New prospects for inter-state co-operation in criminal matters: The Palermo Convention

• Published in: International criminal law review 2003-01, Vol.3 (2), p.151-167
• Main Author: Betti, Stefano
• Format: Article
• Language: English
• Subjects: Discretionary Power; International Cooperation; International Law; Investigations (Law Enforcement); Organized Crime; State Power; Treaties; United Nations
• ISSN: 1567-536X; 1571-8123
• DOI: 10.1163/156753603322336708

Describes the UN Convention against Transnational Organized Crime (the Palermo Convention) as the first successful international effort to address this problem on a global level. As of Oct 2002, 24 states have ratified the Convention, with 16 more needed before it can be enacted. Events leading up to the Palermo Convention are reviewed, noting how various differences of opinion between the states were resolved. Three key features of the Convention are analyzed: (1) a broad notion of the meaning of "criminal organization"; (2) recognition of the myriad sectors in which criminal groups conduct activities; & (3) the objective to battle organized crime as a method or process, regardless of its actual manifestations. Ways that these tenets are reflected in Convention provisions are described. Specific issues regarding international law making & national implementation are addressed, & some potential consequences of entrusting states with a high level of discretionary power are considered; the need for interstate cooperation in such matters is discussed, & a new rationale is offered for such cooperation in the case of organized crime. K. Hyatt Stewart