Legal Responses to Transnational and International Crimes examines the political complications and practical issues that complicate how crime is defined, both nationally and internationally, as well as what makes prosecuting crime complex. The contributing authors and editors draw from a breadth of experience and scholarship to address the various legal issues. Intrinsic to this entire discussion is the tension between what a nation-state considers a crime and how the international community defines crime, in both the context of sovereignty and global co-operation. Adding to the tension and complicated nature of crime is the ever-increasing globalization of crime. Any discussion of this nature will include the complexity of prosecuting and defining terrorism, but what gives this book added dimension are the sections on Fair Trial Issues and the Regional Case Studies. The Fair Trail Issues section discusses protecting the rights of defendants and the principle of ne bis in idem (not twice for the same offence)—two areas that are generally less discussed but are key to issues of the legitimacy of prosecution of national and international crimes. The Regional Case Studies section addresses the why and how of crimes, generally cast as national problems or regional issues, as part of the further development of the body of international law, even as these nations or regions are the main sources of law.
The first section, Conceptual Frameworks, highlights the struggles over how to define a crime as “transnational” as opposed to “international,” once definitions are moved beyond very broad concepts. However, even without agreed upon definitions there are some core concepts that can act as guide posts. Ultimately, the authors find that the use of the International Criminal Court (ICC) to prosecute more than what are considered core crimes (e.g. genocide, crimes against humanity, etc.) would only weaken its authority due to its lack of ability to fully investigate and prosecute. However, the authors also acknowledge that some nation-states lack the ability or even the will to address crimes and/or criminal organizations whose powers and political influence make them equal parties. Though cautiously optimistic, they do outline the ways the national and international community can work toward this goal.
In part II, Specific Crimes, the crimes covered are the crime of piracy, terrorism as both an international and transnational crime, the jurisdictional issues of how cybercrimes are executed in and across many jurisdictions, the possible impacts of the repression of cyberattacks that are part of political speech, grand corruption (such as kleptocracies) and the complexity of prosecuting money laundering as a practical way of addressing internationally organized crime.
Part III, Fair Trial Issues, covers the issues of the protection of the rights of the accused and the question of ne bis id den. Part IV, Regional Case Studies, has one section that addresses the mass violence in Mexico and Central American and another the African state practice of addressing the distinction between “international” and “transnational” through the jurisprudence of the African Court on Human and Peoples’ Rights.
While there are many books about cybercrime, the chapter in this book on this issue adds a nuanced discussion about political speech and cyberattacks. This is one of many examples of the way the distinctions and classifications of crime can become blurred by the facts, motivations, and harms. As noted in chapter one, the distinctions and classifications of crimes matter and how they shape the legal response in both national law and in international law (e.g. human trafficking can also be a form of slavery). The solutions or legal responses can also vary greatly, due in part to the nature of the crime (e.g. how is terrorist activity distinct from general organized crime in the commission of money laundering). Currently, cyber-attacks such as Denial-of-service, which are among the most common, are not recognized as analogous to political speech. This means the possible prosecution of citizens by their governments for actions, which if taken in the physical world, could be considered civil disobedience or political speech. In itself, this is potentially problematic, but it is also compounded by the fact that currently the designation of severity of the crime of cyberattacks can range from being a misdemeanor to an act of war.
The human rights issues addressed in the section on regional case studies bring to the forefront the issue of the exercise of state power and sovereignty. One such example is the use of the la mano dura, literally translated as the “hard hand,” as political ideology by the police and military to eliminate those considered criminals or otherwise undesirable elements of society. While Central America is rarely seen as a regional where human rights issues are addressed, the International Commission against Impunity in Guatemala (Spanish: Comisión Internacional contra la Impunidad en Guatemala) (CICIG) is discussed as a working example. CICIG is seen as using international law and external pressure by nations to strengthen the nation's own judicial institutions. CICIG has produced results in combating corruption at high levels in the political structure and bringing claims of genocide to trial. While the results of these trials are mixed, the fact that any trial was held in Guatemala is a milestone. Both issues, the use of la mano dura and CICIG, have been less covered in general; this chapter adds a needed layer to the analysis of national and transnational crime.
As with any collection with different authors, the unity of tone and writing is somewhat fragmented. It can also mean that sometimes some topics are covered more than once and other issues and topics are covered less. On balance, however, this book adds to the literature with its discussion of the core concepts of the International Criminal Court (war crimes, crimes against humanity, genocide, etc.) and its examination of the complexity of the global nature of crime.
