The Prerequisite of Personal Guilt and the Duty to Know the Law in the Light of Article 32 ICC Statute

Transnational Organized Crime and the UN Convention

“…Bringing to light the need for improved international regulators, frameworks, and better capacity building by States will include new tools and strategies for combating impunity. 2 Because it undermines both the internal stability and social/economic conditions, "the issues of fighting against transnational organized crime affect all states without exception. Therefore, "the formation of national legislation in this area should consider the international experience in combating this phenomenon and utilize international legal acts that serve as the basis for creating not only specific norms but also a national policy to counteract transnational organized crime."…”

“…During the time of negotiations, some delegations proposed the necessity of definition of "transnational organized crime," and one state party offered its meaning as "transnational organized crime is any serious crime that either has ramifications in more than one country or is perpetrated in any one country by an organized criminal group operating from the territory of another country." 32 Some common characteristics of the definitions in academic writings include (1) the commission of crimes, in some cases limited to certain types; (2) the type of organization, in some cases rigid, hierarchical, and disciplined; (3) violence or the threat of violence, such as muscle, fear, and intimidation, or the need for an enforcer; and (4) corruption. 33 T There is no such a time bar and the specific perpetrator in this definition.…”