chapter  1
26 Pages

International standards on action against transnational organised crime

This chapter explores important international standards concerning transnational organised crime with particular reference to the UNTOC. It begins by identifying the definitions of organised crime, and then highlights core obligations imposed upon States, such as prohibition of organised crime and related crimes; establishment of criminal jurisdiction; the use of special investigative techniques; confiscation of criminal proceeds; and international cooperation. It will be shown that the overarching principles reflected in these obligations are the harmonisation of national laws and criminal procedures as well as mutual recognition of judicial/ law enforcement decisions as these are designed to facilitate more effective international law enforcement cooperation. In addition, the protection and promotion of the human rights of victims and perpetrators of organised crime is discussed. The UNTOC is very weak in this regard. Therefore, reference will be made to international human rights law which imposes additional obligations upon States and supplements international law on transnational organised crime.