Legal Responses to Transnational and International Crimes
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Legal Responses to Transnational and International Crimes

Towards an Integrative Approach

Edited by Harmen Van der Wilt and Christophe Paulussen

This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?
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Chapter 3: Is international criminal law an appropriate mechanism to deal with organised crime in a global society?

Héctor Olásolo

Abstract

The structural differences between international and transnational crimes, and between international and transnational criminal law, are not dispelled by the globalisation of transnational organised crime. As a result, the reasons for the different responses provided by international and transnational criminal law to international and transnational crimes remain intact. Nevertheless, this does not prevent the most serious acts of violence by clandestine business structures from amounting to international crimes, in particular crimes against humanity. Consequently, they should receive an appropriate response to their true nature by international criminal law.

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