but instead transnational organized criminals are in charge of their distribution.

Transnational organized crime received a boost just after the end of the Cold War since criminals had a chance to fill in the gap left by the two superpowers as regards to weapon supply. Globalization has also presented new opportunities, particularly technological developments and the emergence of efficient transport and communication systems.

Research shows that both state and non-state actors are unable to predict the storm in the current international system since it is characterized by complexity and uncertainty. Policies and strategies towards mitigating organized crime have flopped in the past mainly because of the new socio-political and economic developments.

In other words, state security agencies and other law enforcers in the international system are unable to combat transnational organized crime mainly because of its evolving nature. Some of the factors facilitate the growth and evolution of transnational organized. These factors would be discussed in this section.

Enhanced Movement of People and Goods

A number of studies define globalization as the interconnectedness of world nations, which is facilitated by liberation of trade just after the Cold War. Many countries were forced to open up their economies for foreign investment just after the Cold War. In fact, it was necessity for any foreign assistance, which was set by the World Bank and the International Monetary Fund.

Some countries were forced to streamline their civil service by retrenching staff in order to pave way for structural adjustment. This encouraged free flow of goods and services, as well as outsourcing of production. The third world benefited because companies were relocated from Europe and North America to poor countries, which hard cheap labour and raw materials.

Following this, the tourism sector received a major boost since visas were readily available at reduced prices. In the transportation sector, the prices of air tickets went down. When viewed from a cultural sense, expansion of the internet services and reduced calling rates facilitated globalization in a way.

Goods and services in the modern international system can be accessed online meaning that consumers need not to travel to places where products are manufactured.

As globalization is being felt in many quarters, the government has failed to move with the needed pace, which gives criminals an opportunity to conduct their activities unnoticed⁶. The conditions of the globalized world allow criminals to move easily and only states have the power to control them.

Unfortunately, the state does not have proper mechanisms that would help in preventing the free movement of criminals. Many countries have no policies that protect their water bodies meaning that criminals can easily utilize them in executing their heinous acts. Reports of the air industry globally shows that air travels have grown by an approximated five percent in the last thirty years.

This is facilitated by the development of high capacity jets referred to as the Jumbo jets. Apart from the introduction of high capacity jests, many countries do not regulate the air industry since it is perceived to interfere with local investment. As the capacity increases, the prices of travelling and even communicating reduce.

One of the studies conducted in the United States proved that regulation of travelling impedes economic growth. Moreover, the study noted that modern developments in the air sector have facilitated travels in the regions previously perceived as remote and inaccessible. The growth in the air industry facilitates civil aviation, which in turn encourage illicit activities in the world.

Even though air travel is relied upon in moving people from region to the other, goods are transported through the sea. As earlier noted, many countries are yet to control the goods entering their countries through the sea. Illegal goods would most probably enter the country through the sea. It is common for state security officers to incept illegal goods, such as drugs, at the airport, but not at the seaport.

Grey and Black Markets

Just like the licit trade, illicit trade is affected by the dynamics of the world economic environment. This means that illicit trade flourishes mainly because of the availability of the stable market. The fall of the Soviet Union and the abolition of the Berlin Wall gave organized criminals a chance to carry out their criminal activities.

After the Cold War, the type of governments formed in various parts of the world was supportive of the illicit trade. For countries emerging from communism, it was very difficult for them to adapt to the new provisions of the market, which demanded expertise and experience. Such societies were used to highly controlled markets.

There was a gap since individuals were supposed to abandon the old economic order and adopt the new order, which was unknown to them. In communist countries, organized crime existed, but it took a different shape referred to as consumer goods smuggling. The security services controlled the form of organized crime that existed in the communist era. For them, transcending to new form of organized referred was very easy⁷.

The security forces and other members of the ruling class took advantage of the confusion in society to engage in transnational organized crime, such as child trafficking and dealing in drugs. To do this effectively, they needed security so they collaborated with the state.

Current studies suggest that new changes in the economic order could perhaps affect established financial systems while transnational organized crime have a possibility of impacting negatively on the formal economy. In Japan for example, the building bubble in the late 1980s presented various chances to the Yakuza. The yakuza were used in resolving land problems since they had established communal structures.

This affected the economy since many potential investors were unwilling to engage in real estate development. The yakuza were in charge of any real estate development, which affected the economy of the country to an extent of causing an economic meltdown and recession.

In Jamaica, the case was not any different since the country was seriously affected by organized violence that was always under the control of transnational organized criminals. Cocaine was transported easily from Jamaica to the North-eastern part of the US with the help of organized criminals.

The Jamaican citizens controlled trade in the northeastern part of the US. In 1990s, the trade was taken over by Mexicans in the United States, which affected the Jamaican economy greatly. In both countries, Jamaica and Mexico, the rates of crime were very high as cocaine trade dominated.

In the two countries witnessed increased cases of murder and violence since peoples life depended on the cocoa plant. Transnational organized crimes will always engage in luxury goods meaning that their trade is rarely affected even if the government designs strict policies on distribution.

Young, Urban, Foreign, and Poor Population

The young individuals mainly execute transnational organized criminal activities. This is true particularly in developing countries, which face serious challenges regarding employment. The UN report reveals that over eighty-five young individuals in the world live in developing countries. The figure is even expected to go up by over four percent in the year 2025.

Hard economic conditions force the youth to engage in crime and other crime related activities. The report revealed further that many young people in developing countries commit suicide because of the difficulties in social life. Instead of killing themselves, others try their luck in illegal trade by coordinating with foreign individuals who provide technical assistance.

This is facilitated by the developments in the communication sector since an individual can easily link up with an individual in developed countries. A large number of poor individuals are brought up in the urban centres, which predispose them to all forms of social injustices. The developing countries are incapable of sustaining the urban population, forcing others to seek alternative means of survival.

The urban life demands cash, yet it cannot be easily accessed in developing countries facing high rates of unemployment. The young people are compelled into using drugs before committing certain forms of crime, such as robbery, carjacking, and kidnapping.

With time, the ghetto youths form criminal gangs that would carry out criminal activities beyond their borders⁸. In almost all countries, insecurity in urban areas is in the increase due to the presence of idle and jobless youths.

Migrants are usually faced difficulties in their home countries, something that forces them to seek for better life elsewhere. They always hope to find a better life in foreign countries. Unfortunately, as globalization enhances capital flow, it does not encourage free flow of labour. People move to various places in search of the market for their services. The legal barriers do not allow individuals to be employed that easily in foreign countries.

Due to this, organized crime finds its way into society since drug lords and other illegal businesspersons specializing in kidnapping and carjacking misuse idlers. Foreigners are smuggled into foreign labour markets where they are forced to offer cheap labour.

They are also exposed to poor working conditions, which is very dangerous to their lives. Young people find themselves brushing shoulders with foreign governments not because they wish to, but because they are forced by circumstances.

Major Concerns and Effects of Transnational Organized Crime

In the international system, the threat posed by these transnational organized organizations is always underrated or even misunderstood. Many people over simply the issue and others tend to associate the effects with the violence witnessed in the market.

For individual to be kidnapped, violence or threat of violence must be applied. Some organizations employ violence to ensure that contracts are signed and conflicts are resolved.

Some transnational criminal gangs would not apply violence in order to allow free flow of profits, but some will always conduct their business with guns. Since transnational organized criminals do not always employ violence, the real concerns and the impacts of this form of crime could be understood in terms of the severity. There are direct and indirect impacts.

Direct Impacts

In many parts of the world, the drug market and human trafficking rely on the policy of willing buyer willing seller. Due to this, many people are injured in the process since acquisition of these goods and services is very dangerous. Some injuries are not documented since victims are unwilling to report to the police or any other law enforcement agency.

Developing countries are always disadvantaged since they face consequences while proceeds are taken to drug lords in developed countries. Producer and transit countries face numerous challenges, including murder and robbery, yet consumer countries are comfortable.

In developed countries, those using drugs face health challenges because substance abuse is known to be harmful to health. An individual under the influence of an illicit drug would likely cause an accident and engage in crime, such as rape and aggravated assault. Moreover, drug abuse reduces an individuals productivity.

Indirect Impacts

The indirect impact of transnational organized crime is that it interferes with state sovereignty. Criminals compete with the state for supremacy by funding militias to destabilize peace and security. The state is unable to execute its duties fully owing to the presence of transnational criminals. The government is the only institution in society charged with the mandate of maintaining peace and security.

In this regard, it can use force legitimately to maintain security. Criminal gangs purport to maintain security, yet their major aim is to benefit themselves. They provide some basic needs to the locals only to fool them to offer the much-needed support.

Bibliography

Caldwell, Gillian, Galster, Steve, Kanics, Jyothi, and Steinzor, Nadia. Capitalizing on Transition Economies: The Role of the Russian Mafia in Trafficking Women for Forced Prostitution. Illegal Immigration and Commercial Sex. The New Slave Trade. London: Frank Cass Publishers, 1999.

Dale, Peter, and Marshall, Jonathan. Cocaine Politics: Drugs, Armies, and the CIA in Central America. Berkeley: University of California Press, 1998.

Hammersley, Cassidy. Drugs associated with drug-related deaths in Edinburgh and Glasgow, November 1990 to October 1992. Addiction 90.7 (1995), 959965

Salt, John. Migration as a Business: The Case of Trafficking. International Migration 35.4 (1997), 467-494.

Shannon, Sarah. Prostitution and the Mafia: The Involvement of Organized Crime in the Global Economy. Illegal Immigration and Commercial Sex 2.1 (1999), 119-144.

Taibly, Rebecca. Organised Crime and People Smuggling/Trafficking to Australia. Australian Institute of Criminology 208.2 (2001), 1-6.

Van-Impe, Kristof. People for Sale: The Need for a Multidisciplinary Approach to Human Trafficking. International Migration 38.3 (2000), 113-130.

Footnotes

¹ Kristof Van-Impe, People for Sale: The Need for a Multidisciplinary Approach to Human Trafficking, International Migration 38.3 (2000), 126.

²Rebecca Taibly, Organised Crime and People Smuggling/Trafficking to Australia. Australian Institute of Criminology 208.2 (2001), 4.

³John Salt, Migration as a Business: The Case of Trafficking. International Migration 35.4 (1997), 444.

⁴ Kristof Van-Impe, People for Sale: The Need for a Multidisciplinary Approach to Human Trafficking, International Migration 38.3 (2000), 130.

⁵Peter Dale and Jonathan Marshall, Cocaine Politics: Drugs, Armies, and the CIA in Central America (Berkeley: University of California Press, 1998), 78.

⁶Gillian Caldwell, Steve Galster, Jyothi Kanics, and Nadia Steinzor. Capitalizing on Transition Economies: The Role of the Russian Mafia in Trafficking Women for Forced Prostitution. Illegal Immigration and Commercial Sex. The New Slave Trade (London: Frank Cass Publishers, 1999), 21.

⁷Sarah Shannon, Prostitution and the Mafia: The Involvement of Organized Crime in the Global Economy, Illegal Immigration and Commercial Sex 2.1 (1999), 130.

⁸Cassidy Hammersley, Drugs associated with drug-related deaths in Edinburgh and Glasgow, November 1990 to October 1992, Addiction 90.7 (1995), 960.

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