Terrorism and Multinational Criminal Justice

1. 17 Terrorism and Multinational Criminal Justice

2. Comparative Criminologists • Criminologists who study crime and criminal justice on a cross-national level • By contrasting native institutions of justice with similar institutions in other countries, procedures and problems in one system can be reevaluated in the light of world experience

3. Ethnocentrism and Criminal Justice • Ethnocentric • Holding a belief in the superiority of one’s own social or ethnic group and culture • Only recently have students of criminal justice begun to look at the justice systems of other cultures • Traditional methods of data collection could be offensive in other cultures

4. Data Collection Issues • The crime rates of different nations are difficult to compare • Differences in definitions • Diverse crime reporting practices • Political influences on the reporting of information to international agencies • Social, cultural, and economic differences among countries compound these difficulties Adapted from Carol B. Kalish, International Crime Rates, Bureau of Justice Statistics Special Report (Washington, DC: BJS, 1988).

5. International Reporting • Interpol and United Nations • The only international organizations that regularly collect crime statistics from a large number of countries • No way to check the accuracy of the data provided • Some countries only provide partial reports • Reports are often delayed Adapted from Carol B. Kalish, International Crime Rates, Bureau of Justice Statistics Special Report (Washington, DC: BJS, 1988).

6. Islamic Law • Islamic law descends directly from the teachings of the Prophet Muhammad and is a system of duties and rituals founded on legal and moral obligations • Not the same thing as jihad • Bears no intrinsic relationship to acts of terrorism committed by misguided zealots with Islamic backgrounds J. Schact, “Law and Justice,” The Cambridge Encyclopedia of Islam, Vol. 2, p. 539, from which most of the information in this paragraph comes. Available at http://www.fordham.edu/halsall/med/schacht.html (accessed July 1, 2011).

7. Islamic Justice Philosophy • A sacred trust, a duty imposed on humans to be discharged sincerely and honestly • Justice is the quality of being morally responsible and merciful in giving everyone his or her due • A mutual respect of one human being by another • From this perspective, a just society is one that offers equal respect for individuals through social arrangements made in the common interest of all members

8. Islamic Justice Philosophy • An aspect of the social bond that holds society together and transforms it into a brotherhood in which everyone becomes a keeper of everyone else and each is held accountable for the welfare of all • A command from God • Whoever violates God’s commands should be subject to strict punishments according to Islamic tradition and belief Sam S. Souryal, Dennis W. Potts, and Abdullah I. Alobied, “The Penalty of Hand Amputation for Theft in Islamic Justice,” Journal of Criminal Justice, Vol. 22, No. 3 (1994), pp. 249–265.

10. Globalization and Crime • The internationalization of trade, services, investments, information, and other forms of human social activity, including crime • Fed by instant communications and rapid travel • Led by multinational corporations whose operations span the globe

11. Transnational Crime • Unlawful activity undertaken and supported by organized criminal groups operating across national boundaries • UN requirements: • It is committed in more than one country • It is committed in one country but a large part of the preparation, planning, direction, or control takes place in another country

12. Transnational Crime • It is committed in one country but involves an organized criminal group that engages in criminal activity in more than one country • It is committed in one country but has substantial effects in another country National Institute of Justice, Asian Transnational Organized Crime and Its Impact on the United States (Washington, DC: NIJ, 2007), p. 1.

14. Extradition • The surrender by one state or jurisdiction to another of an individual accused or convicted of an offense in the second state or jurisdiction • Not all countries are willing to give suspects over to the U.S. • It is not common practice, but the forcible removal of criminal suspects is more likely with suspected terrorists

15. Human Smuggling and Human Trafficking • Human smuggling • Illegal immigration in which an agent is paid to help a person to cross a border undetected in order to obtain financial or other benefits for the smuggler • Human trafficking • Sex trafficking/trafficking for labor, services by use of force, fraud, or coercion • Does not necessarily include crossing of international borders Sex trafficking is defined separately under U.S. Code, Title 22, Section 7102 (8); (9); (14).

17. Terrorism • A violent act or an act dangerous to human life, in violation of the criminal laws of the U.S. or of any state, that is committed to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives • Cyberterrorism • Narcoterrorism Federal Bureau of Investigation, Counterterrorism Section, Terrorism in the United States, 1987 (Washington, DC: FBI, 1987).

18. Terrorist Groups • Domestic terrorists • Militias • Extremist groups • Ecoterrorists • International terrorists

19. Combatting Terrorism • After the 9/11 attacks the U.S. government enacted the USA PATRIOT Act and it was reauthorized in 2006 with some amendments • Created new crimes such as terrorist attacks against mass transportation and harboring or concealing terrorists • Homeland Security Act of 2002 created the federal Department of Homeland Security

20. Combatting Terrorism • DHS coordinates the operations of 22 domestic agencies • Immigration enforcement is a major function of DHS and the department continues its focus on border security, travel, and trade • U.S. Coast Guard plays an important role in securing the nation’s ports U.S. Department of Homeland Security, Fiscal Year 2013, Budget in Brief (Washington, DC: DHS, 2013), http://www.dhs.gov/ xlibrary/assets/mgmt/dhs-budget-in-brief-fy2013.pdf (accessed May 15, 2013).

21. Counterterrorism Strategy • Two-pronged approach • Reduce the scope of operations of terrorist organizations • Reduce their capability • Creation of the National Intelligence Director and the National Counterterrorism Center The NCTC was established by executive order in 2004, although Congress codified the NCTC in the Intelligence Reform and Terrorism Prevention Act of 2004 and placed the NCTC within the Office of the Director of National Intelligence.

22. The Future of International Terrorism • Terrorist groups are active throughout the world • The CIA reports that by “2015 terrorist tactics will become increasingly sophisticated and designed to achieve mass casualties” • Failed or failing states are prime breeding grounds for terrorism Central Intelligence Agency, National Foreign Intelligence Council, Global Trends, 2015: A Dialogue about the Future with Nongovernment Experts (Washington, DC: U.S. Government Printing Office, 2000).