TRANSNATIONAL ORGANIZED

CRIME
DEFINITION & MEANING
Dr Muhammad Ibrar
 Introduction
The definition of transnational crime rather overlaps with
organized crime which is often broadly defined which is the
nature of the mafia gang. In the past, transnational crimes
were often perceived as organized crimes.
Due to the definition of transnational crimes committed across
borders between states. This requires planning, preparation,
and networking.
However, nowadays information technology and internet media
have played an important role in people's livelihood.
Technology is used to commit crimes without the need to act as
a group. Also, the various information technology networks that
 …Contd.
For example, using computer viruses which may
hack into or disable a system. This is a criminal
offense that is done across borders that violates
security and order. Thus, organized crime is a form
of transnational crime.
However, although the definitions are divided
between transnational crime and organized crime,
It seems quite clear that organized crime is a
matter of the individual and the structure of the
group in which it is committed, whereas
 Definition of Transnational
Organized Crime (TOC)
In 1995, the United Nations (UN) defined transnational crime as
offences “whose inception, perpetration and/or direct or indirect
effects involve more than one country”. In 2000 the UN
Convention on Transnational Organized Crime defined an offence
as transnational if it met one of these four conditions:
a. if it is committed in more than one state,
b. if it is committed in one state but a substantial part of its
preparation, planning, direction, or control takes place in another
state,
c. if it is committed in one state but involves an organized criminal
group that engages in criminal activities in more than one state,
and finally,
 …Contd.
Transnational crimes therefore involve offences that cross
international borders or which affect the interests of more than
one state. It can be distinguished from domestic crime (offences
that occur within a single national jurisdiction) and international
crime (offending that is recognised in international law and against
the world community). Examples of international criminal offences
that are subject to prosecution are those that threaten world order
and security, crimes against humanity and fundamental human
rights, war crimes, and genocide. For example, in 2001 the
International Criminal Tribunal for the former Yugoslavia reached a
verdict that the rape and sexual enslavement of women and girls
in eastern Bosnia and Herzegovina that occurred in 1992
constituted crimes against humanity.
…Contd.
Transnational Organized crime refers to criminal
activities that occur across national borders and
involve multiple countries in their commission,
organization, or impact. These crimes can include
drug trafficking, human trafficking, money
laundering, and cybercrime, which challenge
traditional law enforcement and legal frameworks as
they require international cooperation and
coordination for effective response and prevention.
…Contd.
Transnational organized crime refers to those self-
propagating associations of individuals who operate
transnationally for the purpose of obtaining power,
influence, monetary and/or commercial gains, wholly or
in part by illegal means, while protecting their activities
through a pattern of corruption and/ or violence, or
while protecting their illegal activities through a
transnational organizational structure and the
exploitation of transnational commerce or
communication mechanisms. There is no single
structure under which transnational organized criminals
 …Contd.
The crimes they commit also vary. Transnational
organized criminals act conspiratorially in their
criminal activities and possess certain
characteristics which may include, but are not
limited to:
• In at least part of their activities, they commit
violence or other acts which are likely to threaten,
or make actual or implicit threats to do so;
• They exploit differences between countries to
further their objectives, enriching their organization,
…Contd.
• They attempt to gain influence in government, politics,
and commerce through corrupt as well as legitimate
means;
• They have economic gain as their primary goal, not
only from patently illegal activities but also from
investment in legitimate businesses; and
• They attempt to protect both their leadership and
membership from detection, sanction, and/ or
prosecution through their organizational structure.
Why is it Transnational?
The term "transnational" highlights the fact that these criminal
networks operate across borders and geographies. They are active
in all countries—rich and poor, North and South, developed and
developing. They illegally move people, goods, and money across
borders, whether smuggling drugs from one country to another,
trafficking people across continents, or laundering money through
offshore accounts.
While the activities of transnational organized crime take many
forms, the ramifications are often the same: weakened
governance, corruption, lawlessness, violence, and ultimately,
death and destruction.
Convention against Transnational Organized Crime

In a world dealing with the growing threat of organized crime,

the UN Convention against Transnational Organized
Crime (UNTOC) stands as a critical line of defense. Also known
as the Palermo Convention, it is the only global, legally binding
instrument through which governments commit to acting and
cooperating against this crime.
Adopted by the UN General Assembly in November 2000 and
entering into force in September 2003, UNTOC has been ratified
by 192 states, making it one of the world’s most widely
accepted treaties. It has led to increased international
cooperation, enabling countries to work together to investigate
complex criminal networks, extradite offenders, and recover
…Contd.
Transnational organized crime groups are
constantly evolving, exploiting new
technologies and opportunities. UNTOC
was designed with this in mind, providing
a flexible framework that can be applied
to both existing and emerging crimes. This
adaptability allows the Convention to
address a wide range of criminal activities,
from drug trafficking and human
Key Provisions:
1. Definition of Organized Crime: The convention defines organized crime as a structured group
of three or more persons, existing for a period of time, with the aim of committing one or more
serious crimes.
2. Crimes Covered: The convention covers a range of crimes, including:
a. Corruption
b. Money laundering
c. Trafficking in persons
d. Smuggling of migrants
e. Illicit trafficking in firearms
3. Obligations of States Parties: States parties are required to:
i. Establish domestic laws and regulations to prevent and combat organized crime
ii. Cooperate with other states in investigations, prosecutions, and extradition
iii. Provide training and technical assistance to build capacity
…Contd.
Protocols: The Palermo Convention has three protocols:
1. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children
2. Protocol against the Smuggling of Migrants by Land, Sea and Air
3. Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and
Components and Ammunition

Impact:
The Palermo Convention has been instrumental in:
1. Harmonizing laws and policies: Encouraging states to establish common laws and policies
to combat organized crime
2. Enhancing international cooperation: Facilitating cooperation among states in
investigations, prosecutions, and extradition
3. Raising awareness: Increasing awareness about the threats posed by organized crime and
the need for collective action
International Day against Transnational Organized
Crime - 15 November

On 15 November 2024, the world marks the

first International Day for the Prevention of and Fight
against All Forms of Transnational Organized Crime
(TOC), established by General Assembly resolution 78/267. This
day highlights the urgent need for global solidarity to counter
the rising threat of organized crime, which undermines peace,
security and progress toward the Sustainable Development
Goals (SDGs).
Criminal networks are exploiting global vulnerabilities on a vast
scale—from human trafficking to environmental destruction and
cybercrime. Organized crime operates across borders, posing
serious challenges that no country can tackle alone.