Lines, Flows and Transnational Crime: Toward a Revised Approach to Countering the Underworld of Globalization

In this article, we develop a new framework for combating transnational criminal activity. We argue that global illicit flows, perpetrated by organized crime, in the interstices of lawful trade and travel, embody a critical and debilitating non-state security threat in today’s world, one that the Westphalian international system of sovereign states remains ill-equipped to confront. Accordingly, we seek to generate a wider discussion in the field regarding a revised approach to this threat that is situated within a global framework of collaborative law enforcement which incorporates, in appropriate fashion, certain military and counter-terrorist strategies.

The propositions we advance in support of a revised approach to countering transnational crime and its globalized web-enabled criminals include: (a) terrorism is one species of transnational crime; (b) the criminal justice model of arrest, prosecution, conviction and incarceration is a partial and insufficient response to transnational crime; (c) national security and law enforcement functions should be viewed analytically as a “public security” continuum rather than disciplines separated by bright lines; (d) countering transnational criminal organizations effectively may require development of a hybrid law enforcement/military capacity and new strategic and tactical doctrines, including safeguards against abuse, to govern its deployment; (e) joint border management within nations and between them, coordinated with the private sector, is required and inter-agency cooperation and multilateral institutions must be strengthened in accordance with new international norms and (f) North America, a region construed as extending from Colombia to the Arctic and from Bermuda to Hawaii, could develop in the future, together with the European Union, as an initial site for a model pilot of the new approach.