ABSTRACT
Discussion of criminal and terrorist organisations is rendered difficult by an uncertain knowledge of their scope and activities, something which naturally arises from their furtive mode of operation and lack of formal basis. On the other hand, there is a reliable perception that they constitute significant organisational actors in contemporary society. Definitions of both organised criminality and criminal organisations are therefore important but difficult to work out. It is possible, however, to identify different levels of organisation in this context (informal partnerships, networks, cartel-like associations, and corporate-form organisations) and these may provide a helpful basis for argument concerning the allocation of responsibility. Thus networks and cartel-like structures may provide the basis for ‘joint criminal enterprise’ individual responsibility and there is evidence of some national systems of criminal law developing offences of participation on such a legal basis. On the other hand, some criminal and terrorist organisations possess a structure and role of a kind to suggest a compelling analogy with the corporation in the ‘legitimate’ world. On that basis they may be seen as appropriate actors for the allocation of some kind of responsibility, and again there is evidence for that in contemporary legal ordering – for example, legal enforcement action at both the international and national level.
