摘要:The United Nations Convention Against Transnational Organised Crime and its Protocols are not human rights instruments in themselves, but have instead been described as providing “treaty framework to help states unite to combat transnational organised crime”.
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2) What do we mean by the term ‘securitisation’ of transnational crime? Do you think policies that ‘securitise’ TNC are useful?
In basic terms, the securitisation of transnational crime means the movement of legislative bodies from viewing crime in a cultural, social, economic and/or legal context to viewing transnational crime as a matter of national security.
The Copenhagen School defines the concept of securitization: “Securitization refers to the process of presenting an issue in security terms, in other words as an existential threat”. Transnational crime may be presented as an existential threat to the security of nations through the discourse that political leaders utilise, but also through others. Transnational crime has been referred to as a security issue in the academic literature. McFarlane and McLennan claimed in 1996: “Transnational crime is now emerging as a serious threat in its own right to national and international security and stability”.
In modern times, forms of transnational crime in the Asia Pacific have been securitized - that is, represented by policy elites and security actors as crucial or existential threats to national and regional security.
At the first summit of ASEAN heads of state and government held in Bali in 1976 President Suharto declared: “Our concept of security is inward looking, namely, to establish an orderly, peaceful and stable condition within each territory, free from any subversive elements and infiltration, wherever their origins may be”. Galeotti has recently indicated that “the struggle against organized and transnational crime will be the defining security concern of the twenty-first century”.
As Emmers states “transnational crime poses a threat to states, national economies and civil societies.” He provides the example of non-state actors using terrorism to promote their political causes. In his opinion the groups are able to gain strength from their ability to forge links across national boundaries and in turn are able to threaten national sovereignty and the integrity of independent states with the result that they can effectively threaten the survival of the governments of those states. However, it is not just terrorism which may be ‘securitized’, other forms of transnational crime affect states and their societies. As Emmers again
notes, “drug trafficking and money laundering reduce a government’s capacity to govern, weaken the credibility of financial institutions and undermine social order”.
Nevertheless, Emmers has also expressed the opinion that the problem of transnational crime could be dealt with more effectively if it was approached primarily as a criminal matter rather than as a security issue. He notes that the concept of securitization of transnational crime can work better in some nations than others, depending on the commitment shown by those nations to tackle transnational crime in a security driven way.
Comparing the US and the ASEAN states he says that in the US the securitization rather than the criminalization of terrorism has allowed the US to use more traditional security responses against al-Qaeda, with the obvious rhetoric being “War on terror”. It may therefore be argued that where a state is prepared to tackle transnational crime in traditional, often military, ways, policies that securitize transnational crime are indeed useful.
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