United Nations Convention against Transnational Organized Crime
Type | Organized crime; international criminal law |
---|---|
Drafted | 15 November 2000 |
Signed | 12 December 2000 |
Location | New York City, United States |
Effective | 29 September 2003 |
Condition | 40 ratifications |
Signatories | 147 |
Parties | 186 |
Depositary | Secretary-General of the United Nations |
Languages | Arabic, Chinese, English, French, Russian, and Spanish |
The United Nations Convention against Transnational Organized Crime (UNTOC) is a 2000 United Nations-sponsored multilateral treaty against transnational organized crime. The Convention was adopted by a resolution of the United Nations General Assembly on 15 November 2000, with the aim of promoting cross-border cooperation in tackling organized crime.[1] The UNTOC is also known as the Palermo Convention, obtaining three protocols, known as Palermo Protocols: [2]
- Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children
- Protocol against the Smuggling of Migrants by Land, Sea, and Air.
- Protocol against the Illicit Manufacturing and Trafficking in Firearms
The Convention came into force on 29 September 2003. As of January 2015, it has 185 parties,[2] which includes 180 United Nations member states, the Cook Islands, the Holy See, Niue, the State of Palestine, and the European Union. The 13 UN member states that are not party to the Convention are: (* indicates that the state has signed but not ratified the Convention)<templatestyles src="Div col/styles.css"/>
Contents
- 1 Background
- 2 Transnational Organized Crime
- 3 Obligations of the UNTOC
- 4 International Cooperation
- 5 Emerging Crimes of the 21st Century
- 6 Conference of the Parties to the United Nations Convention against Transnational Organized Crime and the Protocols Thereto
- 7 See also
- 8 References
- 9 External links
Background
The United Nations Convention Against Transnational Organized Crime entered into force on 29 September 2003, on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession, in accordance with its article 38. With each protocol requiring the same number of parties for entry into force, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, entered into force on 25 December 2003; the Protocol against the Smuggling of Migrants by Land, Sea and Air, entered into force on 28 January 2004; and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, entered into force on 3 July 2005.[1]
Transnational Organized Crime
The UNTOC does not contain a precise definition of 'transnational organized crime'. Nor does it list the kinds of crimes that might constitute it.
This lack of definition was intended to allow for a broader applicability of the Organized Crime Convention to new types of crime that emerge constantly as global, regional and local conditions change over time..
The Convention does contain a definition of 'organized criminal group'.[attribution needed] In Article 2(a):
- a group of three or more persons that was not randomly formed;
- existing for a period of time;
- acting in concert with the aim of committing at least one crime punishable by at least four years' incarceration;
- in order to obtain, directly or indirectly, a financial or other material benefit.
Since most 'groups' of any sort contain three or more people working in concert and most exist for a period of time, the true defining characteristics of organized crime groups under the Convention are their profit-driven nature and the seriousness of the offences they commit.
The UNTOC covers only crimes that are 'transnational', a term cast broadly. The term covers not only offenses committed in more than one State, but also those that take place in one State but are planned or controlled in another.[attribution needed] Also included are crimes in one State committed by groups that operate in more than one State, and crimes committed in one State that has substantial effects in another State.
The implied definition 'transnational organized crime' then encompasses virtually all profit-motivated serious criminal activities with international implications. This broad definition takes account of the global complexity of the issue and allows cooperation on the widest possible range of common concerns. [3]
Obligations of the UNTOC
Prevention
In general terms, the Convention calls for effective measures to promote integrity and to prevent the corruption of public officials and specifically calls for public authorities to be provided with adequate independence in order to deter the exertion of inappropriate influence on their actions. [4]
Criminalisation
As part of the Convention’s international framework for addressing transnational organised crime, requires States Parties to criminalise corruption, focusing particularly on bribery of public officials. It also calls for effective measures to detect and punish the corruption of public officials and specifically calls for public authorities to be provided with adequate independence in order to deter the exertion of inappropriate influence on their actions. [5]
Anti-Money Laundering
UNTOC also requires criminalisation of money laundering and the establishment of a domestic regulatory and supervisory regime for banks and other financial institutions to combat money laundering. States are also called on to fight corruption in the private sector. [6]
International Cooperation
To fulfil its aim of addressing cross-border aspects of organised crime, UNTOC provides for a broad framework for mutual legal assistance, extradition, law-enforcement cooperation and technical assistance and training. This international cooperation has the potential to improve mutual law enforcement assistance, notably in extradition and investigations. These provisions provided the basis for the international cooperation provisions in the UN Convention against Corruption. The provisions are largely mandatory and cover specific aspects of law enforcement cooperation such as extradition, gathering and transferring evidence, assisting investigations and prosecutions. They include requirements that states parties consider joint investigations, special investigative techniques and the transfer of criminal proceedings. [7]
International Cooperation
Transnational organized crime requires a coordinated transnational response. As organized criminal networks span the globe, efforts to combat them must likewise cross borders so as to ensure that organized crime networks do not simply divert their activities to countries or regions where weak cooperation means weak criminal justice responses.
The key feature of the UNTOC is its emphasis on international cooperation, in particular in the area of cooperation in criminal matters, but the Convention also contains provisions which aim to facilitate and promote international cooperation in other ways.
International Cooperation in Criminal Matters
International cooperation against organized crime should, as a matter of urgency, be conceived and used as a tool for strengthening sovereignty and security, not of surrendering it.[attribution needed] The UNTOC provisions on mutual legal assistance (MLA), extradition, transfer of sentenced prisoners, and asset confiscation make it a practical tool in this area.
States can use the UNTOC to cooperate at both informal and formal levels using the UNTOC.[attribution needed] Informal cooperation can be undertaken in many ways, such as between law enforcement authorities to share criminal intelligence, between witness protection authorities to cooperate in the protection of witnesses and between financial intelligence authorities to share information concerning financial crimes.
At the formal level, State Parties can use it to request and deliver MLA, extradition, freezing and confiscation of criminal proceeds. State Parties may also use it - either alone or in conjunction with other mechanisms - to supplement bilateral and multilateral MLA and extradition agreements and to supplement thematic multilateral agreements.[8]
Emerging Crimes of the 21st Century
Transnational organized crime groups seek to exploit legitimate activities for criminal purposes. The ways in which they are reaping profit are becoming more creative. As organized crime groups join ever more complex networks spanning the globe, the crimes become increasingly transnational and the types of crime they are able to commit become diversified. New threats to global security are emerging, meaning that people can fall victim to organized crime in an increasing number of ways, in an increasing number of places.[attribution needed]
In 2010, the fifth Conference of Parties to the United Nations Convention on Transnational Organized Crime identified cybercrime, identity-related crimes, trafficking in cultural property, environmental crime, piracy, organ trafficking, and fraudulent medicine as new and emerging crimes of concern. The emergence of these new crime types gives rise to the need for law enforcement response to adapt its efforts and capacities accordingly.[9]
Crimes include:
- Cybercrime
- Identity-Related Crime
- Trafficking in Cultural Property
- Environmental Crime
- Privacy
- Organ Trafficking
Conference of the Parties to the United Nations Convention against Transnational Organized Crime and the Protocols Thereto
Pursuant to article 32 of the United Nations Convention against Transnational Organized Crime, a Conference of the Parties to the Convention was established to improve the capacity of States Parties to combat transnational organized crime and to promote and review the implementation of this Convention.
First Session | Second Session | Third Session | Fourth Session | Fifth Session | Sixth Session | Seventh Session |
---|---|---|---|---|---|---|
Vienna | Vienna | Vienna | Vienna | Vienna | Vienna | Vienna |
28 June – 29 July 2004 | 10–21 October 2005 | 9–16 October 2006 | 8–17 October 2008 | 18–22 October 2010 | 15–19 October 2012 | 6–10 October 2014 |
The Conference has established five working groups which focus on specific areas of its work. All five have recently met in 2015.[attribution needed]
- Third session of the Working Group on Firearms, Vienna, 9 June 2015.
- First session of the Open-ended Intergovernmental Meeting to Explore All Options Regarding an Appropriate and Effective Review Mechanism for UNTOC and the Protocols thereto, Vienna, 28–30 September 2015.
- Sixth session of the Working Group on International Cooperation, 27–28 October 2015.
- Sixth session of the Working Group on Trafficking in Persons, Vienna, 16–18 November 2015.
- Third session of the Working Group on the Smuggling of Migrants, Vienna, 18–20 November 2015. [10]
See also
References
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
External links
- UNODC site.
- Text of convention and protocols.
- Signatures and ratifications.
- Procedural history, related documents, photos and videos on the United Nations Convention against Transnational Organized Crimes (with protocols) in the Historic Archives of the United Nations Audiovisual Library of International Law
- Use dmy dates from October 2013
- Pages using columns-list with unknown parameters
- Articles with specifically marked weasel-worded phrases from November 2015
- Organized crime
- United Nations treaties
- Treaties concluded in 2000
- Child labour treaties
- Treaties entered into force in 2003
- Treaties of the Afghan Transitional Administration
- Treaties of Albania
- Treaties of Algeria
- Treaties of Andorra
- Treaties of Angola
- Treaties of Antigua and Barbuda
- Treaties of Argentina
- Treaties of Armenia
- Treaties of Australia
- Treaties of Austria
- Treaties of Azerbaijan
- Treaties of the Bahamas
- Treaties of Bahrain
- Treaties of Bangladesh
- Treaties of Barbados
- Treaties of Belarus
- Treaties of Belgium
- Treaties of Belize
- Treaties of Benin
- Treaties of Bolivia
- Treaties of Bosnia and Herzegovina
- Treaties of Botswana
- Treaties of Brazil
- Treaties of Brunei
- Treaties of Bulgaria
- Treaties of Burkina Faso
- Treaties of Burundi
- Treaties of Cambodia
- Treaties of Cameroon
- Treaties of Canada
- Treaties of Cape Verde
- Treaties of the Central African Republic
- Treaties of Chad
- Treaties of Chile
- Treaties of the People's Republic of China
- Treaties of Colombia
- Treaties of the Comoros
- Treaties of the Cook Islands
- Treaties of Costa Rica
- Treaties of Ivory Coast
- Treaties of Croatia
- Treaties of Cuba
- Treaties of Cyprus
- Treaties of the Czech Republic
- Treaties of the Democratic Republic of the Congo
- Treaties of Denmark
- Treaties of Djibouti
- Treaties of Dominica
- Treaties of the Dominican Republic
- Treaties of Ecuador
- Treaties of Egypt
- Treaties of El Salvador
- Treaties of Equatorial Guinea
- Treaties of Eritrea
- Treaties of Estonia
- Treaties of Ethiopia
- Treaties of Finland
- Treaties of France
- Treaties of Gabon
- Treaties of the Gambia
- Treaties of Georgia (country)
- Treaties of Germany
- Treaties of Ghana
- Treaties of Greece
- Treaties of Grenada
- Treaties of Guatemala
- Treaties of Guinea
- Treaties of Guinea-Bissau
- Treaties of Guyana
- Treaties of Haiti
- Treaties of the Holy See
- Treaties of Honduras
- Treaties of Hungary
- Treaties of Iceland
- Treaties of India
- Treaties of Indonesia
- Treaties of Iraq
- Treaties of Ireland
- Treaties of Israel
- Treaties of Italy
- Treaties of Jamaica
- Treaties of Jordan
- Treaties of Kazakhstan
- Treaties of Kenya
- Treaties of Kiribati
- Treaties of Kuwait
- Treaties of Kyrgyzstan
- Treaties of Laos
- Treaties of Latvia
- Treaties of Lebanon
- Treaties of Lesotho
- Treaties of Liberia
- Treaties of the Libyan Arab Jamahiriya
- Treaties of Liechtenstein
- Treaties of Lithuania
- Treaties of Luxembourg
- Treaties of Madagascar
- Treaties of Malawi
- Treaties of Malaysia
- Treaties of the Maldives
- Treaties of Mali
- Treaties of Malta
- Treaties of the Marshall Islands
- Treaties of Mauritania
- Treaties of Mauritius
- Treaties of Mexico
- Treaties of the Federated States of Micronesia
- Treaties of Monaco
- Treaties of Mongolia
- Treaties of Montenegro
- Treaties of Morocco
- Treaties of Mozambique
- Treaties of Myanmar
- Treaties of Namibia
- Treaties of Nauru
- Treaties of Nepal
- Treaties of the Netherlands
- Treaties of New Zealand
- Treaties of Nicaragua
- Treaties of Niger
- Treaties of Nigeria
- Treaties of Niue
- Treaties of Norway
- Treaties of Oman
- Treaties of Pakistan
- Treaties of Palestine
- Treaties of Panama
- Treaties of Paraguay
- Treaties of Peru
- Treaties of the Philippines
- Treaties of Poland
- Treaties of Portugal
- Treaties of Qatar
- Treaties of South Korea
- Treaties of Moldova
- Treaties of Romania
- Treaties of Russia
- Treaties of Rwanda
- Treaties of Samoa
- Treaties of San Marino
- Treaties of São Tomé and Príncipe
- Treaties of Saudi Arabia
- Treaties of Senegal
- Treaties of Serbia and Montenegro
- Treaties of Seychelles
- Treaties of Singapore
- Treaties of Slovakia
- Treaties of Slovenia
- Treaties of South Africa
- Treaties of Spain
- Treaties of Sri Lanka
- Treaties of Saint Kitts and Nevis
- Treaties of Saint Lucia
- Treaties of Saint Vincent and the Grenadines
- Treaties of Sierra Leone
- Treaties of the Republic of the Sudan (1985–2011)
- Treaties of Suriname
- Treaties of Swaziland
- Treaties of Sweden
- Treaties of Switzerland
- Treaties of Syria
- Treaties of Tajikistan
- Treaties of the Republic of Macedonia
- Treaties of Thailand
- Treaties of East Timor
- Treaties of Togo
- Treaties of Tonga
- Treaties of Trinidad and Tobago
- Treaties of Tunisia
- Treaties of Turkey
- Treaties of Turkmenistan
- Treaties of Uganda
- Treaties of Ukraine
- Treaties of the United Arab Emirates
- Treaties of the United Kingdom
- Treaties of Tanzania
- Treaties of the United States
- Treaties of Uruguay
- Treaties of Uzbekistan
- Treaties of Vanuatu
- Treaties of Venezuela
- Treaties of Vietnam
- Treaties of Yemen
- Treaties of Zambia
- Treaties of Zimbabwe
- Treaties entered into by the European Union
- International criminal law treaties
- 2000 in New York
- Treaties adopted by United Nations General Assembly resolutions
- Treaties extended to Aruba
- Treaties extended to the Falkland Islands
- Treaties extended to Gibraltar
- Treaties extended to the Cayman Islands
- Treaties extended to the British Virgin Islands
- Treaties extended to the Isle of Man
- Treaties extended to the Netherlands Antilles
- Treaties extended to Hong Kong
- Treaties extended to Macau
- Treaties extended to Guernsey
- Treaties extended to Jersey
- Treaties extended to Anguilla
- Treaties extended to the Turks and Caicos Islands