LATIN AMERICAN COURT AGAINST TRANSATIONAL ORGANIZED
CRIME (COPLA) ----- FIJARME SI ES SIEMPRE ASÍ
Aside from holding the sad record of being the most socially unequal region in the world, Latin
America has become the most violent region as well. The uncontrollable situation in northern
Mexico, the growth of ‘maras’ in Central America, the co-opting of large parts of political and
economic life by the hands of criminal organizations, and the trafficking of drugs, arms, and
people who are forced into lives of sexual exploitation and slave labor, create a regional
problem of enormous negative repercussions in the lives of Latin Americans.
Slowly yet relentlessly, the proliferation of groups dedicated to transnationally organized
crime is becoming the main social problem of the region. It is a threat to democracy and the
main obstacle for the region’s economic progress. Unfortunately, the only ones who seem to
have understood the global nature of the world in which we live, structuring their
organizations according to this reality that transcends national borders, are criminals.
International protection networks which hide fugitives, cooperation between criminal
organizations which operate globally, and the exchange of information, drugs, and money by
interconnected mafias all across the region and the world are only some of the pressing issues
which erode the effectiveness of national systems of persecution and prosecution of
organized crime.
Criminal violence and its social consequences have currently become a central issue in our
countries’ political agendas, and inequalities in terms of security have become the main factor
for social discrimination in the region. Given the proliferation of regionally-structured and
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powerfully-connected
criminal
organizations,
such
as
the
Sicilian mafia,
the
Calabrese ndanghreta and both Chinese and Russian mafias, national security mechanisms
have proven to be more and more insufficient and subordinate to impotent—if not corrupt—
political power. Instead of being an advantage, the close proximity of national security forces,
law tribunals, and attorneys to the places where crimes are committed leaves them at the
mercy of corruption and threats from organized crime, limiting their scope of action to the
prosecution of petty crimes, with no chances of working towards the dismantling of criminal
organizations through the incarceration of their leaders and the confiscation of their goods.
For these reasons, which become more evident day after day, a regional strategy that
confronts regionally-organized crime is urgently necessary; a strategy which, moreover, lays
the foundation of a dynamic which favors the necessary regional integration for confronting
regional issues. This is the context in which Democracia Global’s proposal of creating a Latin
American Court Against Organized Crime could be effective. The idea is complex, and
because of that our proposal includes the discussion of the way the Court functions as well as
the procedures for its creation. Understanding the impossibility of resolving those aspects in
the beginning of the process, it’s necessary and also possible to enumerate a series of
parameters and establish a framework for it’s posterior functioning. From Democracia Global
we propose five strategic design actions, for areas of performance, and a five-stage strategic
plan.
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STRATGIC PLAN
1) PURPOSE
A Latin American Court Against Organized Crime should be, before anything else, a Court. It’s
main purpose should be the prosecution of organized crime, focusing its efforts on the
dismemberment of organizations from the top down – and not from the weakest chain of the
link, as national systems insist on doing, filling Latin American penitentiary systems without
improving levels of citizen security – in order to focus on two aspects potentially capable of
dismembering criminal organizations:
1) The international persecution of high-ranking elements of criminal groups usually
unpunished or protected by networks of judicial and political accomplices.
2) The confiscation of goods and capital belonging to these organizations: a measure
of extraordinary efficiency, proven to greatly diminish their power and which has
proven to be successful in various countries.
But, aside from its specific duties as a court, the COPLA should develop multiple other
functions that constitute it as an affective agency in the fight against transnational
organized crime. Among them, the COPLA should be effective in the promotion of the
articulation of national legislation, the exchange of information between security
organisms and any agency of member states which work in favor of preventing or
repressing crime, mechanisms promoting transparency in national political systems and
their independence from criminal organizations, international cooperation and
coordination, protection and concealment of high profile witnesses and members of civil
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society who fight against those crimes and criminals, and to raise awareness about the
importance of this problematic among every citizen and representative of Latin America.
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2) STRUCTURE
The Latin American Court Against Organized Crime should rest upon on three main
devices ASI NO SE DICE: a) The Court, responsible of the prosecution of crimes typified in
the Statute, which should be drafted by a group of jurists assisted by an Advisory
Committee; b) a Prosecutor AVERIGUAR COMO ES EL TERMINO EN INGLES in charge of
proposing, initiating, and qualifying criminal judgment processes and proposing violators
of law to the Court; c) A police body in charge of investigations and arrests.
All these organisms should be subsidiary and complementary with national institutions of
member states, in cases where police forces, prosecutor’s offices, and national courts
prove to be impotent to act efficiently and thoroughly in the prosecution of organized
crime according to the criteria, dispositions, and procedures that the COPLA statute must
fix.
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3) MODALIDAD INSTITUCIONAL INSTITUTIONAL MODEL? MODALITY? WHAT?
The Latin American Court Against Organized Crime should be the result of an
international treaty to which countries can freely adhere to; which should ENTRAR EN
VIGOR in signing countries, once the minimal amount of members is reached, number
which should be established in the treaty itself, leaving the door open for all other Latin
American states to sign at a later time, as well as the possibility of evolving towards a
global system of members.
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4) CAMPAIGN STRATEGY
The promoting agent for the creation of a Latin American Court Against Organized Crime
should be a network of non-government organizations (specially those which work with
issues like human & drug trafficking, sexual and labor slavery, among others) who would
perceive that they would benefit from the creation of a regional court of the
aforementioned characteristics. Nonetheless, this network should also include a plurality
of other agencies committed to the fight against crime and who work in favor of regional
and world integration; among them: international organizations, political parties, judicial
sectors and the academia, think tanks, NGO’s, and religious organizations. The campaign
adhesions should be handled centrally, and formalized through an official website in
which any other organization can sign up, learn about the activities being developed by
the initiative, and verify total number of members and supporting organizations.
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5) JURIDICAL DESIGN??? DISEÑO JURÍDICO
From the beginning of the process of creation of a Latin American Court Against
Organized Crime, a group of jurists should take upon themselves the task of drafting a
Statute draft to be presented and considered by interested States and Governments. The
draft should contemplate the definition and tipification of crimes, treaties and
international organisms that set the judicial backbone of international law, the articulation
of the Statute with the international legislation as well as local (national) legislations, and
any other issue which its members consider of importance for the creation, approval, and
development of the initiative.
As a foundation for the drafting of the Statue, a valuable ANTECEDENTE fixed by the
Rome Statute (1998) by the International Criminal Court, signed and recognized with
constitutional value by almost all Latin American countries, as well as the adoption of the
United Nations Convention against Transnational Crimes (2000) and the Palermo
Protocols, typifying transnational crimes: the participation in an organized criminal group,
money laundering from crime economies, human trafficking, political corruption, and the
fabrication and distribution of illegal firearms. These countries are Argentina, Bolivia,
Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Guyana,
Honduras, Jamaica, México, Nicaragua, Panamá, Peru, Dominican Republic, Uruguay and
Venezuela.
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STRATEGIC PLANIFICATION IN FIVE STAGES
The proposed strategy in order for the creation, in the least amount of time possible, of a
Latin American Court Against Organized Crime is divided in five stages:
1) The first stage foresees:

The creation of a Coordinating Office within the juridical framework and structure
of Democracia Global – Movimiento por la Unión Sudamericana y el Parlamento
Mundial – from which the organization of a Campaign for a Latin American Court
will be taken into action along with preparatory meetings for the working plan.

The development of foundational meetings necessary for the formation of a
coalition of people and organizations with the objective of creating the COPLA.
Emphasis will be put on the participation of political, cultural and judicial figures of
Latin America and the world, whose presence could help legitimize the initiative,
giving it regional and global visibility. In a later stage, if circumstances would make
it advisable, this network of individuals and organizations could acquire legal status
under the name of “COALICIÓN POR LA CORTE PENAL LATINOAMERICANA
CONTRA EL CRIMEN TRASNACIONAL ORGANIZADO”. LO DEJAMOS EN
CASTELLANO?

The development of the initial contacts necessary for the creation of a group of
Latin American jurists who could investigate the casuistry and the antecedents of
similar processes, existent legislation in terms of transnational organized crime and
COPLA’s compatibility with current treaties and international conventions, national
constitutions and legislative bodies of policy. Taking the aforementioned
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investigations into account, the group could develop an initial judicial framework
for the COPLA and delineate the initial foundations of a Statute.
2) The second stage foresees the continuity and deepening of the actions of the first
stage and the extension of the COALICIÓN POR LA CORTE PENAL
LATINOAMERICANA to all Latin American countries, through the articulation of a
network of contacts and the creation of five national delegations (physical or
virtual) in all cities where civil society organizations are willing to do so.
By continuity and deepening if the actions of the first stage we mean:

The effective formation of a COALICIÓN POR LA CORTE PENAL
LATINOAMERICANA.

The effective creation of a group of Jurists for COPLA.

Realization of seminars, conferences, and symposiums in all possible
countries of the region, with the objective of making the project as visible
as possible by incorporating to the campaign influential members of civil
society, as well as politicians and recognized members of the judicial world.

The organization of an annual regional meeting in COPLA’s headquarters
hometown, with the objective of advancing in the discussion of the overall
situation, evaluate the results obtained, and continue developing strategies
together with everyone interested in the initiative.

The beginning of the elaboration of a Statute draft for the Latin American
Court Against Organized Crime by the COPLA group of jurists.

The communication of the proposal for the creation of a Latin American
Court Against Organized Crime and the creation of regional awareness for
the campaign to all regional political and judicial actors that could
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contribute to its development (which includes civil society organizations,
regional and global institutions, national governments, embassies and
academic circles, especially focused on transnational organized crime as
well as political and judicial regional integration. In order to accomplish a
successful awareness campaign, members of the Latin American Court
Against Organized Crime should become, resource-allowing, the center
from which the debate stems.
3) The third stage foresees the continuity and deepening of the tasks from the first
and second stages, the extension to national offices to ten, and the development
of contacts with local governments of the countries of the region, convening them
to the common task of creating a Latin American Court Against Organized Crime.
The basic objective of the stage will be the detection of at least three countries
whose authorities support the initiative and declare their commitment to its
constitution. It’s final objective will the realization of a foundational meeting for
the Latin American Court Against Organized Crime, in which its functioning
characteristics and Statute will be established: objectives, tipification of crimes
under its jurisdiction, functioning and organizational organisms, fund raising
initiatives, and the minimal number of countries with which the Latin American
Court Against Organized Crime could effectively begin to operate.
4) The fourth stage foresees the continuity and deepening of the tasks from the first,
second and third stages and all types of political and institutional work in favor of
the greatest number of signing states to the Latin American Court Against
Organized Crime.
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5) The fifth and final stage foresees the continuity and deepening of the tasks from
the first, second, third and fourth stages, the permanent monitoring and
communication of juridical and criminal actions from the Latin American Court
Against Organized Crime, once created, and the continuation of the campaign in
search for new members form all Latin American countries. Also, the globalization
of the COPLA movements will be promoted, through the creation of similar courts
in other regions of the world as well as it’s own global expansion, in lights of
creation a World Criminal Court Against Transnational Organized Crime.
This five-stage plan does not constitute a procedure guide for the consolidation of a Latin
American Court Against Organized Crime, but a flexible road map, adaptable to any and
all circumstances. For evident reasons, only it’s first stage can be delineated today with
certain precision, and therefore establish a concrete functioning project as well as a
budget. The latter foresees the immediate rental of office space from which to organize
the COPLA Campaign (which can be shared with Democracia Global, in all practical
effects), at least three salaries for professionals dedicated to COPLA, and the financing of
trips within the region that would allow the development of contacts and activities.
AREAS OF ACTION
1) CIVIL SOCIETY
Non-Governmental organization and specialized networks in the fight against all crimes
established as transnationally organized.
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Non-Governmental organization and specialized networks specializing in the construction
of supranational institutions in the regional, international, and global levels.
Non-Governmental organization and specialized networks specializing in the defense of
human rights.
Non-Governmental organization and specialized networks specializing in the fight against
criminal organizations.
Non-Governmental organization and specialized networks specialized in political and
judicial aspects related to all these aforementioned problematic.
News media
Latin American Citizens.
2) NATIONAL POLITICS
National governments.
Parliaments
Political parties and organizations.
Professional syndicates and associations.
Political leaders.
Civil society leaders.
Citizens of the countries of the region.
3) REGIONAL, INTERNATIONAL AND GLOBAL POLITICAL ACTORS
National representatives in foreign countries.
Regional and International organizations.
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Regional parliaments and assemblies.
Regional syndical and professional organizations.
Regional, international, global political leaders.
Regional, international, global civil society leaders.
Citizens of the world
4) JUDITIAL SECTORS
Universities specializing in national, regional, international, and global law.
Study groups, think tanks, and organizations specializing in national, regional,
international, and global law.
Specialists in national, regional, international, and global law.
National judicial powers.
Other international courts.
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CONCLUSIONS
The problem of organized transnational crime is not national, but regional. Regional issues
require regional policies. And regional policies require regional institutions in order to
overcome succumbing to the ineffectiveness of local state powers or power imbalances
between nations and the resulting international arbitrariness. A Regional Court Against
Organized Transnational Crime, effective in the persecution of crimes which are
internationally organized and carried out, does not in any way imply a limitation of national
sovereignties or the rule of law of local governments. On the contrary, its success would
reinforce the states’ ability to exercise local power, currently weakened by criminal networks
to which they are progressively losing ground, as well as improving the capacity for autonomy
and self-determination of Latin America and its citizens, demonstrating that we are capable of
dealing with our region’s problems.
It is precisely because in the gap created by the inefficiency of Latin American governments in
dealing with organized crime, especially in terms of drug trafficking, where the intervention of
extra-regional agencies is manifested. However, the creation of a Regional Court Against
Organized Transnational Crime would reinforce the national and regional capabilities in
handling these problems, establishing a clear limit on extra-regional influence. On another
hand, and as demonstrated by the process of the creation of and adhesion to the
International Criminal Court, almost all constitutions and Latin American governments
recognize international law as a part of their corpus of obligations. The creation of a Regional
Court Against Organized Transnational Crime should be founded on that same juridical
context, reinforced by the United Nations Convention Against Transnational Organized Crime
(UNTOC) signed in Palermo, to which almost all countries of the region have adhered to and
which defines what types of crimes are intrinsically considered to be transnational, with the
purpose of applying the same principles used in international law for the resolution of the
most significant social issue which Latin America faces today.
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For these reasons, which become more evident day after day, a regional strategy that
confronts regionally-organized crime is urgently necessary; a strategy which, moreover, lays
the foundation of a dynamic which favors the necessary regional integration for confronting
other economic, political, and social issues. A multilateral, pluralistic, and effective Regional
Court Against Organized Transnational Crime can become the decisive element, which
prevents a future determined by underdevelopment and criminality for the region. We
summon all organizations, governments and democratic citizens of Latin America to actively
participate in its constitution.
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