TRANSNATIONAL ORGANIZED CRIME

Transcription

1 TRANSNATIONAL ORGANIZED CRIME Prof. Dr. Andreas Schloenhardt UNIVERSITÄT ZÜRICH, RECHTSWISSENSCHAFTLICHE FAKULTÄT Wintersemester 2015/16 SYLLABUS Contemporary Crime and Criminal Justice are increasingly characterized by the globalization of criminal activities and international efforts to combat transnational crime. This course explores the international legal framework and best practice guidelines to prevent and suppress transnational organized crime, including trafficking in persons, the smuggling of migrants, drug trafficking and the like. The course outlines and examines the criminalization of these activities and, with the focus on European countries, analyzes national, regional and international efforts to investigate such crime and prosecute offenders. The course is designed to give students a comprehensive understanding of contemporary patterns and characteristics of transnational organized crime and relevant international conventions. The seminars, exercises and working-group sessions during the course invite students to critically reflect on the nature and limitations of international criminal law conventions and understand the rationale of international, regional and domestic policies in this area. The course seeks to improve communication, presentation, and research skills. The course enhances students abilities to research policy documents and legal material, critically analyze legislation, case studies and scholarly writing, present research findings to an academic audience, and elaborate practical recommendations for law reform and policy change relevant to the subject area. TABLE OF CONTENTS 1 General Course Information Course Details Times & Venues Teaching & Learning Methodology Course Coordinator... 2 Prof. Dr. Andreas Schloenhardt Aims and Outcomes Course Aims Learning Outcomes Course Material Required Reading Supplementary Material Course Content & Schedule Day #1: Introduction to the Course Day #2: Transnational Organized Crime Characteristics and Criminalization Day #3: Drug Trafficking... 4

2 2 4.4 Day #4: Trafficking in Persons; Smuggling of Migrants Assessment Course Grading Overview Class Participation and Exercises (all students) Oral presentation (Masters students only) Take-home assignment (Bachelor students only) Research Topics (Masters students only) GENERAL COURSE INFORMATION 1.1 Course Details Times & Venues Introduction - Vorbesprechung Thursday, 29 October :15am-12:00pm room RAI-F-041 Main teaching days Tuesday, 15 December :00-7:00pm room KOL-G-217 Wednesday, 16 December :00-7:00pm room KOL-G-217 Thursday, 17 December :00-7:00pm room KOL-G Teaching & Learning Methodology This course is delivered in seminar-style. Seminars are a forum where, within an analytical framework offered by the course coordinator, students can explore concepts relevant to the topic, examine how relevant policies and laws work, and how relevant skills are put to use. Seminars also offer an interactive forum within which to explore in greater depth the issues relating to transnational organized crime and to engage with other students and the course coordinator in analyzing this issue. As an interactive learning forum, the seminars are dependent upon all students being prepared to engage with the course material, to collaborate with each other and the course coordinator, and to share their ideas and opinions in independent and constructive ways. In a negative sense, the seminars are not for delivering an exclusive and exhaustive account of the material that students need to learn, or read material that students can read themselves. 1.2 Course Coordinator Prof. Dr. Andreas Schloenhardt Universität Wien, Rechtswissenschaftlich Fakultät, Institut für Strafrecht und Kriminologie Schenkenstrasse 4, 1010 Wien, Österreich ( , andreas.schloenhardt@univie.ac.at The University of Queensland, School of Law Brisbane Qld 4072, Australia ( , a.schloenhardt@uq.edu.au Andreas Schloenhardt is Professor of Criminal Law in the School of Law at The University of Queensland in Brisbane, Australia and Professorial Research Fellow in the Faculty of Law, Department of Criminal Law and Criminology at the University of Vienna, Austria. He is also a consultant to the United Nations Office on Drugs and Crime (UNODC) in Vienna, Austria, and a visiting professor at the University of Zurich and the University of St Gallen, Switzerland. Prior to

3 3 his position at The University of Queensland, he was a lecturer at The University of Adelaide Law School. Andreas holds a PhD in Law from The University of Adelaide. Andreas principal areas of research include criminal law, organized crime, migrant smuggling, trafficking in persons, narco-trafficking, terrorism, criminology, and immigration and refugee law. He is the author of many books and journal articles and his work is frequently cited by other scholars, in government reports, and judicial decisions, including the High Court of Australia. His recent work focuses on organized crime legislation and international efforts to prevent and suppress migrant smuggling and trafficking in persons. Andreas is a frequent commentator on national television, radio, and in newspapers. At The University of Queensland, Andreas coordinates the Human Trafficking and Migrant Smuggling Working Groups. Andreas has held adjunct appointments and visiting professorships at Bucerius Law School, Hamburg (2013), the National University of Singapore Faculty of Law (2011), The University of British Columbia, Vancouver ( ), and the Monterey Institute of International Studies, Monterey, CA ( ). In , Andreas was a recipient of a Fellowship from the Winston Churchill Memorial Trust. 2 AIMS AND OUTCOMES 2.1 Course Aims This course is designed to give students a comprehensive understanding of contemporary patterns and characteristics of transnational organized crime and relevant international conventions in this field. The focus of this course is with the criminology of transnational organized crime, international conventions to combat transnational crime, and domestic efforts to implement and enforce this body of law. The seminars, exercises, and working-group sessions during the course invite students to critically reflect on the nature and limitations of international criminal law conventions, and understand the rationale of international, regional and domestic policies in this area. Moreover, the course seeks to improve communication, writing, and research skills. The course enhances students abilities to research relevant material, critically analyze legislation, case studies and scholarly writing, lead discussion, and elaborate practical recommendations for law reform and to policy change relevant to the subject area. 2.2 Learning Outcomes After successfully completing this course students should be able to:! Have a general understanding of the nature, characteristics and contemporary patterns of transnational organized crime.! Have a comprehensive knowledge of the sources of relevant international law, domestic legislation, case law, government sources, and scholarly writing in this field of study.! Understand relevant government policies in this field and in related areas.! Identify and structure relevant issues and present them logically.! Work individually on designated tasks and topics and present outcomes in written and oral form.! Develop informed, coherent strategies for law reform and policy change in this field of study.! Discuss topical issues in an open forum.

4 4 3 COURSE MATERIAL 3.1 Required Reading Prior to commencing the course, students will be given access to all the required reading material for this course. The course material will be provided in a single pdf file. Students are expected to download, read, and reflect on this material in preparation of each class. The required reading material for each module of the course is set out in Part 4 of this syllabus. 3.2 Supplementary Material Each part of the course is accompanied by visual material (including PowerPoint presentations and videos), in-class exercises, and a range of supporting documents. For pedagogical reasons, some material will not be released in advance. 4 COURSE CONTENT & SCHEDULE 4.1 Day #1: Introduction to the Course Thursday, 29 Oct :15am Reading Material Introduction to the Course Introduction of participants; outline of the course Allocation of research topics UN Convention against Transnational Organized Crime UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children UN Protocol against the Smuggling of Migrants by Land, Air and Sea 4.2 Day #2: Transnational Organized Crime Characteristics and Criminalization Tuesday, 15 Dec :00pm Reading Material Transnational Organized Crime Patterns and Characteristics Criminalizing Organized Crime UN Conference of the Parties to the United Nations Convention against Transnational Organized Crime, Working Group of Government Experts on Technical Assistance, Criminalization of Participation in an Organized Criminal Group (article 5 of the Convention against Transnational Organized Crime), UN Doc CTOC/COP/WG.2 (23 May 2015) Student presentations 4.3 Day #3: Drug Trafficking Wednesday 16 Dec 2015 Drug Trafficking Illicit drug markets

5 5 4pm Reading Material National responses International law relating to narcotic drugs and psychotropic substances UNODC, World Drug Report 2015 (2015) executive summary Alfred M McCoy, From Free Trade to Prohibition: A Critical History of the Modern Asian Opium Trade (2000) 28 Fordham Urban Law Journal 307 Student presentations 4.4 Day #4: Trafficking in Persons; Smuggling of Migrants Thursday, 17 Dec 2015 Reading Material Trafficking in Persons; Smuggling of Migrant Defining trafficking in persons vs smuggling of migrants; Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children Protocol against the Smuggling of Migrants by Land, Air and Sea Andreas Schloenhardt & Jarrod M Jolly, Trafficking in Persons in Australia: Myths and Realities (LexisNexis, 2013) Chapter 3 Andreas Schloenhardt & Jessica E Dale, Twelve Years On: Revisiting the UN Protocol against the Smuggling of Migrants by Land, Air and Sea (2012) 67 Zeitschrift für öffentliches Recht 129 Student presentations 5 ASSESSMENT 5.1 Course Grading The assessment in this course focuses on the knowledge, skills, and competence of students based on the learning objectives and graduate attributes articulated at the start of this syllabus. Students will be graded on a scale from 0 to 100% (or grade 6 1). Grade 6 Excellent 5 Very Fail Criteria As for 5, with consistent evidence of substantial originality and insight in identifying, generating and communicating competing arguments, perspectives or problem solving approaches; critically evaluates problems, their solutions and implications. Demonstrates substantial understanding of fundamental concepts of the field of study and ability to apply these concepts in a variety of contexts; develops or adapts convincing arguments and provides coherent justification; communicates information and ideas clearly and fluently in terms of the conventions of the discipline. Demonstrates adequate understanding and application of the fundamental concepts of the field of study; develops routine arguments or decisions and provides acceptable justification; communicates information and ideas adequately in terms of the conventions of the discipline. Demonstrates clear deficiencies in understanding and applying fundamental concepts; communicates information or ideas in ways that are frequently incomplete or confusing and give little attention to the conventions of the discipline.

6 6 5.2 Overview This course involves two assessment components. Both components must be attempted. The components differ for students in the Masters- and Bachelor programmes. Masters students Class Participation and exercises (25% of final grade) Oral presentation (75% of final grade) Bachelor students Class Participation and exercises (25% of final grade) Take home assignment (75% of final grade) 5.3 Class Participation and Exercises (all students) Each part of this course is interactive with students expected to engage with the course content and material, discuss their experience and thoughts in class, engage actively and constructively in the discussions, and work independently and in small teams on assigned tasks. Most parts of this course involve an exercise or assignment, such as case studies, discussion problems, skills training, et cetera. Given the teaching and assessment method used in this course, students are expected to communicate with each other and the course staff. Students will obtain feedback on their class participation and exercises at the end of the course. The assessment is based on the following criteria: GRADING 6 Very 5 4 Satisfactory Critical analyzis and exploration of relevant issues. Articulate relevant facts and express informed opinions. Contribution to in-class discussions. Preparation and presentation of tutorial problems. Team-work and cooperation with other students. NOTE: Not all grading criteria are of equal weight. 5.4 Oral presentation (Masters students only) All Masters students must work on a designated research topic and present their research findings in class. Students can choose their research topic from a set list set out in Section 6 of this syllabus. Each topic will be assigned a specific presentation date; these dates are not negotiable. Additional information about the projects and modes of presentation (PowerPoint, handouts) will be supplied during the introduction to the course on 29 October Students will be presenting their

7 7 projects between 15 and 17 December 2015 in a 15-minute presentation, followed by a 10-minute discussion with feedback. The assessment is based on the following criteria: GRADING 6 Very 5 4 Satisfactory Introduction and outline of the research project Critical analyzis, exploration of relevant issues Structure and weight of relevant issues Conclusion and recommendations Visualisation and presentation Discussion NOTE: Not all grading criteria are of equal weight. 5.5 Take-home assignment (Bachelor students only) The take home assignment for Bachelor students will involve a short discussion paper. This discussion exercise will focus on an issue of contemporary significance relating to transnational organized crime. The emphasis of this piece of assessment is on research, reflection, discussion, and on developing a balanced argument. Assignments must be submitted no later than 5 January 2016, 12:00 noon. Students will obtain feedback on their assignment. The assessment is based on the following criteria: GRADING 6 Very 5 4 Satisfactory Introduction of the topic Balance of arguments Expression of an informed opinion (content and accuracy) Structure and weighting of relevant issues Overall conclusion (and its feasibility, justification, plausibility, ) Research and referencing

8 8 GRADING 6 Very 5 4 Satisfactory Communication (clarity, expression, spelling, grammar) NOTE: Not all grading criteria are of equal weight. 6 RESEARCH TOPICS (MASTERS STUDENTS ONLY) All Masters students must work on a designated research topic and present their research findings in class. Students can choose their research topic from a the list below. Criminal organizations in Switzerland This project explores and analyzes the available open-source information relating to the types, structure, and operation of criminal organizations in Switzerland. Criminal organization, Article 260ter Penal Code (CH) This project explores and analyzes the rationale, background, evolution, elements, application and interpretation of the offence relating to criminal organizations under Article 260ter of the Penal Code (CH), also taking into account academic literature and judicial interpretations. Switzerland s law enforcement response to organized crime This project outlined and critically examines the mandate and powers of Switzerland s law enforcement agencies insofar as these relate to combatting organized crime. Legalising the cultivation, sale, and possession of cannabis in Switzerland This project examines the current arguments and state of the debate in Switzerland relating to the legalizations of cannabis cultivation, sale, and possession of cannabis. It identifies the main proponent and opponents of legalization and their position on the key issues. Drug legislation in Portugal Portugal is frequently cited as a particularly liberal or progressive jurisdiction in relation to the decriminalization of drugs. This project critically examines the background, evolution, and operation of the current drug offence in Portuguese law. Visas for victims of trafficking in persons There are a number of visas available to victims of trafficking in persons in Switzerland. Some of these visas are contingent upon the participation of the victim in criminal proceedings against their traffickers. This project explores and analyzes the visa regime for trafficking victims in Switzerland and assesses relevant visa classes against the requirements in international law and best practice guidelines. Labour trafficking in Switzerland This project explores and analyzes the available open-source information relating to labour trafficking in Switzerland. This may include, for instance, statistics, case law, government reports, scholarly material, et cetera. Government support for victims of trafficking in persons Victims of trafficking in persons in Switzerland have access to a range of support and assistance measures under government schemes. This project explores and analyzes the assistance available to trafficking victims in Switzerland and assesses current schemes against requirements in international law and best practice guidelines. Smuggling of migrants to Switzerland Switzerland is a destination and transit point for the smuggling of migrants. This project examines the levels and patterns of migrant smuggling to Switzerland, and identifies the main routes and modi operandi used to smuggle migrants into/through/out of Switzerland.

9 9 The Criminal Justice Response to Smuggling of Migrants in Switzerland This project examines the criminal justice response to smuggling of migrants in Switzerland, including relevant criminal laws, law enforcement and border control measures, and the role of the prosecution service and the judiciary. Smuggling of unaccompanied minors There have been many reports that migrant smuggling often involves unaccompanied minors who are sent by their families to gain protection or residence in the destination country and later enable the migration of their other relatives. This project explores the levels and patterns of this phenomenon in the Swiss context, examines the application of relevant laws and regulations, and, where necessary, develops recommendations for law reform and policy change. The offence of smuggling of migrants Article 116 Ausländergesetz (CH) This project explores and analyzes the rationale, background, evolution, elements, application and interpretation of the offence of smuggling of migrants under Article 116 of the Ausländergesetz (CH), also taking into account academic literature and judicial interpretations. Smuggling of migrants to Melilla and Ceuta The Spanish enclaves of Ceuta and Melilla in northern Africa are a frequent destination for many smuggled migrants seeking to reach Europe. This research project examines the unique location and legal status of these enclaves, explores the levels and characteristics of migrant smuggling to Ceuta and Melilla, and assesses the measures taken by the Spanish Government and the European Union to combat smuggling to these enclaves. The Budapest Process The Budapest Process is a consultative forum of more than 50 governments and 10 international organizations exchanging information and best practices on a wide range of migration issues, chief among them those the smuggling of migrants. This project critically examines the background, work, achievements, and output of the Budapest Process. Smuggling of migrants from Kosovo to Europe Kosovo, one of Europe s least developed countries, has been the source of many irregular migrants who left their country because of poverty and unemployment. Many of them are smuggled to Austria and Germany where they hope to find employment and a better life. This project examines the causes and patterns of migrant smuggling from Kosovo and the steps taken by Western European countries to return smuggled migrants to Kosovo and deter others from attempting to do the same.