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

----- 直面影子国家：国际有组织犯罪的国际法视角

ISBN: 9780198823933 出版年：2018 页码：305 Decoeur, Henri Oxford University Press

This thesis explores avenues of action to address the phenomenon of state organised crime through international law. In certain countries, senior state officials acting in their official capacity use the material and human resources of the state to facilitate or participate in organised criminal activities, in pursuit of policy objectives or personal profit. The thesis shows that existing international criminal law instruments on organised crime and corruption are inadequate to address this phenomenon, and sketches proposals to develop an international legal framework for its suppression.The thesis describes the phenomenon of state organised crime, discussing its context, its actors, its means of commission and its underlying motives. Drawing on criminalisation theory, it argues in favour of establishing state organised crime as an international crime, on account of the deleterious effect that this phenomenon has on international peace and security, human rights, and the rule of law. The thesis further makes a practical argument for developing international legal responses against state organised crime, highlighting the formal, procedural and substantive limits of the existing law, and drawing attention in particular to its expressive failure. It then discusses possible courses of action to suppress state organised crime at the international level. It proposes the adoption of a universal treaty requiring states parties to criminalise the use by senior public officials of state resources for criminal purposes, and to either investigate or extradite suspected offenders. The thesis also considers the potential role of the UN Security Council in requiring states to criminalise state organised crime and to freeze the assets of suspected offenders. Finally, it discusses the potential role of international criminal courts and tribunals in prosecuting perpetrators.