A NEW CRIME ENTITY THE SUPRENATIONAL CRIME All
countries of the world are affected by various criminal activities but only some of these are, for historical and geographical reasons, and more or less consciously, today become interested by a new phenomenon which I named supranational criminal.
more serious crimes or offences established by this Convention, in order to obtain, directly or indirectly, a financial advantage or other material benefit. Transnational crime is committed when: in more than one State; is committed in one State but a substantial part of its preparation, planning, direction or control takes place in another State; is committed in one State but it is implicated in a criminal group engaged in criminal activities organized in more than one State; or is committed in one State but has substantial effects in another State.
This evidence leads me to explore the evolution of definitions of international and transnational crime by identifying a different kind of overriding crime. It is related to the convergence of interests involving State actors, implying therefore political and economic aspects including its geopolitical However, even this effort, although it nature of a sovereign State. represents a decided step forward in Post-modern and globalized crime theoretical definition is sufficient to turns rapidly adapting its modi opekeep up with the times, with global derandi in order to benefit from the opvelopments and with the knowledge portunities generated by existing criand awareness of the evolution of orsis areas, economic crises and politiganized crime. cal uncertainties. The awareness of this evolution has prompted the inter- Organised crime is today in my opinational community to define a crimi- nion, as well as international, transnanal group as: a structured group, exi- tional and supranational as well. It is sting for a period of time, consisting of also because this new form of supranathree or more persons acting in con- tional organized crime has with the cert with a view to committing one or state a relationship built through di1
rect relational links and deep common actions: how it happens in Kosovo, for the State as in North Korea, with the State, in Italy, against the State in Nigeria and independently by it in Mexico. In the recent past, particularly between the insiders, has finally gained the conviction that to deal with greater efficiency, in terms of prevention and contrast, organized crime is analytical work necessary to geo-economic nature in order to determine the existence of dynamic form and particular geographical areas known as criminal hubs. The European Police Office, preparing the document on Organized Crime Situation for his natural client the European Commission talk about, in conceptual terms, the existence in Europe of these criminal hub. Europol defines criminal hubs such as, precisely, a conceptual entity created by the combination of different factors such as proximity to target markets of illicit substances, geographic location, the presence of appropriate infrastructure and most important the existence of criminal organizations that are able to exploit its potential. Essentially a criminal hub does not exist per se but is the result of the conver-
gence of multiple interests and factors. With this concepts fixed in mind, we can now focus our efforts on those crimes which play a leading role in the formation of both criminal hub as the faults of criticality: trafficking and exploitation of migrants, drug trafficking mostly -heroin and cocaine-, counterfeit goods, arms (the list could include, for example, other forms of contraband) and finally that of maritime piracy due to the specific strategic consequences that entails. We have the awareness that the economic theme of illicit capital generated by international and transnational organized crime cannot be addressed without a global vision. This assumption requires, for logical consequence, the search for a common reference model that can allow a sharable analysis. It is in this context that UNODC has called for approach and conceptual study-model of illicit profits based on the world centers of gravity; we see that, of course, even if with guilty slowness, that all international actors are, only now, (unfortunately at a distance of twenty years after the end of conflicts between superpowers) realized that this problem can only be tackled with a shared global vision. 2
The centers of gravity, were identified by UNODC by adopting a mathematical model that takes into account both different positive and negative factors. These factors can increase or reduce the attractiveness of a particular area for the money laundering offence e.g. the functioning of financial services, the level of banking secrecy, the respect of international agreements, the distance from markets that generate illegal profits, the degree of development of society, the level of corruption, the type of crime, and last but not least cultural factors such as the commonality of language, and so on.
gnty, always with the detriment of the democratic life.
Because I think that the awareness of the existence of a problem is the first step in an attempt to reduce the connected threat identifying the solution it was an appreciable step forward when, in February 2010, the President of the Security Council of the United Nations, with an ad hoc declaration stated that: "... the Security Council notes with concern the threat in some cases from international narcotics trafficking and organized crime for safety from different areas of the world ...". The statement extended its reach With these additional tools of analysis by inviting greater cooperation at init is very interesting reading the glo- ternational level in order to avoid inbal map of geopolitics of organized cri- creasing geopolitical actor role of orme. Are clearly emerging some areas ganized crime as a serious threat to inof the planet, in which economic inte- ternational peace and stability. rests, powered by various forms of criIn today's world most armed conflicts minal deviance leads to a higher level do not see more opposing armies, but of threat due to the absolute necessity the involvement of civilian actors as of maintaining the status quo. This secessionists, fundamentalists and threat, can get to generate a new type dissidents with specific claims. The inof criminality which call upon natiovolvement of civilian actors had the nal consideration of potential influeneffect of reducing the gap between crice and erosion of national sovereiminals and insurgents. I use the term gnty. The greater the pressure of criinsurgents with reference to the sense minal organizations aimed at the prethat in recent years has consolidated servation of their illegal activities, the in relation to the well-known "Report" more will suffer the national sovereiof American General David Petraus to 3
US Congress in 2007 "On the situation in Iraq". The General Petraus, describing the nature of that conflict, inter alia, notes that ".. .the primary source that feeds the Iraqi conflict is competition between different communities in ethnic and sectarian character for power and resources ... the question is whether this competition will be more or less violent ‌ indigenous and alien terrorists, insurgents, militias and extremist criminal act to power ... all this competition and its violence ...". Again, in relationship, talking about the threat that the crime can be in certain theaters of war, repeatedly referring to the FARC revolutionary armed forces of Colombia which have become a convert to hybrid drug trafficking but leaving altered the military structure typical of a guerrilla militia. Of course you could open a debate on this issue, however I seem to be able to say typical features have already emerged and obvious; in fact that Petraeus report read: "‌ insurgency is always a form of internal war ..." and so on. The international community, after attempting to assign a priority to organized crime relating to each single national context, and then in that scope manageable and fixable, begins nowa-
days to realize that the theme of international and transnational organized crime must be understood, analyzed and addressed apart from the single geo-reference of every single group or criminal activity. Organized crime is expected to enter the ranks of the variables that need to be taken into account from every country where it is possible to locate and protect localized national interests. The whole issue can be put in the right light, and then dealt with a conceptual perspective clear and appropriate, having at the same time clear in mind, the influence in each territory and the effects generated international projection. To accomplish this goal you must deal with the study of the phenomena of crime from local highlighting effects on any hubs or centers of gravity and then evaluating how the latter might influence, and sometimes determine, the balance of their respective geographical areas. It's awesome to realize how, thanks to a world map on which to project the data available it is possible said that the entire planet is affected by the phenomena of organized crime and it is easy to identify hubs and centers of gravity revealing at the same time the danger and threat to the stability of countries and even entire regions. 4
If we take the moves from the analysis of drug trafficking to highlight how this affect entire continents we can easily find out that the main production area is localizable Andean area involving: Colombia, Peru, Bolivia. From here the flow that affects than the Mesoamerican area through Guatemala, Honduras, Panama, Costa Rica, Venezuela and Mexico, to reach North America and Canada, West Africa and Europe. This projection gives us an idea of how the illicit drug trafficking has a considerable effects on a number of sovereign countries in three continents. We know that the cash flow associated to the cocaine traffic, generates, an impressive volume of money for the criminal organizations involved, often higher than the profits in terms of GDP of a medium-sized Country. Now, it follows that if it is true that the pressure of organized crime over a country like the USA can be easily resisted, will it be possible for other national realities such as Colombia, Peru or Guatemala, Guinea-Bissau, Guinea and Nigeria. And, in fact, as corollario of this doubt just look at different forms of insurgency from which these countries are suffering. The claims, which have political, cultural or religious are mostly of pretexts to control a particular territory to perform such trafficking and
the exploitation of indigenous resources. Take for example the most important country of cocaine production: Colombia, on whose territory the FARC Revolutionary Armed Forces of Colombia and the AUC Self-defense Units of Colombia, the first born in the 1974 and Marxist; the second born to fight it in an open para-military confrontation. The wane of FARC ideological component has determined the evolution towards a paramilitary organization dedicated to drug trafficking as the AUC have done. Today a country like Colombia is clearly influenced by these two paramilitary organizations on its territory. Mexico by a decade the country of transit towards the North of the American continent of illicit drugs coming from the south, is facing for at least five years a war on its territory among narcos organizations that today counts 70,000 victims note – a war. The Colombia today, and probably for many years, is not of geostrategic considerations, but the permanent North American supremacy tomorrow, when the Brazil will have the strength to take on the role of hegemon in the southern portion of the continent could be put in discussion. This di5
scourse is even more valid for West African countries which in recent years have become, regrettably, appealing for stockpiling of cocaine before jumping to Europe and beyond. I have in mind a State like Nigeria, with huge resources but absolutely unstable from the political point of view; even today in the fight between the North and the South; between Christians and Muslims; between territories to seafaring and those of the interior poor and desolate. In a similar context of instability control of tons of cocaine that are stored on that territory has a strategic value in view of the potential capacity of criminal organizations involved in it, to influence throughout corruption be able to determine the formation of a Government rather than another one. Nigeria, from the geopolitical point of view is not Colombia, and its international policy choices have effects on the whole African continent situation. Turning his gaze eastward to Asia the situation only changes in nominal terms, but the substance will be the same. Let's move on from the Andean region to the South-West and Central Asia, from the production and trafficking of cocaine to heroin. Here, our argument is even more suitable, where
especially, but not exclusively, the territories of production and transit are controlled by international and transnational organized crime. Who won the war in Afghanistan? Certainly not the Americans who are to leave the country in the hands of the Taliban. The production and trafficking of heroin have not been damaged by the conflict which took place on the same areas where the criminal organizations operate in Afghanistan, which are a synthesis between clans, guerrilla warfare and illicit interests. Even more evident, that for Colombia and Nigeria, is the relative importance of geopolitical Afghan scenario. Here who will check the power in such area of strategic interest for the policies of countries like Pakistan, India, Iran, China and the Russian Federation; Not bad. And what about the growing threat that illicit traffic represents for the Commonwealth of independent States and in particular the Russian Federation? The Russian market of heroin use is growing for years as evidenced by the data: 70 tons worth 13 billion dollars to its destination (comparable to 87 tons for the European market with a value of 20 billion): heroin, from Afghanistan reaches the Rus6
sian territory across the stan countries, Uzbekistan, Kyrgyzstan and Kazakhstan but especially the Tajikistan. The 2,300 kilometers of the boundary line that separates Afghanistan from native republics determine the starting point of the route of the North that, in view of the point of tangency with the Balkan route, is one of the major hubs of global heroin traffic. Through this route, most of the production of the Afghan provinces is conveyed to the Russian Federation, taking advantage of the ever-green Silk Road , and through Iran and Turkey, the Balkan route to Europe. From the Russian point of view this activity determines the instability at their borders as well as an internal problem given the huge growth of retail consumption (about 85% of heroin does not leave the territory of the Federation). The huge flow of heroin and opium that passes on these routes feeds the physiological deterioration of different social contexts taking into consideration corruption and widespread poverty that motivates most people to find sustenance from the activities connected with the only real economic power in the area. The other effect is the logical join interests of different criminal groups involved in the transfer of drugs in order to make it
consistent, and less onerous, the maintenance of its flow. Now, considering that I do not think this is the right context in which analyze each of the numerous faults of world criticism, I will just consider the paradigmatic case of Mexico to illustrate the mechanism that generates potentially what I defined supranational crime. The contemporary Mexico suffers tragically the situation of conflict between many aggressive organized crime groups in the context of the war to control the flow of cocaine from the Andean region towards the planetary markets; this mafia–type war will have decisive effects, within the framework of the presidential election next July, for the country and for the entire American continent. The Mexico, a representative democracy and 13th world economy, is a fast-growing Country with optimistic forecasts in relation to its economic future. This awareness of its capabilities and possibilities, pushing the country to reflect on its political role in continental dynamics. Geography gives the very important role of Mexico the hinge between the North and South of the American continent, though definitely 7
closer to the United States of America rather than Brazil, for reasons connected with the impressive migratory flow towards that country. Crime in Mexico has a history and tradition that can be traced back, in more or less organized forms, to the 19th century when small criminals teams composed of bandidos operated, already at that time, in the same areas of today predominantly at the border North and South of the country and were devoted to many forms of smuggling across borders. To change the scenario there will be some circumstances independent of the will of the Mexicans that the increased demand on the US market and the US authorities' decisions to dismantle both the Caribbean route traffic, the criminal organizations of Cali and Medellin, to demonstrate once again that the military option, to fight the drugs market, allows only a tactical and strategic advantage ever. In the years' 70, the sharp increase in demand for cocaine on the American market had determined the Mexican criminal organizations to assume more structured organizational forms to adapt to complex supply chain of criminal drug trafficking.
In subsequent eighties years, the American administration decided to stop the flow of cocaine in Caribbean route transit with a consequential shift of flows on the route from Latin America, cocaine-producing area, came to the U.S. and European markets consumer, assigning to Mexico a new role of hub for sorting the enormous quantities of drugs. Mexican crime begins to change in complex structures but still decidedly immature however, it was inevitably the time to grow. This process, which involves the social, cultural and even anthropological specificity, still hasn't arrived at a complete maturation and bloody war for control of the drugs market is still underway in Mexico representing the obvious corollary. This kind of criminal hubs, articulated on several plazas is managed by a single organization, more or less capable of ensuring its functionality. In particular, the cities of the North bordering the U.S.A and the port areas on the Pacific and Gulf of Mexico. The war for the control of drug trafficking in Mexico, is also a process of redistribution of a part of sovereignty between the State and organized crime. And it is in this framework that the facts of blood falling from one side into a logic of placement of numerous and powerful crimi8
nal organizations in the context of the dynamics related to drug trafficking and, on the other hand, in an attempt to decrease the Government's effect on perceived insecurity. Given the high level of penetration of Mexican crime linked to drug trafficking is conceivable a strong and decisive influence on the victory of the new political course; this new course will result in the policy that will determine the future dynamics of internal and external security. The relationship between the United States and Mexico has in the Treaty of Guadalupe Hidalgo of 1848 and in the Gadsden Purchase Act the founding and historical cultural element of the sharing of the common borderline. The early completion of the political and economic respectively agreement that puts an end to the two-year war that has enabled the North Americans to complete its expansionist policy in continental reaching their natural boundaries to the West and South with the annexation of the States of Nevada, Arizona and Utah and California; process that integrates the annexation of Texas and New Mexico in 1845. The territorial conquests however has never followed a dramatic closing of the border between the two
countries resulting in the spontaneous emergence of a cultural area that is conceptually defined by multiple parties or Tex-Mex or Amexica showing lands straddling the frontier that derives its vitality from 14 twin towns-twin cities- (legally two entities falling within the jurisdiction of each American or Mexican but in reality a single urban area divided by the State border) belong to the two countries, raised and developed along the boundary line. To this state of things you must add the ispanization of American society due to the large numbers of immigrants of third and fourth generation already present in U.S. territory. All this in view, with a certain amount of imagination -which often ends to anticipate the future reality- that it is not unlikely to predict that at the end of this century, but even earlier, the geopolitical evolution will determine an aggregation process involving the three dominant forces: United States, Mexico and Brazil to gain influence in the North, Central and South of the continent. At that point the role of Mexico in geopolitical terms would be a deciding factor for the continental balances representing the keystone of American stability. A Government 9
strongly influenced or even worse expression of those holding, economic and criminals: Sinaloa and Los Zetas cartels, according to which principles and purposes could operate their own choices in international politics? The case of Mexico is very interesting because it is experiencing this process but at the same time we can come back to another already existing case the Kosovo to understand how it works.
crime inflict on the peoples and territories where proliferate. In the post-Soviet era, organized crime, because of greater freedom of movement and action, influence and affects new territories by means of military strength, political influence and financial power.
Among the current issues for world stability and security should be certainly highlighted the proliferation of weapons of mass destruction and international terrorism, however, a bigger and more serious challenge will be the increasing number of failed or weak States that represent a clear threat to global security. Often these countries suffer from situations of bankruptcy caused by the effects of the uncontrolled and criminal activities as we have in part already highlighted.
Along some of this faults of criticality will be played the big game of the geostrategic balance. These shocks are due to power struggles and frequently surreptitiously fed with recourse to social demands, ethnic or religious. Change a line of power raises important and often unpredictable consequences. This volatility is very dangerous along these faults of criticality for even a modest unstable state may cause a domino effect with global repercussions. The organized crime projected on international and transnational scale can operate beyond the geographical reference context of playing a double role. A supranational crime is born.
The geopolitical approach has become indispensable for understanding the breadth and depth of organized crime operations in order to assess with just cause the damages that the organized
This new entity makes high-level organized crime an important geopolitical actor who sometimes can be crucial to the definition of strategic alliances.
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