Asia & Middle East
The ‘Silk Road’, also known as the ‘Northern Route’, has become a major trafficking route for illicit
opiates passing through Central Asia while paving the way with heroin, as well smuggling cigarettes,
weapons, and people, causing death and violence (Reyes & Dinar, 2015). Not confined to Central Asia,
massing development of drugs, smuggling, and funding for insurgency has formed outside of
Afghanistan. This resulted from the fall of the Soviet Union along with the show of U. S. and North
Atlantic Treaty Organization (NATO) troops, which created not only a profitable but risk-free
environment suitable for such illicit exploitation (Reyes & Dinar, 2015). Extremist groups such as Islamic
Movement of Uzbekistan and the East Turkistan Liberation Organization in Central Asia are also making
money from this trade, facilitating to increasing amount of corruption and conflict (Reyes & Dinar,
2015). The lucrative business of drug trafficking and attracted these extremist groups which consist of
narco-traffickers, insurgents, and terror organizations. Reyes and Dinar (2015) define narco-traffickers as
those who traffic and distribute narcotics solely for a profit. Insurgents are defined as militants who are
politically motivated and use violence against military personnel in order to replace current government
and political structure. Reyes and Dinar (2015) then point out that the lucrativeness of drug markets
along with regions with weak borders and government assist greatly in the growing network and
convergence of these groups.
Government
A number of states throughout Asia and Middle East, have the foundation of the common-law tradition
while many other states are inspired by the civil-law tradition (Okobata, 2017). Although every stated
has the responsibility for mitigating organized crime of all sorts at the national level, the transnational
level brings about a whole other set of challenges that domestic efforts alone cannot tackle. This reason
clearly shows the need for close and effective international co-operation which, unfortunately, is next to
impossible given such diversity in domestic criminal laws and procedures (Okobata, 2017).
Scope of Crime
Lewis (2014) describe Central Asia combining of the five post-Soviet republics of Kazakhstan, Kyrgyzstan,
Uzbekistan, Tajikistan, and Turkmenistan which consist of several transnational groups: Islamic Jihad
Union; the Islamic Movement of Uzbekistan; and the Jund al-Khilafah, which have been label as
international terrorist groups. The Islamic Movement of Uzbekistan has been considered one of the first
organizations to combine terrorist activity and organized crime, landing the smuggling route the “New
Silk Road” of terrorism and crime which have shown drug trafficking and terrorist groups growing in
tandem (Lewis, 2014). The main differences of these two groups, however, is their motivation. Drug
cartels are motivated only by profit whereas terrorist groups are motivated by politics. Reyes and Dinar
(2015) write that drug trafficking has provided once disparate organizations with financial opportunity
which creates strategic relationship, now merging funding tactics, logistics, and organizational
structures. Now working in concert, these merged organizations engage in the use of terror tactics for
two main reasons: to keep government and law enforcement focused on political issues and problems
instead of opening criminal investigations; and to continue the use of terror as a tool for such groups to
proclaim themselves amongst rival criminal groups (Makarenko, 2004).
Economy
The international discourse that labels the region reference criminal-terrorist connections is reiterated
by elite discourse within the region (Lewis, 2014). For the most part, these connections have developed
between organized crime and terrorism has been narrowed down to specific geographic regions which
indicate a clear interest of criminal and terrorist groups to consistently form relationships in within these
specific geographic regions to guarantee an environment conducive to the needs of both groups
(Makarenko, 2004). Instability within these regions is of great significance: to terrorist due to the fact
that it weakens the legitimacy of governments as seen by the people, who terrorists wish to gain
support from; and to criminal groups pursuing maximization of criminal operations (Makarenko, 2014).
Lewis (2014) reference the Asian governments use of concept of a ‘crime-terror nexus’ (i.e., terroristic
threats, drug trafficking, organized crime, narco-jihad, Islamic extremism and fundamentalism,
insurgency, security, and stability) to legitimize constraining public life and freedom of expression. The
‘crime-terror nexus’ also includes the threatening use of Central Asia’s supply of Soviet weapons to
include biological, nuclear, and small arms. Due to the instability and drug trade in Central Asia,
intensifies with the bartering of drugs-for-weapons and cementing the connection to insurgency (Reyes
& Dinar, 2015).
The ever-increasing arms trade in Central Asia will likely continue to grow at the exit of U.S. and NATO
forces and return of Central Asian militants from the Syrian conflict (Reyes & Dinar, 2015). Global
consequences will be devastating with the combining forces of drug traffickers and organized crime in
already weak or failed states that have become increasingly violent and creating anarchy that allows for
drugs production and trafficking (Reyes & Dinar, 2015). The Middle East neglected to meet the
institutional transformation in which western Europe significantly increased their capacity to pool
resources, therefore, allowing the Middle East government to collapse (Kuran, 2004).
Various Laws
The International Crisis Group named Central Asia, Afghanistan, and Pakistan as part of the ’10 Conflicts
to Watch in 2013’ (Reyes & Dinar, 2015). This increasing relationship among once competitive groups in
the region as well as a planned exit of U.S. and NATO forces from Afghanistan, a growing flow of
narcotics, militants, and refugees is almost certain for Central Asia (Reyes & Dinar, 2015). The
international community has worked to combat groups with treaties such as United Nations
Conventions against Transnational Organized Crime (Obokata, 2017). The significance of this treaty is
that it influences states to implement more effective action in combating transnational organized crime,
through enhancing domestic criminal lays and through promoting international law enforcement co-
operation (Okobata, 2017).
Co-operation is necessary due to the vast amount of discrepancy seen among states. For example,
human trafficking is South Korea faces a minimum of three years imprisonment, sexual offenses against
children in Cambodia face between one and five years in prison, corruption by public officials in Japan
receives five years of imprisonment, whereas this same offense in Tonga faces ten years (Okobata,
2017). Therefore, as mentioned earlier, it is imperative for co-operation and the harmonization of
national criminal laws and procedures as predicted by international law on transnational organized
crime. Such harmonization of laws and procedures has proven resourceful in the European Union to
combat cross-border organized and serious crimes (Okobata, 2017). This harmonization was proven
effective most recently in the Treaty of the Functioning of the European Union. Even then criminal laws
and justice processes vary, those states seem to be more willing to recognize the value and
productiveness of having these harmonious national laws and procedures (Okobata, 2017).
Mitigating Policies
Relationships developed amongst transnational organized crime and terrorism and continue to grow.
These relationships have significant impact with the societies in which they operate. A way of combating
these relationships is to analyze militant and criminal organizations in terms of spatiality, discourse, and
local dynamics of control which Lewis (2004) writes that by analyzing militant and criminal organizations
there will be more of an understanding in the diverse and changing linkages between militant networks,
organized crime groups, and pubic officials. Makarenko (2004) refers to two levels of these relationships
with the first being the alliance. Alliances exist when criminal groups form alliances with terrorist
organizations, and terrorist groups form alliances with criminal organizations. These alliances often
include established ties when seeking help with knowledge, money laundering, counterfeiting, bomb
making, operational support, or access to smuggling routes (Makarenko, 2004). Such alliances have
increased benefits for organized criminals by destabilizing the political structure, while undermining law
enforcement and limiting the possibilities for international cooperation (Makarenko, 2004).
International law on transnational organized crime, such as United Nations Conventions against
Transnational Organized Crime and other treaties, has proven significant role in the harmonization in
domestic criminal laws and procedures (Okobata, 2017). One of the ways to promotes harmonization is
to define common terms that are relevant to law enforcement, streamline crime offenses, seriousness
of the nature of crime, all lead to smoother investigations, prosecutions, and punishment which reduce
safe havens for criminals (Okobata, 2017). Punishment is a significant aspect of co-operation. Okobata
(2017) refer to several advantages: various forms of organized crime will yield similar punishment which
can prevent organizations from searching for networks; reduces situations in which criminals receive
lesser punishment for the same crime, therefore enhancing a sense of fairness; and promote shared
understanding of its proportionality for organized crime and mutual recognition. However, asserting
enforcement ideals and lack of sharing and cooperation between jurisdictions, this can result in political
tensions.
Conclusion
The lucrative business of drug trafficking has brought together the once disparate groups of organized
crime and terrorist groups (Reyes & Dinar, 2014). There is a strong need for co-operative harmonization
and groups that analyze the ever-growing movement of illicit goods and people, expansion of
transportation, growing networks, shared need for funding, and opportunities to combine efforts (Reyes
& Dinar, 2014). Asia and Middle East are growing regions among the drug and smuggling routes, most
likely because of Latin American trafficking organizations utilizing Afghanistan’s Southern Route through
Iran, and Gulf of Oman as well as the utilization of the Silk Road which connects the east and west
(Reyes & Dinar, 2014).
References
Kembayev, Z. (2018). Implementing the Silk Road Economic Belt: From the Shanghai Cooperation
Organisation to the Silk Road Union? Asia European Journal, 16, 37–50.
Kuran, T. (2004). Why the Middle East is economically underdeveloped: Historical mechanisms of
institutional stagnation. The Journal of Economic Perspectives, 18(3), 71-90.
Lewis, D. (2014). Crime, terror and the state in Central Asia, Global Crime, 15(3-4), 337-356.
Makarenko, T. (2004). The crime-terror continuum: Tracing the interplay between transnational
organised crime and terrorism. Global Crime, 6(1), 129-145.
Obokata, T. (2017). The value of international law in combating transnational organized crime in the
Asia-Pacific. Asian Journal of International Law, 7(1), 39-60.
Reyes, L. E. & Dinar, S. (2015) The convergence of terrorism and transnational crime in Central Asia.
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