From the Margins to the Mainstream: Toward an Integrated Multilateral Response to Organized Crime

Summary

This paper from the International Peace Institute (IPI) argues that organized crime has transitioned from a peripheral problem to a mainstream threat to international peace and security. The authors, Walter Kemp and Mark Shaw, call for a more integrated multilateral response to organized crime and provide a detailed analysis of the issue, highlighting the impact of organized crime, the shortcomings of current responses, and specific recommendations for a more effective approach. The paper calls for an improvement in information and analysis capabilities, a more proactive stance on crime prevention and advocacy, greater coordination among UN institutions, and the strengthening of regional cooperation in order to effectively combat organized crime. The authors acknowledge the challenges to achieving a unified response, particularly in terms of state sovereignty and the reluctance of some countries to fully engage with the international community on this issue.

Most Important Ideas and Facts:

1. Organized Crime: A Multifaceted Threat

Organized crime poses a serious threat to human security, with crime-related violence being a leading cause of civilian deaths. "Since the UN and its member states now put such a strong emphasis on the protection of civilians, and since most civilians are being killed as a result of crime-related violence, then saving lives means stopping crime."
It undermines state sovereignty and challenges the state's monopoly on the use of force, as seen in countries like Afghanistan, Guatemala, and Mexico. "In numerous examples, including Afghanistan, Guatemala, Guinea-Bissau, Honduras, Libya, and Mexico, criminal groups (often working closely with insurgent and terrorist groups) are challenging the state’s monopoly on the use of force, and even undermining state sovereignty."
It hinders development by deterring investors, diverting resources, fueling corruption, and exacerbating poverty. "Crime undermines development. It scares away investors and donors, diverts resources (either through corruption, lost tax or customs revenue, or increased security costs of either police or protection money), contributes to brain drain, fuels corruption, perverts local economies (for example, by inflating prices, particularly real estate), dampens entrepreneurship, and hurts aid effectiveness."

2. The Need for an Integrated Approach

Current efforts are fragmented, focusing primarily on law enforcement while neglecting broader social and economic factors that contribute to crime.
A more effective approach requires a comprehensive strategy that integrates crime prevention, justice reform, development initiatives, and international cooperation.
"Therefore, the key to understanding organized crime in fragile states, or elsewhere, is to understand the actors, the incentives, the enabling factors, and the impact."

3. Filling the Information Gap and Enhancing Early Warning Systems

There is a significant lack of reliable data and analysis on organized crime, hindering effective policy-making and early intervention. "We are flying through a statistical fog because there is almost no data available on crime."
Improved data collection and analysis are crucial for understanding trends, identifying vulnerabilities, and developing targeted interventions.
The document calls for stronger analytical capabilities within the UN system, including potentially establishing a Joint Crime Threat Analysis Cell.

4. Prevention and Advocacy: A Multi-pronged Approach

Preventive measures, such as raising awareness, strengthening institutions, and reducing demand for illicit goods and services, are essential to address the root causes of crime.
"More successful crime prevention would reduce the need for early warning."
Engaging civil society, the private sector, and communities is crucial for effective prevention strategies.
The document highlights the importance of integrating crime prevention into development programs and promoting sustainable livelihoods in crime-affected regions.

5. Strengthening the Multilateral System and International Cooperation

The document stresses the need for enhanced regional and international cooperation to address the transnational nature of organized crime.
It advocates for:
Regional strategies to contain crime and strengthen fragile states.
Effective information sharing mechanisms among law enforcement agencies.
International agreements and frameworks to facilitate cooperation and extradition.
Support for regional criminal justice mechanisms.

6. Addressing the Challenges of Direct Intervention

Direct intervention, involving external actors in a state's justice system, can be effective in certain circumstances.
However, it raises concerns about sovereignty, sustainability, and potential political interference.
"The biggest underlying question is whether there needs to be, at least in some cases, a trade-off between justice and stability. Or should justice be pursued at all costs?"

7. Reforming the UN's Response to Organized Crime

The document identifies shortcomings in the UN's response to organized crime, including fragmentation, lack of coordination, and limited mandates for peace operations.
It suggests:
Creating a contact group within the UN focused on crime-related issues.
Developing a Global Crime Control Strategy similar to the UN's counterterrorism strategy.
Potentially restructuring UN agencies to better address the interconnectedness of crime, justice, and development.

Overall, this document provides a compelling argument for recognizing organized crime as a serious threat to peace and security, requiring a comprehensive and integrated response. It highlights the need for greater awareness, enhanced information sharing, and strengthened international cooperation to effectively address this global challenge.

FAQ: Organized Crime and International Peace and Security

1. How does organized crime pose a threat to international peace and security?

Organized crime presents a multifaceted threat to peace and security on local, regional, and global levels.

Undermining State Sovereignty: In countries like Afghanistan, Guatemala, and Mexico, criminal organizations, often intertwined with insurgent groups, challenge the state’s authority and control, eroding its sovereignty.
Fueling Violence and Instability: Organized crime activities contribute to escalating crime rates, violence, drug addiction, and a pervasive climate of fear, directly impacting human security. The destabilizing effects of crime, particularly in fragile states, can spill over borders, threatening regional security and potentially escalating into international crises.
Hindering Development: Crime deters investment, diverts resources through corruption and illicit financial flows, and hampers economic growth. It creates a vicious cycle where underdevelopment breeds crime, and crime further impedes development.

2. What is the “securitization” of crime, and why is it controversial?

"Securitization" refers to framing organized crime as a threat to international peace and security, thus potentially justifying intervention by international bodies like the UN Security Council under Chapter VII of the UN Charter.

Controversy: Some states view this as an infringement on their sovereignty, fearing it could be used to justify the use of force against them without their consent. They argue that dealing with crime is primarily a national responsibility.

Counter-argument: Proponents of securitization argue that organized crime, especially in fragile states, already undermines sovereignty. International intervention, in such cases, aims to restore state authority and security, not violate it.

3. Why is there a lack of comprehensive information and analysis on organized crime, and what are the consequences?

Obstacles to Information Gathering:

Data Scarcity: States often lack the capacity or willingness to collect and share data on organized crime, resulting in a "statistical fog."
Sensitivity and Sovereignty Concerns: Sharing information on crime can be politically sensitive, with some states hesitant to expose their vulnerabilities or be perceived as havens for criminal activity.
Lack of Standardized Measurement: Absence of agreed-upon indicators makes it difficult to compare data across countries and assess the effectiveness of crime-prevention efforts.

Consequences:

Blind Policymaking: The absence of reliable data hampers effective policymaking, leading to poorly targeted and ineffective interventions.
Inability to Identify Emerging Threats: This lack of information hinders early warning systems, making it harder to anticipate and prevent emerging criminal threats before they escalate into crises.

4. How can the international community improve its efforts to prevent organized crime?

Strengthening Institutions: Providing support to build robust and independent institutions in vulnerable states, including anti-corruption agencies, law enforcement, and judicial systems.
Addressing Root Causes: Tackling the underlying socioeconomic factors that contribute to crime, such as poverty, inequality, and lack of opportunity. This involves integrating crime prevention into development strategies and promoting sustainable economic growth.
Reducing Demand: Implementing comprehensive measures to decrease the demand for illicit goods and services. This includes public awareness campaigns, education, and treatment programs, particularly in relation to drug trafficking.

5. What are the challenges and dilemmas associated with mediating with criminal groups?

Moral Hazard: Negotiating with criminal organizations raises ethical concerns about rewarding illicit behavior and potentially legitimizing their activities.
Power Imbalance: Criminal groups often wield significant economic and social influence, potentially using negotiations to further their interests and undermine the rule of law.
Sustainability and Enforcement: Agreements with criminal groups can be fragile and difficult to enforce, especially in weak states lacking the capacity to ensure compliance.

Difficult Decisions: Mediators must weigh the potential benefits of engaging with criminal groups – such as reducing violence or gaining access to conflict zones – against the risks of empowering them and compromising justice for their victims.

6. What is the role of regional cooperation in combating organized crime, particularly in fragile states?

Benefits of Regional Cooperation:

Addressing Cross-Border Nature of Crime: Criminal activities frequently transcend national boundaries, requiring collaborative efforts to effectively disrupt networks and trafficking routes.
Pooling Resources and Expertise: Neighboring states can share intelligence, resources, and best practices to strengthen their collective response to crime.
Enhancing Capacity: Stronger states in a region can assist weaker ones by providing training, technical assistance, and support for building robust justice institutions.

Examples: Successful regional initiatives include the joint counter-piracy efforts off the coast of Somalia and Operation Prosperity, a collaborative effort between Benin and Nigeria to combat piracy in the Gulf of Guinea.

7. What are the potential benefits and challenges of establishing international jurisdiction for crimes like drug trafficking?

Potential Benefits:

Addressing Impunity: International jurisdiction could hold high-level criminals accountable for their actions, especially when national justice systems are compromised or lack the capacity to prosecute complex transnational cases.
Standardized Legal Framework: An international court could provide a unified legal approach to crimes like drug trafficking, addressing inconsistencies in national laws and ensuring consistent enforcement across borders.

Challenges:

Political Resistance: States may be reluctant to cede sovereignty to an international court, viewing it as an infringement on their domestic affairs.
Practical Considerations: Setting up and maintaining an international court for drug trafficking would be complex and costly, requiring significant international cooperation and resources.
Scope and Effectiveness: The court’s ability to effectively handle the volume and complexity of drug trafficking cases would be a significant concern.

8. How can the UN system improve its coordination and response to organized crime?

Strengthening the UN Task Force: Empowering the UN Task Force on Transnational Organized Crime and Drug Trafficking to effectively coordinate actions across different UN agencies and promote a cohesive approach.
Developing a Global Crime Control Strategy: Creating a comprehensive global strategy, similar to the UN's counter-terrorism strategy, to guide international efforts, mobilize resources, and enhance cooperation among states, regional organizations, and civil society.
Centralized UN Office for Justice: Consolidating UN activities related to crime prevention and the rule of law under a single office to improve efficiency, coherence, and impact.Key Themes:

Organized crime as a threat to international peace and security: The document argues that organized crime, traditionally viewed as a law enforcement issue, has evolved into a significant threat to national and international security, undermining state sovereignty and fueling conflict.
The need for a comprehensive and integrated approach: The authors advocate for a holistic strategy that goes beyond traditional law enforcement measures, encompassing development, justice, and crime prevention.
Improving global governance and multilateral cooperation: The document emphasizes the importance of enhanced information sharing, coordinated action, and strengthened institutions at both the national and international levels.
Bridging the gap between development and security: The authors highlight the detrimental impact of organized crime on development, emphasizing the need to integrate crime prevention into development strategies and address the vulnerabilities that fuel crime.