International or transnational crime refers to criminal activity that is not confined to one country but rather transcends national borders. Cybercrime, is perhaps the perfect example of and international crime in that the activity is at once domestic and international. For example, a computer hacker can initiate an online fraud operation from the US that targets a bank in Hong Kong which injures victims in Canada. Over the last decade, advances in technology, interconnectivity and the increasing mobility of people, goods and services has provided the suitable environment for the growth of international crime (Luban, O’Sullivan & Stewart, 2010). To be sure, international crime is one of the fastest growing and most costly criminal activities to face law enforcement in 50 years. Accordingly, police and law enforcement agencies around the world have slowly developed a number of strategies to combat international crime (Klosek, 1999). These strategies include increasing the focus on the domestic catalyst of international crime, increasing cross-border cooperation in the interdiction, investigation and prosecution of international crime; assisting international partners in building their capacity to fight international crimes (Lemiuex, 2013). Despite the work that police and law enforcement agencies have done to combat international crimes, the following primary obstacles continue to prohibit a more effective and comprehensive global strategy against international crime.
1. Rivalry, Distrust and Mistrust. Despite the widespread agreement on the need for international cooperation along with a range of programs that foster international cooperation, it low levels of international cooperation still remains one of the leading obstacles preventing international law enforcement efforts. Criminal law has always been one of the basic tools that governments have to exercise their authority. Accordingly most nations are hesitant to give up too much control or allow the overt influence of a foreign nation on how they decide to regulate criminal activity within their borders. While the globalization of criminal activity has indeed changed the insistence of nations on applying their own laws to criminal activity, change has remained slow. Moreover, international criminals have nation’s inability to cooperate to increase or sustain their criminal activity.
2. Differences in Culture and Perceptions of Crime. While ancient crimes such as murder, rape and theft are common to all nations, some newer crimes are open to debate between nations. The result is that a crime in one nation may not be considered a crime in another nation. Criminals understand this and are able to take advantage to the differences in strictness and leniency to perpetrate crimes for nations that have weak laws against the target activity.
3. Geographic Area and Difficulty in Securing Suspect, Evidence and Witnesses. One of the fundamental facts and limitations of criminal law is that a successful prosecution is always based on the ability of law enforcement to arrest and detain a suspect; secure and investigate the crime scene; and the presentation of evidence against the suspect before a trier-of-fact. In international crimes, these basic elements of a criminal case are subject to a number of obstacles such as finding witnesses in a foreign country, finding evidence in a foreign company that satisfies the prosecuting nation’s criminal procedure law. Most importantly, the potential of not finding or being able to secure and extradite a suspect poses a real risk to the successful prosecution of a suspect in the home or partner state.
4. Political Instability. While building and upgrading the international crime-fighting capacity of all nations remains a priority; political instability continues to limit how deep reforms can go. Indeed, nations that are unsure political tend to be unable or unwilling to take on such basic but complex issues as criminal justice. International criminal have learned to use this to their advantage. While the may think twice about running an international criminal operation from a nations with a developed criminal justice system and rule of law principle; they will eagerly move to state with no or limited political authority. Alternatively, oftentimes leaders in unstable nations personally profit off of international criminal activity.
Resources
Balzer, A.J. (1996). International Police Cooperation: Opportunities and Obstacles. Retrieved on December 12, 2014, from https://www.ncjrs.gov/policing/int63.htm
Klosek, J. (1999). The Development of International Police Cooperation within the EU and Between the EU and Third Party States. Retrieved on December 12, 2014, from https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1321&context=auilr
Lemieux, F. (2013). International Police Cooperation: Emerging Issues, Theory and Practice. New York, NY: Routledge.
Luban, D., O’Sullivan, J.R., & Stewart, D.P. (2010). International and Transnational Criminal Law. New York, NY: Aspen Publishers.
