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Begin New Search Topic Law Enforcement Publication Year within 25 Years

51. The Political Economy of Law Enforcement

Author:
Matías Dewey, Cornelia Woll, and Lucas Ronconi
Publication Date:
01-2021
Content Type:
Research Paper
Institution:
Max Planck Sciences Po Center on Coping with Instability in Market Societies (MaxPo)
Abstract:
The legal order is the legitimate foundation of liberal democracy. Its incomplete enforcement of the law can therefore appear dysfunctional, reflecting weak institutions, state capture, and corrupt practices. This paper casts doubt on such categorical assessments by systematically examining the reasons for and intentions behind incomplete enforcement. It argues that law enforcement is part of the political process that is deeply affected by the constellation of actors concerned. Choices over law enforcement produce social order that is analytically distinct from the production of legal norms and their formal implementation. By analyzing different types of partial enforcement, its rationales, and intended effects, we propose an approach that studies law enforcement as an integral part of public policy analysis and of the study of socioeconomic orders.
Topic:
Economics, International Political Economy, Law Enforcement, Law, Police, and Legal Sector
Political Geography:
Europe and Global Focus

52. Early Warning Brief: Introducing the “New, New” China Coast Guard

Author:
Ryan D. Martinson
Publication Date:
01-2021
Content Type:
Policy Brief
Institution:
The Jamestown Foundation
Abstract:
In the past decade, the China Coast Guard (CCG, 中国海警, zhongguo haijing) has experienced two major reforms. The first, which began in 2013, uprooted the service from the Ministry of Public Security—where it was organized as an element of the People’s Armed Police (PAP)—and placed it under the control of the State Oceanic Administration (SOA), a civilian agency. In the process, the CCG was combined with three other maritime law enforcement forces: China Marine Surveillance (CMS), China Fisheries Law Enforcement (CFLE), and the maritime anti-smuggling units of the General Administration of Customs. The resulting conglomerate was colloquially called the “new” CCG, differentiating it from the “old” CCG of the Ministry of Public Security years. The second reform began in 2018, when the “new” CCG, now swollen with the ranks of four different forces, was stripped from the SOA and transferred to the PAP, which itself had just been reorganized and placed under the Central Military Commission (CMC) (China Brief, April 24, 2018). While much research has been done on the first reform, little is known about the second, at least in the English-speaking world. This article seeks to answer basic questions about the “new, new” CCG. What are its roles/missions, organization, and force structure? How does it differ from the CCG of the SOA years? How is it similar? What progress has been made two years after the second reform began?
Topic:
Law Enforcement, Armed Forces, Reform, and Borders
Political Geography:
China and Asia

53. Anti-money laundering in Albania: What role for civil society?

Publication Date:
07-2021
Content Type:
Policy Brief
Institution:
Institute for Democracy and Mediation (IDM)
Abstract:
Topics related to money laundering and terrorist financing are not new to civil society, academia and especially the media in Albania. While the latter (media) has often reported on the phenomenon , law and economics researchers have addressed both topics, although they have done so less frequently in the context of research initiatives. Civil society, on the other hand, has been more passive regarding the phenomenon and measures against money laundering (AML), or those against terrorist financing (CFT). Except for several research organizations engaged in the field of security, anti-corruption or prevention of violent extremism, concepts such as AML / CFT became widely known to civil society actors a few years ago, when Albania took additional steps to meet the standards of Recommendation 8 of the Financial Action Task Force (FATF). Specifically, this recommendation suggests that FATF member countries should improve the legal framework for non-profit organizations to prevent their misuse for financing terrorism. Furthermore, the issue of money laundering is most frequently addressed in public discourse and various research reports mainly in the context of confiscation of assets and illicit proceeds generated by organized crime. However, money laundering is yet to be examined in the context of high-level corruption and state capture, increased reporting on organized crime, illegitimate interests intertwined in politics, economics and beyond. The fight against law enforcement institutions against criminal groups and other “traditional” or contemporary challenges (e.g. cryptocurrencies) suggest that the AML / CFT capacities of state institutions need additional support, new skills, in-depth analysis and alternative sources of knowledge.
Topic:
Civil Society, Crime, Law Enforcement, Financial Crimes, and Money
Political Geography:
Europe and Albania

54. Our Identities under Arrest

Author:
Kellyn Botha
Publication Date:
12-2021
Content Type:
Special Report
Institution:
ILGA World (International Lesbian, Gay, Bisexual, Trans and Intersex Association)
Abstract:
Arrests and prosecutions for consensual same-sex sexual acts, or for diverse gender expressions, continue unabated across the world. And yet, they are considerably under-reported. Our Identities Under Arrest is a brand-new publication by ILGA World offering a global overview of the enforcement of laws criminalising consensual same-sex sexual acts between adults and diverse gender expressions. The report reviews hundreds of cases in which law enforcements subjected LGBT and gender-diverse persons to fines, arbitrary arrests, prosecutions, corporal punishments, imprisonments and more – up to (possibly) the death penalty. Governments often argue that criminalising laws are ‘dormant’, but this report offers evidence that such claims are largely inaccurate. How – and how often – they are enforced can vary abruptly and in unpredictable ways, making both our communities on the ground and asylum seekers who managed to flee live perpetually under threat. The Our Identities under Arrest report will be of great value to the advocacy work of human rights defenders. It will assist asylum seekers and the legal experts working on their cases. And it will provide researchers, media outlets, governmental and global agencies with the necessary information to build a holistic picture of how the criminalisation on the grounds of sexual orientation, gender identity, and gender expression really looks like.
Topic:
Human Rights, Law Enforcement, LGBT+, and Criminalization
Political Geography:
Global Focus

55. Banditry in Nigeria: Insights from Situational Action and Situational Crime Prevention Theories

Author:
Tope Shola Akinyetun
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Conflict Trends
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Insecurity in Nigeria is a recurring phenomenon that threatens the well-being of its citizens. The multipronged occurrence constitutes a bane to development and leads to the proliferation of crime. As a multifaceted quandary, insecurity assumes varying dimensions in different geopolitical zones. The South West is plagued by a surge in cybercrime, armed robbery, kidnapping, domestic crime, extrajudicial killings, herder-farmer conflicts, ritual killings, and banditry. The South East is a haven for ritual killings, commercial crime, secessionist agitation, kidnapping, herder-farmer clashes, attacks by unknown gunmen, and banditry. The South remains threatened by militancy, kidnapping, and environmental agitation. The North East has been subject to a humanitarian crisis lasting over a decade and caused by the Boko Haram insurgency and the Islamic State in West Africa Province. Meanwhile, the North West is enmeshed in illegal mining, ethnoreligious killings, and banditry. It is, therefore, an axiom that insecurity in Nigeria has assumed a disproportionate geopolitical stance and that it has claimed thousands of lives and extensive damage and loss of property.
Topic:
Security, Crime, and Law Enforcement
Political Geography:
Africa and Nigeria

56. When armies enforce the law: Why the Ghana armed forces play a role in domestic security

Author:
Peter Albrecht, Fiifi Edu-Afful, and Festus Aubyn
Publication Date:
12-2021
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
The Ghana Armed Forces play a significant role in domestic security. To fully comprehend how and why requires a deeper understanding of the way that individual, local, national and regional factors interact. A blurring of the duties of the police and armed forces speaks to a never fully realized separation of who oversees internal and external security. The division of labour between a police force that deals with domestic security concerns and armed forces that defend the borders of a country against external threats has become a generally accepted ideal during the past 150 years. In practice, this separation has been historically tenuous, which was emphasized when the Cold War came to an end, and new security threats such as civil wars and international terrorism emerged. The terrorist attacks on the United States on 11 September 2001 strongly reinforced pressures towards the development of expeditionary security capabilities, which was done partially by expanding the roles and responsibilities of the armed forces in internal security. In Ghana, these international transformations in the role of the armed forces together with the country’s particular history of civil-military relations have led to an expansive set of functions for the Ghana Armed Forces domestically. Today, the armed forces play a consistent role in internal security operations, sometimes referred to in public debates as ‘internal peacekeeping’. Military personnel are deployed to deal with a wide range of law enforcement matters across the country, such as illegal mining, illegal logging, armed robberies (patrolling), and chieftaincy disputes.
Topic:
Security, Law Enforcement, Armed Forces, and Peacebuilding
Political Geography:
Africa and Ghana

57. Two sides of the same coin? International peacekeeping shapes domestic security in Ghana

Author:
Peter Albrecht, Fiifi Edu-Afful, and Festus Aubyn
Publication Date:
12-2021
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
The Ghana Armed Forces are lauded for their contributions to international peacekeeping abroad, but how do those experiences impact security back home? Evidence suggests that there is a mutually reinforcing relationship between international peacekeeping and internal security operations and that international peacekeeping has shaped and legitimised the use of the armed forces within the borders of Ghana. International attention on the Ghana Armed Forces often centres on the benefits that are garnered from engaging in UN peacekeeping missions. Discussions emphasise how missions, especially those deploying in West Africa, have had a stabilising effect on Ghana and framed the armed forces as professional and culturally sensitive. Moreover, emphasis has been on the importance of economic gain – both for individual soldiers and the institution – and on the democratising effect that contributions to peacekeeping have had on the armed forces. Much less publicised and discussed internationally is the comprehensive role that the armed forces are directed to play in internal security operations, mainly by Ghana’s political elite. Even less attention, inside and outside the country, has been given to how international peacekeeping and internal operations are connected and shape one another; they are strinkingly similar, and also mutually reinforcing. This connection has gradually intensified since the end of the Cold War, as the number and activities of both types of military practice – peacekeeping and internal operations – have multiplied and expanded.
Topic:
Security, Law Enforcement, and Peacekeeping
Political Geography:
Africa and Ghana

58. Understanding the Encryption Debate in India

Author:
Anirudh Burman and Prateek Jha
Publication Date:
09-2021
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Encryption has become a contentious instrument for protecting the security and confidentiality of online communication. Rapid digitalization in the past decade has led to the proliferation of domestic and foreign online communication services that use encryption and, consequently, pose challenges to national security bodies and law enforcement agencies (LEAs). To address these challenges, the Indian government introduced new regulations in February 2021. These regulations require large social media platforms to enable traceability, or the ability to provide information concerning the originator of online communications. Technology companies and privacy activists have opposed such a move on the grounds that traceability would require the breaking of the end-to-end encryption used by many online communication platforms like WhatsApp and therefore would compromise the security of online communications on such platforms. This traceability requirement, however, is only the latest development in a drawn-out, contentious debate over the use of encryption. The contestation between maintaining higher degrees of online security and issuing new rules to grant technological exceptions for security agencies and LEAs is not specific to India. One of the first serious discussions on the issue took place in the United States in the 1990s, when public opposition warded off an early government attempt to sidestep encryption protections with a court order. In the past decade, the use of encryption has only grown more pronounced. The revelations that the United States’ National Security Agency was collecting vast amounts of communications data led to the introduction and increased adoption of end-to-end encryption for online communications. End-to-end encryption is now used widely by online communication platforms like WhatsApp, Signal, and Threema. Its use presents law enforcement and national security agencies with new challenges. Even though these agencies today have greater and easier access to more information than ever before, the absolute confidentiality provided by encrypted online communication platforms makes it harder for these agencies to engage in real-time surveillance to investigate crimes and identity wrongdoers. While some policymakers from India and other countries argue that encryption must only be weakened to solve specific problems, most experts agree that, as of today, there is no technological solution that would weaken encryption for specific law enforcement and national security purposes, while managing to maintain preexisting levels of security and confidentiality for general use. The introduction of any mechanism for specific access would, it is claimed, introduce both known and unknown vulnerabilities into these communications platforms. Such a mechanism would have a systemic effect on all online communication dependent on encryption for ensuring security and confidentiality. In India, these developments create challenges in specific ways. For example, India reports the highest number of child pornography cases worldwide, and encrypted communications makes it difficult to identify culpable parties. Similarly, as India has digitized rapidly, there has been a surfeit of fake and offensive online news that has, in some cases, led to mob lynchings. In addition, terrorist networks have been found to be using encrypted communication channels while planning and carrying out terrorist attacks in India. Over the years, the Indian government’s approach to encryption has responded to these concerns in a variety of ways. Indian financial regulators mandated the use of encryption for banking and financial services as they realized the security of such transactions was best protected through encryption. At the same time, the Indian government prohibited telecom operators from implementing bulk or mass encryption in telecommunication services. Starting in 2015, the government introduced different regulatory proposals requiring that messaging platforms and other communication service providers provide plaintext copies of communications to Indian government agencies on request. These proposals, however, faced significant opposition and were withdrawn. Earlier in 2021, the Indian government’s new rules requiring traceability have been officially notified. The mechanisms through which they will be implemented are not yet clear. It is also unclear if these rules are the last demands the Indian government will make to weaken encryption, or whether further demands will arise in the future. To weigh the relative benefits and drawbacks of the Indian government’s proposal, analysts should consider relevant factors such as (but not limited to) whether such changes will offer law enforcement officials the access they desire, how the security of encrypted communications will be affected, and how citizens’ civil liberties will be impacted, among others.
Topic:
Security, National Security, Science and Technology, Law Enforcement, Digitalization, and Encryption
Political Geography:
South Asia and India

59. Policing the Dark Web: Legal Challenges in the 2015 Playpen Case

Author:
Michael Chertoff and Eric Jardine
Publication Date:
11-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
The dark web is now a common platform for criminal activity, especially in liberal democratic regimes. The anonymity of the system gives rise to emergent use as a host of terrorist sites, gun marketplaces, drug bazaars, malicious software fora and pernicious child abuse content boards. Law enforcement can effectively police the dark web through a number of techniques, but the most technologically intensive approaches — known more euphemistically as “network investigative techniques”— raise a number of legal quandaries as their use collides with long-standing legal principles in liberal democratic regimes. Finding ways to minimize the excesses of the dark web through active law enforcement engagement, while also preserving the legal bedrock of liberal democratic societies, is key. The authors explore these issues using the Federal Bureau of Investigation’s 2015 closure of the darknet Playpen child pornography site as a case study.
Topic:
Law Enforcement, Internet, Digital Culture, and Dark Web
Political Geography:
North America and United States of America

60. Migration Management and Border Security: Lessons Learned

Author:
Alan D. Bersin
Publication Date:
09-2021
Content Type:
Policy Brief
Institution:
Migration Policy Institute (MPI)
Abstract:
Two decades into the 21st century, both the European Union and the United States have faced considerable challenges in managing migration and borders. Globally, the number of international migrants has grown considerably, reaching 281 million as of 2020. And large-scale irregular migration has strained the infrastructure, legal systems, and often the social and political fabric of the nations encountering it. This personal reflection, written by a former high-ranking official in the U.S. Department of Homeland Security, examines the strategic lessons that can be learned from recent migration events that have severely stressed border authorities in North America and Europe. Among the topics it explores are: the changing nature of borders and how nation states enforce them; the value of networks and cooperation within government, internationally, and with nongovernmental partners; the challenges of migrant smuggling and trafficking; and the importance of messaging and advanced preparation.
Topic:
Development, Migration, Law Enforcement, Border Control, European Union, Refugees, and Smuggling
Political Geography:
Europe and United States of America