The Legal Relationship between Terrorism and Transnational Crime

International Criminal Law Review, Vol. 17, No. 3 pp. 417-452, 2017

Sydney Law School Research Paper No. 17/37

27 Pages Posted: 5 May 2017 Last revised: 27 Jul 2017

See all articles by Ben Saul

Ben Saul

The University of Sydney Law School

Date Written: May 4, 2017

Abstract

This article examines the legal relationship between terrorism and other transnational crimes. It considers how terrorist groups instrumentally commit other transnational crimes in order to support their terrorist activities, as well as when terrorist acts can qualify as other transnational crimes. The overlap and differentiation between terrorism and transnational organised crime is explored by reference to the UN Transnational Organised Crime Convention 2000 (UNTOC) and its three protocols on human trafficking, migrant smuggling, and firearms trafficking. The article examines the distinction between politically motivated terrorism and the financial or material benefit that is central to the UNTOC definition. Beyond the UNTOC, the article investigates the relationship between terrorism and a cluster of more disparate transnational crimes, including drug trafficking, illicit trafficking in cultural property, illicit exploitation of natural resources and environmental crimes, and kidnapping for ransom. The article identifies gaps in existing legal regimes.

Keywords: Terrorism, Transnational Organized Crime, Drug Trafficking, Human Smuggling, Migrant Trafficking, Firearms Trafficking, Money Laundering, Corruption

JEL Classification: K10, K30, K33

Suggested Citation

Saul, Ben, The Legal Relationship between Terrorism and Transnational Crime (May 4, 2017). International Criminal Law Review, Vol. 17, No. 3 pp. 417-452, 2017; Sydney Law School Research Paper No. 17/37. Available at SSRN: https://ssrn.com/abstract=2962832

Ben Saul (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

HOME PAGE: http://https://sydney.edu.au/law/about/people/profiles/ben.saul.php

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