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8 Int'l Hum. Rts. L. Rev. 1 (2019)

handle is hein.journals/inthurlr8 and id is 1 raw text is: 

 BRILL                         8 (2019) 1-37                       REVIEW
NIJHOFF                                                          brill.com/hrlr

Combating Transnational Organised Crime through

International Human Rights Law

        Tom Obokata
        Professor of International Law & Human Rights; School of Law,
        Keele University, Staffordshire, ST5 5BG


This article explores the key obligations imposed upon States under international hu-
man  rights law to combat transnational organised crime. It begins by highlighting a
number  of human rights which are affected by various forms of organised crime, such
as the rights to life, liberty and security, health, property, culture, as well as the prohibi-
tion on slavery/forced labour and other inhuman or degrading treatments. The article
then analyses the key obligations imposed upon States under international human
rights law, with particular reference to (1) investigation, prosecution and punishment,
(2) protection of victims and (3) prevention. The main conclusion reached is that in-
ternational human rights law is indeed useful as it encourages States to adopt a holistic
approach capable of addressing the complex and multi-faceted nature of transnation-
al organised crime beyond simple criminal justice responses.


Transnational Organised Crime - State obligations - investigation - protection -

I       Introduction

Transnational organised crime is a global problem. Every single State is affect-
ed one way  or another as the origin, transit or destination for illicit proceeds,
goods  and even  people. Wherever  crimes are committed,  the  involvement
of highly sophisticated organised criminal groups is recognised. The known

@ KONINKLIJKE BRILL NV, LEIDEN, 2019  DOI:10.1163/22131035-00801003

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