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Louise Shelley

Louise Shelley

Omer L. and Nancy Hirst Endowed Chair for civic intellectual, University Professor in the School of Policy, Government and International Affairs and the founder and Director of the Terrorism, Transnational Crime and Corruption Center (TraCCC) at George Mason University

About

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Louise Shelley is the Omer L. and Nancy Hirst Endowed Chair for civic intellectual as well as a University Professor in the School of Policy, Government and International Affairs and the founder and Director of the Terrorism, Transnational Crime and Corruption Center (TraCCC) at George Mason University.  Her latest book is Dirty Entanglements: Corruption, Crime and Terrorism (Cambridge University Press, 2014). Her previous book is Human Trafficking: A Global Perspective (Cambridge, 2010). Dr. Shelley has written books and dozens of articles and books chapters on the subject of transnational crime and corruption. She is presently working on a book on illicit trade in the real and virtual world. She served for six years as a member of the Global Agenda Councils on Organized Crime and Illicit Trade of the World Economic Forum. She is a life member of  the Council of Foreign Relations. She is the recipient of many fellowships and prizes including the Guggenheim and two Fulbrights and two grants from the MacArthur Foundation. Dr. Shelley has testified for the United States Congress repeatedly on these issues and has addressed fora of the OSCE, OECD and other national and international bodies and appears in the media frequently.

Books

Dirty Entanglements: Corruption, Crime, and Terrorism

  • In mid-January 2013, a coalition of diverse Jihadi groups seized control of the In Amenas gas field in Eastern Algeria, close to the Libyan border. The field provides five percent of the gas produced in Algeria. The attack, blessed by Al Qaeda in the Mahgreb (AQIM), a powerful Al Qaeda affiliate, revealed the power of the radical Islamists to take control of a large and economically important site with over 800 employees. The attack is believed to have been planned by Mokhtar Belmokhtar, who started a splinter group from AQIM not long before the attack.

    Operating under a policy that prohibited negotiation with terrorists, the Algerian state launched a military siege against the gas facility that resulted in high numbers of casualties. There were more than 30 attackers dead and at least three-dozen hostages from eight countries also perished. The well-armed assailants had terrorized the hostages before their rescue or death.

    These are the simple facts of the case. Yet this single act of terrorism epitomizes the main principles of this book, that the interaction of crime, corruption and terrorism are having a tremendous impact both on security and the global economy. This attack––designed to commanded international attention––was characteristic of contemporary security threats, where the challenge comes from non-state actors rather than governments. This attack was a strike at the core of the Algerian economy, yet caused numerous foreign casualties. It reveals the consequences of globalization, where foreign investment and workers are placed in ever more remote locales and unstable regions, especially as the world seeks to tap ever more distant sources of oil and gas. Moreover, such an attack is different from those of the past in Algeria, as it affects the citizens of so many diverse countries. Carried out in a lightly guarded desert locale, it reveals the strategic thinking of the terrorists. They were willing to carry out what was almost certainly a suicide mission to advance their goals. Yet they did this with advanced weaponry that they had acquired and knew how to deploy.

    The January attack of 2013 is reflective of a “new terrorism,” discussed more in chapter three, that is more spectacular in its operation and its victimization, but also in its global economic effects. The hostages killed came from at least three continents—North America, Europe, and Asia. American, British, French, Japanese, Norwegian, Filipino and Romanian victims were identified. The attackers reportedly came from at least seven countries including Algeria, Chad, Egypt, Mali, Mauritania, Niger and Canada. They entered from Libya, which presently lacks adequate border controls. The presence of two Canadians reveals the capacity of Islamic militant organizations to recruit not only regionally, but also globally. The target was even more global than was revealed by the nationalities of the terrorists and their victims. The In Amenas Gas field was operated by companies based on four continents, including: BP, Statoil of Norway and Sonatrach (the Algerian national oil company), and serviced by many international firms. The Japanese engineering firm JGC Corp helped service the field. This helps explain why the Japanese, despite being far from their home country, suffered the largest number of fatalities.

    Globalization has created a world where international businesses from diverse countries, employing citizens from around the globe, can combine in such a remote locale as In Amenas. But globalization has also created a world in which money, arms, and people move readily across borders, making such sites vulnerable. This operation required extensive advanced planning and logistics, needed to move significant numbers of people and arms long distances across borders to this desert site.

    Recent decades have seen a decline of borders, as there have been greater efforts to promote trade and move massive amounts of goods. The decline of the border in the Al Amenas case was a consequence of the absence of state function in Libya after the Arab Spring, and the ousting of Qaddafi. In many other cases, the decline of borders is a result of the retreat of the state, in which less control has been exercised over national territory. In the developing world, these borders are often artifacts of colonial rule and other historical legacies, rather than defensible geographic divisions of people and cultures. Post-colonial Africa epitomizes this problem, as many of the borders of African states are artificial constructs of the colonial era. With little national desire to police these boundaries, and few financial incentives for law enforcement to perform their jobs effectively, significant corruption prevails at the frontiers. Consequently, without law enforcement capacity to police movements of people, the radical Islamists were able to enter into Algeria, allegedly from Libya, without problems. Many of the arms used came from the Qaddafi-era Libya, but they could be moved to diverse locales in Africa, largely unimpeded, because of the absence of effective controls in the chaos that followed the so-called “Arab Spring.”

    Assisting in the movement of people and the smuggling of goods are the Tuaregs, a tribal people, that have traditionally moved cargo across the desert. Having fought for Gaddafi, many escaped from Libya. With their displacement after the Arab Spring, they forged an alliance with AQIM that exploited their talents to transport and smuggle goods, arms, and people across the desert and avoid border controls. They have helped AQIM take control of northern Mali.

    The Tuaregs are just one element of the extensive network that facilitated this attack. Although Belkmotar claimed credit for the assault on In Amenas, in reality the group that assaulted the gas field united a heterogeneous group behind a shared objective. Those who participated and facilitated the assault included jihadists, ethnic rebels, and diverse criminal groups. This network construction is representative of the new face of terrorism that combines criminal and terrorist elements with unclear and often hybrid identities in spaces where they can operate together.

    The Al Amenas attack was justified as a reprisal against the French attacks on AQIM in Mali, but the advanced planning needed for the gas field attack negates this claim. But the corruption in Mali has been of concern for years, as its leaders have cut secret deals with AQIM. The significant financial resources of AQIM, derived from its extensive and diversified criminal activity have allowed it, through corruption and force, to create a safe haven for itself in a large part of Mali.

    The presence of crime-terror groups in the Sahel is not just a problem of safe havens in weak and loosely governed states. It also reveals the interaction of crime and terrorism with the legitimate economy, and the complicity of the corporate world in the financing of terrorism. AQIM, as will be discussed in reference to the business of terrorism, has profited enormously from kidnapping. The kidnapping of Canadians and Europeans in north and west Africa by insurgent groups, including AQIM, have provided massive funds for these groups, as the payments have totaled approximately $130 million dollars in the last decade, paid by Britain, Germany, Italy, Spain, France, Austria, Sweden and the Netherlands. This money has been paid both by governments in Continental Europe and also by corporations. The money has often come from companies whose workers have been kidnapped, however insurance firms ultimately are the stakeholders who pay out large ransoms after western corporations have bought expensive anti-kidnapping policies. The ransom profits have provided the insurgent and jihadi groups enormous capacity in an environment in which labor and trafficked arms from Libya are cheap.

    As will be discussed subsequently, some analysts of the crime-terror problem seek to define this problem as one linked to weak and fragile states. But as this Algerian and AQIM example illustrates, without the financial support and complicity of financial institutions in the developed world, insurgent groups would not have the capability to carry out such expensive attacks. Therefore, companies are not only the victims of terrorist attacks, such as in Al Amenas, but are also facilitators of this insurgent activity through their large payments to these insurgent groups. This illustrates that crime and terrorism intersect with the legitimate economy in diverse ways.

    Kidnapping is not the only activity that has supported AQIM, although it may be its largest revenue source. Belmoktar, the strategist behind the Al Amenas attack, has been identified as a “jihadi gangster,” a special distinct type associated with AQIM that combines terrorist objectives with significant illicit activity. He has also been referred to as “Mr. Marlboro” for his large role in the lucrative illicit cigarette trade in North Africa, that will be discussed more in chapter seven. But kidnapping and cigarettes are just part of this criminal panoply that also includes extortion, arms and drugs smuggling that will also be analyzed in chapter six. The diversity of criminal activity that supports this jihadi activity in Africa reveals that drugs are not the central funding source for terrorism, although they receive a disproportionate amount of attention in strategies that seek to address terrorist financing.

    All of this illicit cross-border trade can only function because of large and pervasive corruption. Examining the world map of corruption released by Transparency International for 2012, reveals that the Sahel-Sahara region, as well as the adjoining regions of north, west, and central Africa, all experience high levels of perceived corruption. Libya, the source of the smuggled arms, is one of the most corrupt countries in the world. With this low level of state capacity, the political will is not present to control either the crime, terrorism, or the increasingly complex structures built of these ingredients.

    The force of the Algerian assault against the militants is a consequence both of its past history of conflict with terrorists, the training of its military leadership by the Soviet armed forces, and the strategic importance of the gas fields to Algeria’s economy. Its policy of non-negotiation is a legacy of its conflict with Islamic insurgents in the 1990s, that is estimated to have claimed anywhere from 30 to 150,000 lives. The huge oil and gas industries are pillars of the Algerian economy. They represent 98 per cent of its export revenue and 70 per cent of its national budget. Therefore, this attack on the energy production of Algeria undermines the economic and political viability of the state. As a major supplier of gas to Europe, the assault on this gas field challenges the security and dependability of gas needed by the European community for its daily life. Therefore, the jihadis are striking not just at individual hostages, as in the past, but are undermining the economic security of Algeria and Europe. The political and economic significance of this attack far surpasses that of previous terrorist acts in Algeria.

    This excerpt from Dirty Entanglements: Corruption, Crime, and Terrorism by Louise I. Shelley (© 2014 Louise I. Shelley) is reprinted with the permission of Cambridge University Press.

  • ISBN: 987-1-107-68930-5
  • Buy Now

Human Trafficking: A Global Perspective

  • This book examines all forms of human trafficking globally, revealing the operations of the trafficking business and the nature of the traffickers themselves. Using a historical and comparative perspective, it demonstrates that there is more than one business model of human trafficking and that there are enormous variations in human trafficking in different regions of the world. Drawing on a wide body of academic research – actual prosecuted cases, diverse reports, and field work and interviews conducted by the author over the last sixteen years in Asia, Latin America, Africa, Europe, and the former socialist countries – Louise Shelley concludes that human trafficking will grow in the twenty-first century as a result of economic and demographic inequalities in the world, the rise of conflicts, and possibly global climate change. Coordinated efforts of government, civil society, the business community, multilateral organizations, and the media are needed to stem its growth.

    Focuses on the financial side of all aspects of human trafficking
    Integrates all forms of human trafficking within one book
    Explains the role of organized crime in the business of human trafficking

  • ISBN: 9780521113816
  • Buy Now

Human Security, Transnational Crime and Human Trafficking: Asian and Western Perspectives (Routledge Transnational Crime and Corruption)

  • In recent years, drug use, illegal migration and human trafficking have all become more common in Asia, North America and Asia: the problems of organized crime and human trafficking are no longer confined to operating at the traditional regional level. This book fills a gap in the current literature by examining transnational crime, human trafficking and its implications for human security from both Western and Asian perspectives. The book:

    Provides an outline of the overall picture of organized crime and human trafficking in the contemporary world, examining the current trends and recent developments
    contrasts the experience and perception of these problems in Asia with those in the West, by analyzing the distinctive Japanese perspective on globalization, human security and transnational crime
    examines the policy responses of key states and international institutions in Germany, Canada, the United States, the European Union, Japan, and Korea.
    This book argues that any effort to combat these crimes requires a response that addresses the welfare of human beings alongside the standard criminal law response. It represents a timely analysis of the increasingly serious problems of transnational crime, human trafficking and security.

  • ISBN: 978-0415437011
  • Buy Now

Policing Soviet Society: The Evolution of State Control

  • Since its creation immediately after the Russian revolution,the militia has had a broad range of social,political and economic functions necessary to direct and control a highly centralized socialist state.However,as the communst party lost its legitimacy the militia was increasingly thrust into the front line of political conflict.A task it was unsuited to perform.Despite the efforts of perestroika to reform it,the collapse of the Soviet state also led to the collapse of morale within the militia.
    Louise Shelley provides a comprehensive view of the history,development,functions,personnel and operations of the militia from its inception until after the demise of the Soviet state.The militia combined elements of continental,socialist and colonial policing.Its functions and operations changed with the development of the state,yet it always intervened significantly in citizen's lives and citizens were very much involved in their own control.Over time the militia became more removed from politics and more concerned with crime control,but it always remained a tool of the party.
    This is the first book to analyze the militia,which was one of the most vital elements of control within the Soviet State.It will be a crucial aid to understanding the authoritarianism of the communist system and its legacy for Russia and the successor states.
    Louise I.Shelley is Professor at the Department of Justice,Law and Society and the School of International Service at the American University,Washington D.C.

  • ISBN: 978-0415104708
  • Buy Now

publications

“Hedging Risk by Combating Human Trafficking: Insights from the Private Sector,” December 2014 (with Christina Bain and Effie Effie-Michelle Metallidis)

“Is the transnational crime threat exaggerated,” Congressional Quarterly Researcher, August 29, 2014.

Washington DC Case study of human trafficking (with Christina Bain) in Urban Anthologies: Innovation from Crisis to Opportunity, World Economic Forum, 2014, 8-9.

Op Ed “Disrupt Boko Haram,” USA Today, May 22, 2014,

“Human Smuggling and Trafficking in Europe: A Comparative Perspective,” Transatlantic Council on Migration, February 2014

“Crime, Organized Crime and Corruption,” in Return to Putin’s Russia 5th edition ed. Stephen K. Wegren (Lanham, Maryland: Rowman and Littlefield Publishers, 2013, pp.189-208.

“Money Laundering into Real Estate,” in Convergence: Illicit Networks and National Security in the Age of Globalization eds. Michael Miklaucic and Jacqueline Brewer (Washington, D.C.: Center for Complex Operations, Institute for National Strategic Studies, National Defense University Press, 2013), pp.131-46.

“Human Smuggling and Trafficking in Europe–Routes, Impacts, and government options,” in Criminology, Criminal Policy and Criminal Law in an International Perspective: Essays in Honour of Martin Killias, André Kuhn et al. (A.G. Bern: Stämpfli Verlag AG, 2013), 653-678.

“The Business of Terrorism,” in Organized Crime, Corruption and Crime Prevention: Essays in Honor of Ernesto U. Savona eds. Stefano Caneppele and Francesco Calderoni (Cham, Heidelberg, New York, Dordrecht, London: Springer, 2013), pp. 269-76.

“Addressing Absence of Transparency in a Research Center,” in Positive Initiatives for Organizational Change and Transformation eds. G.D. Sardana and Tojo Thatchenkery New Delhi: Macmillan, 2012, pp. 233-38.

“The Relationship of Drug and Human Trafficking: A Global Perspective,” European Journal on Criminal Policy and Research Volume 18, Issue 3 (2012), pp, 241-253.

“The Commodification of Human Smuggling and Trafficking,” in Labour Migration, Human Trafficking and Multinational Corporations : The Commodification of Illicit Flows eds. Ato Quayson and Antonela Arhin, Abingdon, Oxon and New York, Routledge, 2012, pp. 38-55.

“The Diverse Facilitators of Counterfeiting: A Regional Perspective”, Journal of International Affairs, Vol. 66, no. 1 (Fall/Winter 2012), pp. 19-37.

“Human Trafficking: Why it is such an Important Women’s Issue”, in Confronting Global Gender Justice: Women’s Lives, Human Rights eds. Debra Bergoffen, Paula Ruth Gilbert, Tamara Harvey and Connie McNeely eds. Oxford, UK: Routledge, 2011, pp.35-49.

“The Globalization of Crime,” in International Criminal Justice ed. Mangai Natarajan New York: Cambridge University Press, 2011, pp.3-10.

“International Trafficking: An Important Component of Transnational Crime,” in Human Security, Transnational Crime and Human Trafficking eds.with Shiro Okubo and Louise Shelley, New York and London, Routledge, 2011, pp. 135-151.

“How exposing Corrupt Regimes Can Serve US Security,” (with William Courtney and Ken Yalowitz) Christian Science Monitor, May, 25, 2011, op.ed.,

“Restoring Trust for Peace and Security,” Transparency International, 14th International Anti-Corruption Conference, Bangkok, Thailand November 2010

“Paznoobraznye poseledstviia torgovli liud’mi,” (Diverse Consequences of the Trade in People) in Vne Tolerantnosti. Torgovlia liud’mi I rabskii trud:metamorfozy starykh prestuplenii I novkh metody ikh preodoleniia ed. Liudmila Erokhina Vladivostok:Izvo TGEU, 2009, pp.23-45.

“Narco-Trafficking in Pakistan-Afghanistan Border Areas and Implications for Security,” (with Nazia Hussain) in Narco-Jihad: Drug Trafficking and Security in Afghanistan-Pakistan National Bureau of Asian Research, NBR Special Report #20, December 2009, pp.23-41.

“Crime, Organized Crime and Corruption,” in After Putin’s Russia Past Imperfect, Future Uncertain 4th ed. eds. Stephen K. Wegren and Dale R. Herspring Lanham, Md.:Rowman and Littlefield, 2009, pp. 183-198.

“Crime and Non-Punishment,” Dispatches—on Russia March 2009, pp.194-206.

“The Financial Winners of the Current Crisis,” The CIP Report, George Mason University School of Law, Vol. 7, No. 9, March 2009, pp.4-5, 11.

“Trafficking in Nuclear Materials: Criminals and Terrorists,” Robert J. Bunker, ed Criminal-States and Crime-Soldiers, London and New York: Routledge, 2008, pp.216-232.

“Human Security and Human Trafficking,” in Anna Jonsson ed. Human Trafficking and Human Security, London and New York: Routledge, 2008, pp. 10-25.

“Addressing the Links of Crime and Terrorism, “ in Proceedings of the Second International Symposium Global Terrorism and International Cooperation Ankara: Turkish General Staff Center of Excellence Defence Against Terrorism Publications, 2008, pp.161-177.

“Youth, Crime and Terrorism,” in Political Violence, Organized Crimes, Terrorism and Youth ed. M. Demet Ulusoy Amsterdam, Berlin, Oxford, Tokyo, Washington, D.C.: IOS Press, 2008, pp.133-40.

“The Crime of Human Trafficking,” Center for Global Studies Review, Vo.4, no.2, Summer 2008, pp.12-14.

“The Nexus of Organized Crime and Terrorism: Two Case Studies in Cigarette Smuggling.” (With Sharon A. Melzer) International Journal of Comparative and Applied Criminal Justice Vol.32, No.1 (Spring 2008), pp.43-63.

“The Government Bureaucracy, Corruption and Organized Crime: Impact on the Business Community,” in Kathryn Hendley, Remaking the Role of Law: Commercial Law in Russia and the CIS, Huntington, N.Y. Juris, 2007, pp. 41-61.

“The Unholy Trinity: Transnational Crime, Corruption and Terrorism,” in Umberto Gori and Ivo Paparela Invisible Threats: Financial and Information Technology Crimes and National Security Amsterdam, Berlin, Oxford, Tokyo, Washington, D.C. (NATO series): IOS Press, 2007, pp. 100-107.

“Human Trafficking as A Form of Transnational Crime,” in Maggy Lee, Human Trafficking, Devon and Oregon: Willan Publishing, 2007, pp. 116-37.

“Georgian Organized Crime,” in Organised Crime and Corruption in Georgia edited by Louise Shelley with Erik R. Scott and Anthony Latta , London and New York:Routledge, 2007, pp. 50-68.

“Organized Crime and Terrorism,” (with John T. Picarelli) in Jeanne K. Giraldo and Harold A. Trinkunas, eds. Terrorism Financing and State Responses A Comparative Perspective Stanford: Stanford University Press, 2007, 39-55.

“The Rise and Diversification of Human Smuggling and Trafficking into the United States,” in Kimberley L. Thachuk ed Transnational Threats in Arms, Drugs, and Human Life Westport, Conn. And London: Praeger Security International, 2007, pp.194-210.

“The Divergent Organized Crime of Eastern Europe and the Soviet Successor States,” in Kauko Aromaa and Terhi Viljanen, eds.,Technical Assistance, Crime Prevention, Organized Crime Presentations at the HEUNI 25th Anniversary Symposium (January 2007) and at the Stockholm Criminology Symposium (June 2007), Helsinki: The European Institute for Crime Prevention and Control, affiliated with the United Nations (Heuni), 2008, Paper No. 28, pp.51-56.

“La Trinidad No Santa:delincuencia transnacional, corrupcíon y terrorismo,” in Caderno CRH (Centro de Recursos Humanos), Salvador. V. 20, n.49. (Jan-April 2007)

“Border Issues: Transnational Crime and Terrorism” in Borders and Security Governance Managing Borders in a Globalized World eds. Marina Caparini and Otwin Marenin Zurich: Lit Verlag, 2006, pp. 255-69.

“The Drug Trade in Contemporary Russia.” China and Eurasia Quarterly, Vol. 4, No. 1 (2006), pp. 15-20.

“Organized Crime Groups: ‘Uncivil Society’” in Russian Civil Society: A Critical Assessment eds. Alfred B. Evans, Jr., Laura A. Henry, and Lisa McIntosh Sundstrom. Armonk, N.Y.: M.E. Sharpe, 2006, pp.95-109.

“Trafficking in Nuclear Materials: Criminals and Terrorists,” Global Crime Vol. 7 (no. 3-4 August-November 2006), pp.544-560.

“Criminal Acts,” (with Robert Orttung) Bulletin of the Atomic Scientist Sept.-Oct. 2006, pp.22-23.

“Crime and Terrorism in the Black Sea Region,” in Istanbul Conference on Democracy and Global Security. Ankara Turkey: ONCU Press, 2006, pp. 182-185.

Louise I. Shelley (with Svante E. Cornell), “The Drug Trade in Russia,” in Andreas Wenger, Jeronim Perovic, and Robert W. Orttung, eds., Russian Business Power: The Role of Russian Business in Foreign and Security Relations, London: Routledge, 2006, pp. 196-216.

“Countering Terrorism in the US: The Fallacy of Ignoring the Crime-Terror Nexus,” in Robert W. Orttung and Andrey Makarychev, eds. , National Counter-Terrorism Strategies Legal, Institutional and Public Policy Dimensions in the US, UK, France, Turkey and Russia. Amsterdam:IOS Press, 2006, pp.203-212.

“Le crime transnational, une menace pour les États?”, Les Grands Dossiers des Sciences Humaines, No. 2, mars, avril, mai, 2006, pp. 20-23.

“The Globalization of Crime and Terrorism,” in The Challenges of Globalization, an Electronic Journal of the US State Department, February, 2006.

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contact

  • Terrorism, Transnational Crime and Corruption Center (TraCCC)
    George Mason University
    3351 Fairfax Drive MS3B1, Rm. 712,
    Arlington, VA 22201, USA

  • +1 703 993-9749

  • lshelley@gmu.edu

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Dirty Entanglements

Corruption, Crime, and Terrorism

LOUISE I. SHELLEY

George Mason University

CAMBRIDGE UNIVERSITY PRESS
32 Avenue of the Americas, New York, NY I0013-2473, USA
Cambridge University Press is part of the University of Cambridge.
It furthers the University's mission by disseminating knowledge in the pursuit of education, learning, and research at the highest international levels of excellence.
www .cambridge.org
Information on this title: www.cambridge.org/9781107689305
©Louise I. Shelley 2014
This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press.
First published 2014
Printed in the United States of America
A catalog record for this publication is available from the British Library.
Library of Congress Cataloging in Publication Data
Shelley, Louise I.
Dirty entanglements: corruption, crime, and terrorism I Louise I. Shelley.
pages em
ISBN 978-1-107-01564-7 (hardback)-ISBN 978-1-107-68930-5 (paperback)
I. Terrorism-History-21st century.  2. Political corruption-21st century.
3· Crime-History-21st century.  4· International relations-21st century.  I. Title.
HV643 I.S46864  2014
363.325-dc23  2014002080
ISBN 978-1-107-01564-7 Hardback
ISBN 978-1-107-68930-5 Paperback
Cambridge University Press has no responsibility for the persistence or accuracy of URLS for external or third-party Internet Web sites referred t6 in this publication and does not guarantee that any content on such Web sites is, or will remain, accurate or appropriate.

Introduction

In mid-January 2013, a coalition of diverse jihadi groups seized control of the In Amenas gas field in Eastern Algeria, close to the Libyan border. The field provides 5 percent of the gas produced in Algeria. The attack, blessed by ai-Qaeda in the Mahgreb (AQIM), a powerful al-Qaeda affiliate, revealed the power of the radical Islamists to take control of a large and economically important site with more than eight hundred employees. The attack is believed to have been planned by Mokhtar Belmokhtar, who started a splinter group from AQIM not long before the attack.

Operating under a policy that prohibited negotiation with terrorists, the Algerian state launched a military siege against the gas facility that resulted in high numbers of casualties. More than thirty attackers died, and at least three dozen hostages from eight countries also perished. The well-armed assailants had terrorized the hostages before their rescue or death.

These are the simple facts of the case. Yet this single act of terrorism epitomizes the main principles of this book, that the interaction of crime, corruption, and terrorism is having a tremendous impact on both security and the global economy. This attack-designed to command international attention-was characteristic of contemporary security threats, where the challenge comes from nonstate actors rather thin governments. This attack was a strike at the core of the Algerian economy yet caused numerous foreign casualties. It reveals the consequences of globalization, where foreign investment and workers from diverse countries are placed in ever more remote locales and unstable regions, especially as the world seeks to tap ever more distant sources of oil and gas. Carried out in a lightly guarded desert locale,5 it reveals the strategic thinking of the terrorists. They were willing to carry out what was almost certainly a suicide mission to advance their goals by attacking an oil facility employing citizens from many different countries. Yet they did this with advanced weaponry that they had acquired and knew how to deploy.

The January attack of 2013 is reflective of a "new terrorism," discussed more in Chapter 3, that is more spectacular in its operation and its victimization, but also in its global economic effects. The hostages killed came from at least three continents-North America, Europe, and Asia. American, British, French, Japanese, Norwegian, Filipino, and Romanian victims were identified.

The attackers reportedly came from at least seven countries, including Algeria, Chad, Egypt, Mali, Mauritania, Niger, and Canada. They entered from Libya, which presently lacks adequate border controls. The presence of two Canadians reveals the capacity of Islamic militant organizations to recruit not only regionally but also globally. The target was even more global than was revealed by the nationalities of the terrorists and their victims. The In Amenas gas field was operated by companies based on four continents, including BP, Statoil of Norway, and Sonatrach (the Algerian national oil company), and was serviced by many international firms. The Japanese engineering firm JGC Corp helped service the field, which explains why the Japanese, despite being far from their home country, suffered the largest number of fatalities.

Globalization has created a world where international  businesses from diverse countries, employing citizens from around the globe, can combine in such a remote locale as In Amenas. But globalization has also created a world in which money, arms, and people move readily across borders, making such sites vulnerable.9 This operation required extensive advanced planning and logistics to move significant numbers of people and arms long distances across borders to this desert site.

Recent decades have seen a decline of borders, as there have been greater efforts to promote trade and move massive amounts of goods. The decline of the border in the In Amenas case was a consequence of the absence of state function in In Amenas after the Arab Spring and the ousting of Qaddafi. In many other cases, the decline of borders is  a result of the retreat of the state, u  in which less control has been exercised over national territory. In the developing world, these borders are often artifacts of colonial rule and other historical legacies rather than defensible geographic divisions of people and cultures.

Postcolonial Africa epitomizes this problem, as many of the borders of African states are artificial constructs of the colonial era. With little national desire to police these boundaries, and few financial incentives for law enforcement to perform their joos effectively,' significant corruption prevails at the frontiers. Consequently, without law enforcement capacity to police movements of people, the radical Islamists were able to enter into Algeria, allegedly from Libya, without problems. Many of the arms used came from Qaddafi-era Libya, but they could be moved to diverse locales in Africa, largely unimpeded, because of the absence of effective controls in the chaos that followed the Arab Spring.

Assisting in the movement of people and the smuggling of goods are the Tuaregs, a tribal people who have traditionally moved cargo across the desert. Having fought for Qaddafi, many escaped from Libya. With their displacement after the Arab Spring, they forged an alliance with AQIM that exploited their talents in transporting and smuggling goods, arms, and people across the desert and avoiding border controls. They have helped AQIM take control of northern Mali.

The Tuaregs are just one element of the extensive network that facilitated this attack. Although Belmokhtar claimed credit for the assault on In Amenas, in reality, the group that assaulted the gas field united a heterogeneous group behind a shared objective. Those who participated and facilitated the assault included  jihadists, ethnic rebels, and diverse criminal groups. This network construction is representative of the new face of terrorism that combines criminal and terrorist elements with unclear and often hybrid identities in spaces where they can operate together.

The In Amenas attack was justified as a reprisal against the French attacks on AQIM in Mali, but the advanced planning needed for the gas field attack negates this claim. The corruption in Mali has been of concern for years, as its leaders have cut secret deals with AQIM. The significant financial resources of AQIM, derived from its extensive and diversified criminal activity, have allowed the organization, through corruption and force, to create a safe haven for itself in a large part of Mali.

The presence of crime-terror groups in the Sahel is not just a problem of safe havens in weak and loosely governed states. It also reveals the interaction of crime and terrorism with the legitimate economy and the complicity of the corporate world in the financing of terrorism. AQIM, as discussed in reference to the business of terrorism, has profited enormously from kidnapping. The kidnapping of Canadians and Europeans in North and West Africa by insurgent groups, including AQIM, have provided massive funds for these groups, as the payments have totaled approximately $r3o million in the last decade, paid by Britain, Germany, Italy, Spain, France, Austria, Sweden, and the Netherlands. This money has been paid both by governments on Continental Europe and by corporations. The money has often come from companies whose workers have been kidnapped, however, insurance firms ultimately are the stakeholders who pay out large ransoms after Western corporations have bought expensive antikidnapping policies. The ransom profits have provided the insurgent and jihadi groups enormous capacity in an environment in which labor and
trafficked arms from Libya are cheap.

As is  discussed subsequently, some analysts of the crime-terror problem seek to define the problem as one linked to weak and fragile states. But as this Algerian and AQIM example illustrates, without the financial support and complicity of financial institutions in the developed world, insurgent groups would not have the capability to carry out such expensive attacks. Therefore, companies are not only the victims of terrorist attacks, such as in In Amenas, but are also facilitators of this insurgent activity through their large payments to insurgent groups. This illustrates that crime and terrorism intersect with the legitimate economy in diverse ways.

Kidnapping is  not the only activity that has supported AQIM, although it may be its largest revenue source. Belmokhtar, the strategist behind the In Amenas attack, has been identified as a "jihadi gangster," a special distinct type associated with AQIM that combines terrorist objectives with significant illicit activity. He has also been referred to as "Mr. Marlboro" for his large role in the lucrative illicit cigarette trade in North Africa, discussed further in Chapter 7.

But kidnapping and cigarettes are just part of this criminal panoply that also includes extortion and arms and drugs smuggling, also analyzed in Chapter 6. The diversity of criminal activity that supports this jihadi activity in Africa reveals that drugs are not the central funding source for terrorism, although they receive a disproportionate amount of attention in strategies that
seek to address terrorist financing.

All of this illicit cross-border trade can only function because of large and pervasive corruption. Examining the world map of corruption released by Transparency International for 2012 reveals that the Sahel-Sahara region, as well as the adjoining regions of North, West, and central Africa, experience high levels of perceived corruption. Libya, the source of the smuggled arms, is one of the most corrupt countries in the world. With this low level of state capacity, the political will is not present to control crime, terrorism, or the increasingly complex structures built of these ingredients.

The force of the Algerian assault against the militants is a consequence of its past history of conflict with terrorists, the training of its military leadership by the Soviet armed forces, and the strategic importance of the gas fields to Algeria's economy. Its policy of nonnegotiation is a legacy of its conflict with Islamic insurgents in the 1990s, which is estimated to have claimed anywhere from 30 to  15o,ooo lives. The huge oil and gas industries are pillars of the Algerian economy. They represent 98 percent of its export revenue and 70 percent of its national budget. Therefore, this attack on the energy production of Algeria undermines the economic and political viability of the state. As a major supplier of gas to Europe, the assault on this gas field challenges the security and dependability of gas needed by the European community for its daily life. Therefore, the jihadis are not just striking at individual hostages, as in the past, but are undermining the economic security of Algeria and Europe. The political and economic significance of this attack far surpasses that of previous terrorist acts in Algeria.

Themes of the Book

The central themes of this analysis - the importance of historical legacies, the centrality of state corruption, and networks to the problems of crime and terrorism-are woven throughout the book. The intersection of crime, terrorism, and corruption with the legitimate economy, and the impact that these phenomena have on economic growth, employment, security, development, and the sustainability of the planet, are analyzed in many regions of the world. The increasing challenges to international security from corruption and nonstate actors, which have a complex and interdependent relationship, are presented in different locales throughout the book. Within this analysis, there is a leitmotif that terrorist attacks, but also responses to terrorism, are often accompanied by serious violations of human rights.

Entanglement

This book also introduces the fundamental concept of entanglement, a term first used by Erwin Schrodinger in I 9 3 5 for a surprising degree of interconnectedness in quantum systems, and in many ways reminiscent of the kinds of important and enduring interactions we are seeing among crime, corruption, and terrorism. According to the concept of entanglement, when two systems, of which we know the states by their respective representatives, enter into temporary physical interaction due to known forces between them, and when after a time of mutual influence the systems separate again, then they can no longer be described in the same way as before, viz. by endowing each of them with a representative of its own ... By the interaction the two representatives [the quantum states] have become entangled.

The concept is "no mere quantum quirk of interest only to physicists, its peculiar possibilities have caught the attention of investment bankers and information entrepreneurs." Yet it is also strikingly parallel to the interactions we are describing and analyzing in the human realm. Once the three phenomena of crime, corruption, and terrorism converge, as we saw In Amenas, they are fundamentally transformed as they evolve into the future. As with the quantum systems, the interacting human components can be separated in the physical world, even by significant distances, but a change in one element is  rapidly reflected in the others. This is the enonnous challenge the international community faces in addressing the problems epitomized by In Amenas. Once the entanglement occurs, the elements continue to influence each other even when they are apart-hence we have enduring "dirty entanglements."

The Developing World

The In Amenas attack illustrates another concept that will recur throughout the book - deadly interactions of crime, terrorism, and corruption may occur most frequently in the developing world. But in the contemporary globalized world, these interactions do nof exist in isolation. Rather, it is not only that many of the victims of In Amenas came from the developed world but that the financial support provided by the ransom payments gave the terrorists the working capital for their activity. African governments were dismayed at these payments in the past but were powerless to stop them. American officials had also tried to dissuade the Europeans from making these payments.

"Through examples, current and past, Louise Shelley provides a much needed understanding of the relationship among crime, corruption and terrorism, especially the sophistication of non-state actors and terrorists as they operate globally, exploiting technology and global systems. She demonstrates the diverse and damaging impacts to health, poverty, inequality and the planet's sustainability, as well as the perpetuation of social destabilization and conflicts. The importance of strong law enforcement, state institutions, and transparent financial institutions in pre- and post-conflict state building becomes apparent to prevent and address this devastating situation. This exceptional book is a must-read for policy makers, public and business leaders, members of the justice system, and university professors and students in most disciplines."

by

Huguette Labelle, Chair, Transparency International

Human Trafficking

A Global Perspective

 

LOUISE SHELLEY

George Mason University

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Human trafficking : a global perspective I Louise Shelley.
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Introduction

In June 2oo6, the BBC reported that auctions of Eastern European women had been held at Stansted, Gatwick, and other London airports. According to the Crown Prosecution Service, the women were sold for £8,ooo each (then approximately U.S. $15,ooo). The auctions of young women destined for sexual slavery in Britain occurred in open, highly policed locales. One auction even took place in front of a cafe at Gatwick Airport.' Such appalling news reveals that slave markets are no longer history. Once immortalized  in  historical lithographs  and paintings, slave  auctions occurred right outside the city that is the global headquarters for human rights organizations such as Amnesty International and Anti-Slavery.

If the auctioneers had been selling illicit drugs in such a public place, there would have been immediate arrests. Yet there was no such intervention to protect the young women. Ostensibly, the British police are not corrupt and had not been paid off. Why would such auctions be tolerated in a society that was an early advocate of the abolition of slavery? How can this occur in a country that values its contribution to the rule of law? Part of the answer is that Great Britain, like most other countries, did not view human trafficking as se~ious a threat as the international drug trade. Yet these auctions in the United Kingdom as well as deaths of large numbers of smuggled Chinese migrants in two separate cases at the beginning of the century served as a wake-up call! Combating organized immigration crime became a high priority of a new state agency that was created in the United Kingdom to combat serious organized crime. So far, few other countries have yet to allocate the resources needed to fight human trafficking, even though it has become one of the fastest growing forms of transnational crime worldwide.

Auctions of sexual  trafficking  victims may be the  most visibly egregious part of the problem, but they are the tip of an iceberg of a massive international problem of human trafficking that encompasses many diverse forms of exploitation. Humans are also trafficked for labor exploitation, for marriage, for begging, for service as child soldiers, and for their organs.4 Every continent of the world is now involved, and even a country as small and isolated as Iceland, with a population of 25o,ooo, has had human trafficking cases.

Transnational criminals have been major beneficiaries of globalization. Human smuggling and trafficking have been among the fastest growing forms of transnational crime because current world conditions have created increased demand and supply. Migration flows are enormous, and this illicit trade is hidden within the massive movement of people. The supply exists because globalization has caused increasing economic and demographic disparities between the developing and developed world, along with the feminization of poverty and the marginalization of many rural communities. Globalization has also resulted in the tremendous growth of tourism that has enabled pedophiles to travel and many to engage in sex tourism. Trafficking has expanded because the transportation infrastructure is  there and transportation costs have declined. The end of the Cold War resulted in the rise of regional conflicts and the decline of borders,leading to an increased number of economic and political refugees. Furthermore, many rebel groups turned to illicit activity, including human trafficking, to fund their military actions and obtain soldiers. Demand has also increased as producers depend more on trafficked and exploited labor to stay competitive in a global economy in which consumers seek cheap goods and services, including easily available and accessible sexual services.

Supply and demand have created a flourishing business for traffickers. Traffickers choose to trade in humans, as Chapters 3 and 4 discuss more fully, because there are low start-up costs, minimal risks, high profits, and large  demand. For organized crime groups, human beings have one added advantage over drugs: they can be sold repeatedly.

In drug trafficking organizations, profits flow to the top of the organization. With the small-scale entrepreneurship that characterizes much of human trafficking, however, more profits go to individual criminals - making this trade more attractive for all involved.

Human smugglers and traffickers are not always motivated exclusively by profit. Some consciously engage in this activity to fund a terrorist group, a guerilla movement, or an insurgency. Others trade in people to provide suicide bombers.?

Everywhere in the world, the consequences of trafficking are devastating for its victims and the larger community. Those victimized in this open slave market were not only the young women destined for sexual slavery. All of society suffers from such victimization. Other casualties include the principles of a democratic society, the rule of law, and respect for human rights. The degradation of the women in full view of the public deals a direct blow to the rights of women and to gender equality.

The full costs of human trafficking, however, will become evident only in coming decades as the harm compounds and the worldwide recession that began in 2007 reveals its full costs.

Defining the Scale of the Problem

The scale of human trafficking is now significant. Crafting even inexact estimates of the number of people trafficked annually is difficult, at best, because of the covert nature of the problem. Compounding the difficulties in estimation, trafficking is often perpetrated by distinct ethnic groups that are hard for outsiders to penetrate. According to the Government Accountability Office (GAO), many U.S. government estimates of the numbers of trafficked individuals are dubious.

Yet almost every expert on human trafficking and smuggling, whether practitioner or scholar, agrees that the problem is  significant and increasing as both demand and supply for people are rising. The growth of human trafficking and smuggling has been most apparent in the past two decades.

Europe is facing increasing illicit migration from Africa, the Middle East, and Asia, with an estimated 40o,ooo people entering Europe illegally each year. It is estimated that as many as 85o,ooo illegal immigrants have been entering the United States annually since 2ooo, although the number has declined since the onset of the recession in 2007. Many of these illicit immigrants have paid human smugglers and cannot be considered victims of trafficking. But all too often those who pay smugglers become victims of trafficking along the way or on arrival.

In 2004, the U.S. government provided an approximation of the size of the  international trafficking problem, suggesting some 6oo,ooo to 8oo,ooo people were victims of trafficking worldwide, of which 8o percent were female, 50 percent were minors, and 70 percent were trafficked for sexual exploitation.'J As previously mentioned, the GAO criticized these estimates. In 2006, the Trafficking in Persons Report (TIP) attempted to provide alternative statistics, citing data from the International Labour Organization (ILO)  that includes trafficking both across borders and within individual countries. According to their data, 12.3 million people worldwide are in forced bonded labor, child labor, and sexual servitude.

Their report, "A Global Alliance Against Forced Labor," states "9.8 million are exploited by private agents and 2.5 million are forced to work by the state or by military groups." The most numerous victims are in the Asian region, estimated by the ILO to number 9·5 million. ILO estimated that 2. 5 million are victims of human trafficking, of which about two-thirds are women and children trafficked into commercial sexual exploitation. But at least one-third are also trafficked for other forms of economic exploitation. These victims are more often men and boys. UNICEF has estimated that 30o,ooo children younger than age 18 are trafficked to serve in armed conflicts worldwide.

Transnational crime was once synonymous with the drug trade. Yet trafficking in persons is  now perpetrated on such a large scale that it is a prime activity of many transnational crime groups. Like the drug trade, the trade in people is driven, in part, by demand in the developed world. Some transnational crime groups such as the Chinese Triads, Thai, Indian, Pakistani, Nigerian, Mexican, Russian-speaking, Albanian, and Balkan specialize in trading humans. Particularly active in trafficking women for the sex trade are Russian-speaking, Thai, Japanese yakuza.

"A comprehensive and insightful overview of this crime that snares hundreds of thousands of new victims every year. Professor Shelley sidesteps the tear-jerking melodrama that has tempted so many authors on the subject. Her analytical approach to revealing the inner workings of the business provides more than enough drama. This is the book many of us have been waiting for: a serious yet lively volume that will be eye-opening and inspirational to the reader who knows little about the issue while providing new insights to experienced practitioners and academics."

by

Richard Danziger, Head of Counter Trafficking, International Organization for Migration

"Using her unique global network and unparalleled access to informants and data, Louise Shelley has written the single most important volume on human trafficking to date. It provides the most comprehensive and convincing explanation of the causes and consequences of human trafficking that I have read, examines the financial side of human trafficking, and explains how the phenomenon has developed in very different ways across the world's main regions. Her conclusion that human trafficking will continue to grow in the twenty-first century poses an enormous challenge for policymakers to rethink their current approaches."

by

Khalid Koser, Geneva Centre for Security Policy

"Louise Shelley has drawn on her scholarly skills and practical experience to produce an invaluable contribution to our understanding of human trafficking, particularly the trafficking of women and children. Her book not only provides us with a sense of the root causes and motivations of those trafficked as well as the means and methods of the traffickers and their clients, but also offers sound analysis and policy recommendations for governments, international organizations, and private institutions to combat this growing global problem."

by

Ambassador (Retired) Melvyn Levitsky, Professor, Gerald R. Ford School, the University of Michigan

"Human trafficking for the purpose of sexual exploitation is a complex phenomenon that spans the globe. In a masterful scholarly work, Louise Shelley examines the numerous interconnected elements that comprise the crime of human trafficking, including the interplay of supply and demand and the role of transnational organized crime. In a broad, in-depth, and authoritative analysis, Shelley explores the patterns of trafficking in almost every country around the world - reflecting the phenomenon's intimate linkages to the processes of globalization. With this well-documented book, Shelley is filling an important gap in any scholar's, advocate's, or student's library of human trafficking. Hers is an important and timely contribution to a field in which rigorous academic scholarship is critical for effective policymaking and development."

by

Mohamed Y. Mattar, The Protection Project, Johns Hopkins University School of Advanced International Studies

"Trafficking in human beings is modern-day slavery and has become a widespread phenomenon. However, it does not yet rise to the same level of concern as other human rights violations such as torture, or other serious transnational crimes such as drug trafficking. In her excellent and inspiring research, Dr. Louise Shelley demonstrates the seriousness of this crime and helps us better understand the links between organized crime and a globalized economy. Importantly, she also enables us to examine the different features of this crime, including the human dimension, which involves the subjugation and exploitation of socially vulnerable people."

by

Maria Grazia Giammarinaro, Special Representative and Co-ordinator for Combating Trafficking in Human Beings, The Organization for Security and Co-operation in Europe

Human Security, Transnational

Crime and Human Trafficking

In recent years, drug use, illegal migration and human trafficking have all become more common in Asia, North America and Europe: the problems of organized crime and human trafficking are no longer confined to operating at the traditional regional level. This book fills a gap in the current literature by examining transnational crime, human trafficking, and its implications for human security from both Western and Asian perspectives. The book:

  • provides an outline of the overall picture of organized crime and human trafficking in the contemporary world, examining the current trends and recent developments;
  • contrasts the experience and perception of these problems in Asia with those in the West, by analyzing the distinctive Japanese perspective on globalization, human security, and transnational crime;
  • examines the policy responses of key states and international institutions in Germany, Canada, the United States, the European Union, Japan, and Korea.

This book argues that any effort to combat these crimes requires a response that addresses the welfare of human beings alongside the standard criminal law response. It represents a timely analysis of the increasingly serious problems of transnational crime, human trafficking, and security.

Shiro Okubo served as Professor of Law and the Director of the  Institute of International Studies and Area Studies and the Institute of Humanities, Human and Social Science at Ritsumeikan University, Japan. Since his retirement, he serves as a specially appointed professor at the Research Institute of Ritsumeikan University. He is the author of The Individual and Associations as Human Rights Actors in PostWar Japan (Nih on Hyoron-sha Publishing Co., 2003), and co-editor of Challenges to Criminal Justice: Crime and Human Rights in the Borderless Society (Nihon Hyoron-sha Publishing Co., 2001 ).

 

Louise Shelley is  Professor in  the  School of Public Policy at George Mason University, United States; she is  the  founder and  Director of the  Terrorism, Transnational Crime and Corruption Center (TraCCC). She recently published Human Trafficking: A Global Perspective (Cambridge University Press, 2010).

Routledge Transnational Crime and Corruption Series
Published in association with the Terrorism, Transnational Crime and Corruption Center, School of Public Policy, George Mason University, USA
1 Russian Business Power
The role of Russian business in foreign and security relations
Edited by Andreas Wenger, Jeronim Perovic and Robert W Orttung
2 Organized Crime and Corruption in Georgia
Edited by Louise Shelley, Erik Scott and Anthony Latta
3 Russia's Battle with Crime, Corruption and Terrorism
Edited by Robert W Orttung and Anthony Latta
4 Human Trafficking and Human Security
Edited by Anna Jonsson
5 Irregular Migration from the Former Soviet Union to the United States
Saltanat Liebert
6 Human Security, Transnational Crime and Human Trafficking
Asian and Western perspectives
Edited by Shiro Okubo and Louise Shelley

Introduction

Shiro Okubo and Louise Shelley

This book is an outgrowth of research done over a five-year project at Ritsumeikan University on human security carried out with a grant for Scientific Research from the Ministry of Education, Culture, Sports, Science and Technology. It represents a real international collaboration. It develops from previous work published in 200 I by two of the contributors to this volume, Kan Ueda and Shiro Okubo, entitled Criminal Justice under Challenges: Crimes and Human Rights in the Borderless Society (Tokyo: Nippon Hyoron Sha) and from previous work of Louise Shelley and her collaborators at the Terrorism, Transnational Crime and Corruption Center (TraCCC).

Over the course of five years, with support from this project, many international scholars came to Ritsumeikan from Asia, North America, and Europe to present their research and exchange ideas and analysis on transnational crime and human security. The following institutions played a key role in its international development: the Washington College of Law and TraCCC of the American University, Graduate School of International Studies, University of Denver, the University of British Columbia Law School, the International Centre for Criminal Law Reform and Criminal Justice Policy, Canada, and organizations of the United Nations. The results of this project were published in a four volume set in Japan called Human Security and Transnational Organized Crime (Nihonhyoronsha, 2007).

We want to thank Ms. Keiko Yamada, Ms. Kaoru Yamamoto, Ms. Mina Yamamoto, and Mr. Tomokazu Takagi who provided strong support for this project from the Office of Humanities and Social Sciences Research, Ritsumeikan University, Kyoto, Japan. We want to thank Ms. Joyce Horn in Washington, D.C. for her strong editorial support in bringing this book to fruition.

The research published here focuses on particular aspects of this project. It examines the nature of transnational crime and of human trafficking in a comparative perspective. An international human rights and human security perspective shape the analyses presented in this collection. The causes of these problems, the different forms they assume in different societies, and the diverse social and legal policy reactions developed to address them are emphasized. All of the studies document the rise of the problems that they are studying in their countries and their regions. Drug use, illegal migration, and human trafficking have all grown more common in Asia, North America, and Europe in recent decades. Yet in not one of these societies have measures taken to address these problems had a significant impact in stemming their growth.

However, examples are provided ofetforts made to alleviate the suffering of the victims. For example, in Korea more treatment is provided to drug addicts than in the past and in Japan shelters have been opened to help female victims of human trafficking. But as the authors of these studies point out, those who are assisted represent a small minority of the victims. All too often, the criminalization of drug use, human trafficking, and illegal migration, according to the authors, leads to great suffering by the victims. The human security perspective of the book suggests that there needs to be more than a criminal law response to these crimes. A response that addresses human beings and their welfare is crucial in any effort to combat transnational crime, human trafficking, and smuggling.

All of the studies point out the limits of national governments in addressing these transnational problems. But bilateral, regional, and multilateral efforts to combat these problems have also failed to be successful because criminals exploit the loopholes in the legal systems. For example, in many countries, including Japan, punishments are applied only to criminals who commit relatively serious crimes abroad. Moreover, it is hard to punish a foreign criminal who leaves the country after having committed a crime. This allows many transnational criminals to commit human trafficking crimes with impunity. Moreover, some "Internet crimes" (such as trafficking in prohibited goods, gambling, and the display of child pornography) are punished differently in different countries, reflecting cultural and political differences. Therefore, criminals take advantage of the gap in the criminal justice systems between countries. Therefore, the diverse chapters in the collection make it clear that there needs to much more international cooperation in developing and implementing laws and policies to address transnational crime. Examples are given in the Japanese-Thai context and in the European context of measures to counter illegal migration and human trafficking, but these are still too limited in the face of such significant growth of the problems and such significant violations of human rights.

The chapters discuss the development in recent years of regional and international legal frameworks to address transnational crime, human trafficking, and smuggling. The background for these more focused measures came in the years following World War Il with the adoption of the Universal Declaration of Human Rights in 1948 and subsequently the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights Convention on the Elimination of All Forms of Discrimination Against Women. These international agreements laid the groundwork for later and more specific measures to address transnational crime and human trafficking such as the Single Convention on Narcotic Drugs of the UN,

the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and a decade ago the United Nations Convention on Transnational Crime and its accompanying protocols. The Protocol to Prevent, Suppress and Punish Trafticking in Persons, especially Women and Children and The Protocol against the Smuggling of Migrants by Land, Sea and Air are discussed extensively in both the legal framework chapters and the more specific chapters on the manifestation of these phenomena.

The European contributors point out that the European Union treaty establishes the framework for cooperation on diverse forms of transnational crime. More specific legislation has also been adopted by such multilateral European bodies as the European Union and the Council of Europe to address transnational crime. This involved specific targeted bodies as well as legal instruments. Yet this multinational framework to address transnational crime on a regional basis is not replicated in North America or Asia as the chapters from these regions illustrate.

The previously cited legislation, as many of the authors point out, focuses on the coercive role of the state in addressing transnational crime and pays scant attention to those victimized by the criminals. Almost all the contributors point to the need for greater attention to the needs of victims. The chapters analyze what can be done at the national and international level to achieve a more victim-centered approach in the law and in social and legal assistance to the victims. Only by considering these elements can we be addressing transnational crime and human trafficking from a human security perspective.

Organization of the book

The book is organized thematically rather than regionally. In an effort to show the universality of the problems we are confronting and the limitations of the legal response globally, we have divided the book into four parts. Each part of the book brings together authors from different regions of the world- Asia, Europe and North America. This sets the book apart from many that discuss transnational crime, emphasizing the unique regional dimensions of the problem.

The first part lays out the intellectual framework of the book, focusing on the human security dimension of transnational crime. Shiro Okubo explains why human security is such an important concept in Japan in the post World War ll period and how it frames Japanese foreign policy. This focus on the human being and his/her welfare, rather than on military solutions to problems, he believes is particularly suited to addressing transnational crime and corruption because there are so many victims and the harm is not caused by states but by individuals and groups. He argues for a legal framework that is not based on repression but on humanistic concerns. Yvon Dandurand and Vivienne Chin believe that transnational crime needs to be analyzed not just as a threat !£!.national and -international security. They argue for a victim-centered approach to these problems that does not rely exclusively on a law enforcement response. Using Canadian examples, they illustrate how coercive and intrusive approaches are often prioritized to combating transnational crime and terrorism rather than ones that focus on the needs of the individual who suffers as a result of the commission of this crime.

The next two parts of the book focus on the legal response to transnational crime and human smuggling and trafficking. These chapters examine the domestic and international effects of these crimes in the post-Cold War period. Chapters address how the collapse of the Soviet Union, the domestic changes in China, the collapse of the economic bubble in Japan, and the increasing economic discrepancies between the developing and developed world have contributed to the growth of these phenomena. The rise of regional conflicts and the decline of traditional communities are discussed as contributing to these problems. Specific illustrations of these phenomena are provided, such as the greater number of women trafficked from former socialist states and conflict regions in Southeast Asia, the expansion of drug production in China with the lessening of state controls, and many trying to move illegally to Europe to escape endemic poverty and absence of opportunity in their home countries.

The second part on transnational organized crime and the legal response begins with a broad discussion of the topic by Hans-Joerg Albrecht as well as a more specific focus on the German response to the phenomenon. l-Ie points out how the illicit movement of people and goods is part of a larger problem of an illicit economy and the presence of demand for goods and services makes these phenomena hard to control. Like all the authors, he points out the suffering of the victims. He also discusses that while laws and law enforcement are becoming more international, the judicial response remains national. Therefore, this dichotomy makes it hard to respond to these transnational crimes. Joaquin Gonzalez lbarlez discusses the mechanisms adopted in Europe to respond to cross-border crime. These include, for example, Europol established to promote police cooperation and Eurojust to promote cooperation on the judicial level.

A European Anti-Fraud Office (OLAF) was founded to fight fraud in the EU and it has initiated large cases with success. Yet cooperation against transnational crime has not been sufficient to stem its growth or prevent widespread victimization. Like other contributors, he points to the need for an approach centered on the rights of the individual. Kan Ueda discusses the dramatic change in crime and its status within Japan in recent decades. ln the 1980s, Japan was cited as a country with little crime that had been able to successfully control its criminality. This is no longer the case. The shocking crime of the Aum Shinrikyo sect as well as the rise of juvenile delinquency, the drug trade, and human trafficking show that Japan is no longer immune to the crime problems known in other parts of the world. As Sung-Kwon Cho discusses regarding drug trafficking in Korea, Korea's drug problems are appreciably worse than those which exist in Japan. Both authors suggest that the internationalization of Japanese organized crime groups, yakuza, has had an important impact on the rise of the drug trade and drug"ilbuse in Japa11. Professor Ueda suggests that these transnational crimes contradict Japan's conception of itself as a safe country and require the development of both an international and citizen-based approach to these problems. Cho points out that South Korea remains more of a transit country for drugs than a major consumer, although the problems of drug abuse are growing.

He sees the Korean perspective as relying excessively on the criminal law and not providing sutlicient treatment for the victim. The third part, on human smuggling and trafficking, focuses on the regional and international developments of the problem and the contribution of organized crime to its growth. Louise Shelley discusses the reasons for the rise of human trafficking, placing growth of the phenomenon in its economic, political, and social contexts. She points out that rural to urban migration, the rise of regional conflicts, and the

"A compelling read,this book is loaded with current research on transnational crime and human traficking; it also includes many valuable figures and tables. The book is also well organized, which prevents the research from becoming overwhelming... I believe this book has considerable value for any security professional whose company's goods or services cross international boundaries, as well as for those simply interested in learning more about international crime and human trafficking."

by

Kevin D. Eack; Security Management, May 2012

"This well-researched edited volume will not only serve as a base for future studies in human security, transnational crime and human trafficking, but will also be valuable for scholars, students and policy makers concerned with human rights".

by

Kai Chen, College of Public Administration, Zhejiang University, China

Policing Soviet Society

The evolution of state control

 

 

Louise I. Shelley

First published 1996
by Routledge
11 New Fetter Lane, London EC4P 4EE
Simultaneously published in the USA and Canada by Routledge
29 West 35th Street, New York, NY 10001
© 1996 Louise I. Shelley
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Printed and bound in Great Britain by
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All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
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ISBN 0-415-10469-6
ISBN 0-415-10470-X (pbk)

Policing Soviet Society

Policing Soviet Society is the first book to look in depth at the Soviet militia, one of the most vital elements of control within the Soviet state. The book will be a crucial aid to understanding the authoritarianism of the communist system and its legacy for Russia and the successor states.

The militia was created immediately  after the  Russian revolution,  and throughout  the  communist period played a central social, political and economic role in directing and controlling a highly centralized socialist state. It held an important political position during the Stalinist period. Following Stalin's death, crime control became a more serious concern, but the militia remained a key tool of the party and the most immediate form of control over the lives of Soviet citizens. As the communist regime began to collapse, the militia was increasingly thrust into the front line of political conflict, a task it was not suited to perform. Despite the efforts of perestroika to reform it, the collapse of the Soviet state also led to the collapse of morale within the militia.

Louise Shelley deals with questions central to our understanding of recent history and the likely future for Russia and the successor states. Why, she asks, were the  militia and the rest of the  sophisticated Soviet control apparatus unable to prevent the collapse of the USSR? Does Soviet law enforcement provide an undemocratic legacy for the successor states? This fascinating book fills a vital gap in literature on the Soviet legacy. Louise I. Shelley is  Professor at the  Department of Justice, Law and Society and the School of International Service at the American University, Washington, D.C.

Introduction

The quality of policing is the quality of ruling.

- Otwin Marenin

My research on the militia, or non-security police, in Soviet society began in 1984, after the death of Leonid Brezhnev but before the advent of Mikhail Gorbachev and perestroika. At that time, the Communist Party and the Soviet state were still firmly in command of the society and economy of the USSR. By the late 1980s, the authority of the Party and its control apparatus lay in ruins-victims of Gorbachev's failed policy to reform the Communist Party and reinvigorate the Soviet state. The rapid decline of militia power during this crucial period suggests that state control in the Soviet Union had not been as great or as deeply rooted as previously thought.

Prior to perestroika, political and social order was dictated from above by the Communist Party; it did not originate in an institutionalized legal order. The power of the state manifested itself not only in governmental institutions, but in all parts of society. Militia personnel were key actors in the imposition of order from above, forcing citizens to comply with the state's ideological objectives. While the regular police worked to prevent the emergence of a civil society that would allow citizens to escape the ideological control of the Party, citizens were also complicit in their own control - obeying a police force that appeared impossible to oppose.

Crime rates were lower in the USSR than in other societies at comparable levels of economic development for most of its history. From the outside, the Soviet Union appeared to have achieved the impossible: a well-ordered, urbanized, multi-ethnic state. The labor unrest present in almost all industrialized  societies was nearly unknown, private economic activity was suppressed and political protests and ethnic violence were infrequent. Much of the rural population lived in a feudal condition, tied to their agricultural collectives by the passport controls administered by the militia.

The order of the Soviet state was, however, realized at the cost of both economic stagnation-even decline-and the absence of civil liberties known in western societies, a cost that became more apparent as the regime entered its seventh decade. In an effort to revive the economy and political structure of the country, Gorbachev instituted his policy of perestroika in 1987. The reforms of the  perestroika period would, contrary to  Gorbachev's expectations, actually undo the structure of the Soviet state and prepare the way for its dissolution.

Gorbachev sought to promote citizen initiative in the Soviet Union, a goal that could be achieved only by diminishing police controls and Communist Party domination of daily life in Soviet society. Gorbachev naively believed that he could achieve two incompatible objectives when he promised his population democratization and order. Instead, he ended up rescinding the social contract that had provided the basis for consensus in Soviet society. Whereas the Soviet state had previously guaranteed its citizens concrete, if minimal, social benefits (including education, housing and medical care) and a social order secured by a pervasive militia apparatus, under perestroika the state not only reneged on its promise of full employment, it could not even guarantee the personal safety of its citizens.

No social safety net was ever established for Soviet citizens dislocated by dramatic change in  social and economic policy under Gorbachev.

Compounding the  problem of social dislocation, the limited democratization introduced in  the  USSR during the  late  1980s permitted civil society, strangled by the Communist Party and its control apparatus for over seventy years, to reemerge in the Soviet Union. Democratization unleashed powerful forces in Soviet society: social and economic change accelerated, political and social order declined, organized religion revived and private economic activity, once controlled by the militia, was no longer suppressed.

Lacking resources and equipment and straining to  operate in a more democratic fashion, the militia could neither control the emerging forces of civil society nor the rapidly expanding organized criminal activity of the late 1980s and early 1990s. Order in Soviet society proved elusive as crime increased in frequency and severity, labor strikes became common, unregulated economic activity proliferated and ethnic violence broke out with regularity. In contrast to its well-ordered past, the USSR had seemingly regressed to the Hobbesian state of nature where every man was in a continual state of war against his fellow man.

By the late 1980s, the Soviet state could no longer rely on the militia, whose morale and effectiveness had been destroyed by the corruption that had accompanied years of unlimited power. Throughout the  decade the regime attempted to reinvigorate the militia apparatus by purging corrupt personnel, increasing police budgets and enhancing militia powers. Yet these efforts did little to increase the authority of the regular police or to improve it as an institution. By 1990, citizens had even less confidence in the militia than they had in the discredited Communist Party. The militia, moreover, proved incapable of profoundly democratizing as Soviet society began to shed its authoritarian ways, remaining a tool of a state ideology that no longer commanded the respect of the populace. Lacking legitimacy and authority, policemen became victims of the very violence they sought to suppress.

Certain police leaders,  unwilling to  accept their loss  of institutional authority, engineered the coup attempt of August 1991 in a desperate attempt to  recover by force  the  authority lost by the  control apparatus during perestroika. Because Soviet citizens no longer feared the control apparatus, however, the bungled effort of these leaders was doomed to failure before it began. In the absence of effective repression and a genuine basis for social cohesion, the Soviet state could not survive and rapidly dissolved following the failed coup.

The demise of the Soviet Union cannot, of course, be attributed exclusively to  the collapse of the regime's control apparatus. Many experts had long contended that the socialist state was condemned to failure due to its failed ideology, unworkable economic system and legacy of massive repression. Yet the disintegration of the militia apparatus during perestroika facilitated the end of the Soviet state far earlier than acute observers, both inside and outside of the Soviet Union, had anticipated. Understanding the role the militia played in  the Soviet regime is  thus crucial to understanding the collapse of the Soviet state in 1991, as well as its perpetuation in power during the preceding seven decades.

Western scholars have yet to fully analyze the role of the Soviet militia in the formation and perpetuation, much less collapse, of the Soviet state. In the highly controlled society of the USSR, the militia represented the most immediate level of Communist Party and state control over the citizen, a control far  more visible to  the  population than  that  exercised by the more frequently studied security police and military. If one accepts Otwin Marenin's maxim that an examination of the nature of a state requires analysis of its  police and policing the role of the everyday police in the Soviet Union can tell us as much, or more, about the Soviet regime as can the functions of the KGB and the Soviet Army.

The KGB was a pervasive political presence in a society that kept virtually all individual expression in check.

KGB personnel defended communist ideology and imposed the political will of the Soviet state on the citizenry, causing millions to die of starvation during the forced collectivization drive of the 1930s and millions of others to die in labor camps over the life of the regime, to mention but a few results of its work. Complementing both the political power of the KGB and the .military might of the Soviet army were the everyday powers of" the Soviet militia. Although the power of the militia was not as deadly as that of the security police or the armed forces, in many ways it was more pernicious because the militia continually monitored the minutiae of each citizen's daily existence, perpetually interfering in their economic, political and social lives.

The heart of police power in the USSR lay in the passport and registration system administered by the  militia - making the regular police a more tangible presence in the lives of most Soviet citizens than the KGB. Police controls affected every aspect of Soviet citizens' daily lives:  individuals could not move, take a vacation, travel abroad, register their cars or obtain a driver's license without authorization from the police. Prior to perestroika, no real impetus existed to change the authoritarian regulation of daily life in the USSR; almost until the end of the Soviet period, militiamen retained the right to intrude into many details of citizens' private lives, while citizens lacked adequate legal protection against police abuse.

Although the worst abuses of the security police of the Stalinist era were eliminated in the 1950s and 1960s, pervasive police controls of the militia were not addressed in a similar fashion. Consequently, the legacy of the Soviet police state is often more apparent in the daily policing which occurs in the successor states to the USSR today than in the structure and activities of their respective security police forces.

This book surveys the role of the militia in the Soviet Union from the Bolshevik revolution of 1917 to  the dissolution of the USSR in  1991, examining the structure, functions and operations of the regular Soviet police and its impact on Soviet society. The book seeks to prove that, far from being a question of purely historical or academic interest, the nature of Soviet policing is critically important to understanding the authoritarian legacy of the Soviet state in the newly independent states of the former USSR and the formerly communist nations of Eastern Europe.

The analysis of the evolution and operations of the militia presented in this book depicts Soviet police practice as a distinctive form of authoritarian policing. As Chapter 1 suggests, the Soviet militia combined the traditions of continental, colonial and communist policing in a mandate that exceeded that of police in most democratic and even traditional authoritarian societies. Backed by the power of the Communist Party, the Soviet militia not only suppressed individual rights, but imposed a specific state ideology on the population for over seven decades. As a tool of state ideology, the Soviet militia had more in common with the police of fascist states than those of nations without proclaimed ideologies. The analogy with fascist policing cannot go too far, however, because communist ideology assigned the regular police different functions  than  those  awarded to  the  police by fascist ideology. The consolidation of the state and the economy in the USSR, for example, required police regulation of more aspects of everyday life than was the case in fascist societies.

Studies of twentieth-century policing have generally examined police in democratic societies, focusing either on police-state relations or police citizen relationships. Such analytical paradigms are possible because citizens in democratic societies enjoy an autonomy from the state that permits scholars to  make a distinction between these  two  relationships. In an authoritarian society like the USSR, by contrast, the citizen did not enjoy autonomy from the state.

Thus in order to explain the nature of policing in Soviet society, one must examine both the relationship between the militia and the Soviet state and the ways in which militia operations directly affected citizens in their everyday lives.

The natural temptation of scholars to overestimate the importance of their subjects is not an exaggeration in the case of the Soviet militia. The militia did not just control crime in the Soviet Union, it policed the entire society by means of far-reaching functions that touched the life of every citizen. In addition to  shaping police practice throughout the expanse of the Soviet Union, the militia also served as the prototype for the police forces of the socialist countries of Eastern Europe. Although significant variations did exist among the police forces of socialist countries depending on a country's ethnic composition, the extent of permissible private economic activity and property ownership and the degree of political control exercised over civil society, all police forces in the Soviet bloc were structured on the model of the militia in the USSR.

Intricately tied to national politics, each General Secretary of the Communist Party of the Soviet Union established a different tone to policing. The militia were totalitarian in the Stalinist period (inspiring many theories of the twentieth-century police state), became authoritarian in the post-Stalinist period of Khrushchev, and attempted to  democratize under Gorbacbev. Although the USSR was far less of a police state under Brezhnev than under Stalin, the level of social and political control enforced by the Soviet militia was nevertheless greater than in most other industrialized societies during the Brezhnev era. Soviet citizens were simultaneously subordinated to a centralized, one-Party state, a state-owned and directed economy and an official ideology that sanctioned a higher degree of control over everyday life than is possible in most authoritarian regimes.

While the highly controlled Soviet state described in this book has now passed into history, the ultimate failure of its control apparatus - including the militia - to sustain the state does not diminish the influence and power wielded by the  militia for the  seventy-odd years of the  Soviet Union's existence.

SOURCES

This study is heavily dependent on Soviet sources of the perestroika period. The reliance on Soviet materials was more or less a necessity, as western research on the militia bas been extremely limited and direct access to original sources was impo~~ible to arrattge. In the mid-1980s, research for the manuscript depended heavily on interviews with emigre militia personnel living in the United States and Israel (see Appendix, p. 202 for descriptions of interviews and sample interview questions). The Communist Party archives of Smolensk oblast', seized by the Germans in World War II, provided an understanding of militia conduct in the 1920s and 1930s and samizdat publications (unofficial writings circulated illegally in the Soviet Union) helped the author's analysis of the political dimensions of militia work. The author also combed libraries in the United States and Europe for scarce materials on militia structure, legislation and operations. During the initial stages of the author's research, original source materials