Confronting the Shadow State: An International Law Perspective on State Organized Crime
This book examines the rules and mechanisms of international law relevant to the suppression of state organized crime, and provides a normative justification for developing international legal mechanisms specifically designed to address this phenomenon.

State organized crime refers to the use by senior state officials of the resources of the state to facilitate or participate in organized crime, in pursuit of policy objectives or personal profit. This concept covers diverse forms of government misconduct, including strategic partnerships with drug traffickers, the plundering of a country's resources by kleptocrats, and high-level corruption schemes.

The book identifies the distinctive criminological characteristics of state organized crime, and analyses the applicability, potential, and limits of the norms and mechanisms of international law relevant to the suppression of state organized crime. In particular, it discusses whether the involvement of state organs or agents in organized crime may amount to an internationally wrongful act giving rise to the international responsibility of the state, and highlights a number of practical and normative shortcomings of the legal framework established by relevant crime-suppression conventions.

The book also sketches proposals to develop an international legal framework designed to hold perpetrators of state organized crime accountable. It presents a normative justification for criminalizing and suppressing state organized crime at the international level, proposes draft provisions for an international convention for the suppression of state organized crime, and discusses the potential role of the UN Security Council and of international criminal courts and tribunals, respectively, in holding perpetrators accountable.

Providing the first comprehensive analysis, from the perspective of international law, of a phenomenon so far mainly studied by criminologists, this study would appeal to researchers, social activists, and policy makers alike.
1127833561
Confronting the Shadow State: An International Law Perspective on State Organized Crime
This book examines the rules and mechanisms of international law relevant to the suppression of state organized crime, and provides a normative justification for developing international legal mechanisms specifically designed to address this phenomenon.

State organized crime refers to the use by senior state officials of the resources of the state to facilitate or participate in organized crime, in pursuit of policy objectives or personal profit. This concept covers diverse forms of government misconduct, including strategic partnerships with drug traffickers, the plundering of a country's resources by kleptocrats, and high-level corruption schemes.

The book identifies the distinctive criminological characteristics of state organized crime, and analyses the applicability, potential, and limits of the norms and mechanisms of international law relevant to the suppression of state organized crime. In particular, it discusses whether the involvement of state organs or agents in organized crime may amount to an internationally wrongful act giving rise to the international responsibility of the state, and highlights a number of practical and normative shortcomings of the legal framework established by relevant crime-suppression conventions.

The book also sketches proposals to develop an international legal framework designed to hold perpetrators of state organized crime accountable. It presents a normative justification for criminalizing and suppressing state organized crime at the international level, proposes draft provisions for an international convention for the suppression of state organized crime, and discusses the potential role of the UN Security Council and of international criminal courts and tribunals, respectively, in holding perpetrators accountable.

Providing the first comprehensive analysis, from the perspective of international law, of a phenomenon so far mainly studied by criminologists, this study would appeal to researchers, social activists, and policy makers alike.
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Confronting the Shadow State: An International Law Perspective on State Organized Crime

Confronting the Shadow State: An International Law Perspective on State Organized Crime

by Henri Decoeur
Confronting the Shadow State: An International Law Perspective on State Organized Crime

Confronting the Shadow State: An International Law Perspective on State Organized Crime

by Henri Decoeur

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Overview

This book examines the rules and mechanisms of international law relevant to the suppression of state organized crime, and provides a normative justification for developing international legal mechanisms specifically designed to address this phenomenon.

State organized crime refers to the use by senior state officials of the resources of the state to facilitate or participate in organized crime, in pursuit of policy objectives or personal profit. This concept covers diverse forms of government misconduct, including strategic partnerships with drug traffickers, the plundering of a country's resources by kleptocrats, and high-level corruption schemes.

The book identifies the distinctive criminological characteristics of state organized crime, and analyses the applicability, potential, and limits of the norms and mechanisms of international law relevant to the suppression of state organized crime. In particular, it discusses whether the involvement of state organs or agents in organized crime may amount to an internationally wrongful act giving rise to the international responsibility of the state, and highlights a number of practical and normative shortcomings of the legal framework established by relevant crime-suppression conventions.

The book also sketches proposals to develop an international legal framework designed to hold perpetrators of state organized crime accountable. It presents a normative justification for criminalizing and suppressing state organized crime at the international level, proposes draft provisions for an international convention for the suppression of state organized crime, and discusses the potential role of the UN Security Council and of international criminal courts and tribunals, respectively, in holding perpetrators accountable.

Providing the first comprehensive analysis, from the perspective of international law, of a phenomenon so far mainly studied by criminologists, this study would appeal to researchers, social activists, and policy makers alike.

Product Details

ISBN-13: 9780198823933
Publisher: Oxford University Press
Publication date: 07/17/2018
Series: Oxford Monographs in International Law
Pages: 302
Product dimensions: 9.30(w) x 6.30(h) x 0.90(d)

About the Author

Henri Decoeur, Avocat, Paris Bar Association

Henri Decœur is a lawyer specializing in international criminal litigation, in matters relating to human rights, organized crime, terrorism, and corruption. He holds a PhD from the University of Cambridge, an LLM from McGill University, and a BA in comparative law from Université Paris Nanterre. He has worked for international criminal courts and tribunals, and practices law as a licensed member of the Paris Bar.

Table of Contents

IntroductionState organized crime1. The phenomenon of state organized crimeThe limits of applicable international law2. State responsibility for state organized crime3. International criminal law instruments for the suppression of organized crime and corruption4. The limits of applicable crime-suppression conventionsInternational legal mechanisms for the suppression of state organized crime5. A normative justification for establishing state organized crime as an international crime6. A convention for the suppression of state organized crime7. The potential role of the UN Security Council in the suppression of state organized crime8. The potential role of international criminal tribunals in the suppression of state organized crimeConcluding remarks
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