A/CONF. 187/3 only when credibly threatened with sanctions. Either way, 37. Organized efforts to subvert or corrupt justice broad-based compliance based on the legitimacy of social systems, if successful, represent a direct threat to rule of consensus and acceptance of legal rules is lost law elements such as equality, judicial independence and poses a threat ofa different sort. Low-level corruption, left macy also arise when individual organized crime cases unchecked, can spread throughout government. Here the erode the credibility of criminal justice systems. Inextreme ule of law is eroded because individua -State interactions cases organized crime can also threaten legitimacy by are no longer conducted in accordance with clear and infiltrating the political or legislative process itself Members of organized crime may run for elective office determined by unofficial and often ad hoc rules for the for example, in order to take advantage of parliamentary or exchange of bribes or other considerations. This is incon- legislative immunity or to place themselves in a positionto sistent with many elements of the rule of law: compre- block criminal investigations or legislation hostile to hensiveness, clarity and certainty are lost because the rules organized crime. Perhaps more common are cases in which being applied are no longer legal ones, but ones dete- undue influences ranging from bribery to murder are used against otherwise legitimate legislators or officials to rmined on a case-by-case basis. There is no equality distort the formulation of public policy or the making of because outcomes are governed by the ability to pay bribes rather than the law as it applies to each case. Procedural laws. All of these situations erode the legitimacy of laws legitimacy is lost because the rules applied are no longer and legal systems because policy is made in response to the those created by the legislative process, and substantive interests oforganized crime rather than those of the publ legitimacy is lost because there is no longer a connection between the formulation of public policy and the rules that vil. The rule of law and transnational actually apply Judicial independence is lost either because judges are susceptible to corruption by the parties crime litigation or because the information they receive from other officials in the justice system, such as police or court 38. Transnational crime represents a challenge to the rule officials, is corrupted, or both. Finally, those legal rights of law because the volume and diversity of such crime that are necessary elements of the rule of law(and other increasing and because the nature of the international human rights as well) tend to be eroded because corrupt community poses obstacles to the rule of law that do not public officials, in extending the rights to those who can exist at the domestic level. Transnational crime operations pay, usually withhold them from those who cannot are supported by the same new technologies and other 36. Organized crime represents additional threats to the developments that have supported the globalization of rule of law. It often uses corruption to distort the legal legitimate activities. Operations such as drug-trafficking, system to its own advantage, but has other means at its dis- money-laundering and illegal migration are now supported posal as well. It resorts to intimidation or violence either to by telephones, facsimile(fax)machines, the Internet and induce officials to do its bidding or to remove them as high-speed, affordable travel, in much the same ways as obstacles. Crime that is"organized"tends to be both crea- their legitimate counterparts tive and coordinated in such approaches. Those who refuse 39. The usefulness of such technologies and present-day bribes may be targeted with violence, either to influence dependence on them for legitimate purposes pose an addi their conduct or to set examples that will make others less tional crime control problem. While equipment or likely to resist. Multiple elements of the justice system may substances--such as certain drugs or firearms--used be targeted. If law enforcement investigations cannot be primarily by criminals can be targeted for prohibition from subverted, for example, prosecutors, judges, jurors, or restrictions on general use, any such measures applied witnesses and anyone else who can affect the outcome of against more widespread technologies, such as modern criminal proceedings may be targeted. Increasingly, telephones and fax machines, high-speed broad-band organized criminals have also taken advantage of the same telecommunications and the Internet, or policies such as conditions that support global commerce to move free trade or open borders cannot be used as crime control endangered elements of their operations from jurisdictions measures because the cost to legitimate interests would be where the rule of law cannot be avoided to places where too higl conditions are less unfavourableA/CONF.187/3 9 only when credibly threatened with sanctions. Either way, broad-based compliance based on the legitimacy of social consensus and acceptance of legal rules is lost. 35. Corruption at lower levels of public administration poses a threat of a different sort. Low-level corruption, left unchecked, can spread throughout government. Here the rule of law is eroded because individual-State interactions are no longer conducted in accordance with clear and certain legal rules. Instead, interactions and outcomes are determined by unofficial and often ad hoc rules for the exchange of bribes or other considerations. This is incon￾sistent with many elements of the rule of law: compre￾hensiveness, clarity and certainty are lost because the rules being applied are no longer legal ones, but ones dete￾rmined on a case-by-case basis. There is no equality because outcomes are governed by the ability to pay bribes rather than the law as it applies to each case. Procedural legitimacy is lost because the rules applied are no longer those created by the legislative process, and substantive legitimacy is lost because there is no longer a connection between the formulation of public policy and the rules that actually apply. Judicial independence is lost either because judges are susceptible to corruption by the parties in litigation or because the information they receive from other officials in the justice system, such as police or court officials, is corrupted, or both. Finally, those legal rights that are necessary elements of the rule of law (and other human rights as well) tend to be eroded because corrupt public officials, in extending the rights to those who can pay, usually withhold them from those who cannot. 36. Organized crime represents additional threats to the rule of law. It often uses corruption to distort the legal system to its own advantage, but has other means at its dis￾posal as well. It resorts to intimidation or violence either to induce officials to do its bidding or to remove them as obstacles. Crime that is “organized” tends to be both crea￾tive and coordinated in such approaches. Those who refuse bribes may be targeted with violence, either to influence their conduct or to set examples that will make others less likely to resist. Multiple elements of the justice system may be targeted. If law enforcement investigations cannot be subverted, for example, prosecutors, judges, jurors, witnesses and anyone else who can affect the outcome of criminal proceedings may be targeted. Increasingly, organized criminals have also taken advantage of the same conditions that support global commerce to move endangered elements of their operations from jurisdictions where the rule of law cannot be avoided to places where conditions are less unfavourable. 37. Organized efforts to subvert or corrupt justice systems, if successful, represent a direct threat to rule of law elements such as equality, judicial independence and basic legality. Indirectly the same threats to basic legiti￾macy also arise when individual organized crime cases erode the credibility of criminal justice systems. In extreme cases organized crime can also threaten legitimacy by infiltrating the political or legislative process itself. Members of organized crime may run for elective office, for example, in order to take advantage of parliamentary or legislative immunity or to place themselves in a position to block criminal investigations or legislation hostile to organized crime. Perhaps more common are cases in which undue influences ranging from bribery to murder are used against otherwise legitimate legislators or officials to distort the formulation of public policy or the making of laws. All of these situations erode the legitimacy of laws and legal systems because policy is made in response to the interests of organized crime rather than those of the public. VII. The rule of law and transnational crime 38. Transnational crime represents a challenge to the rule of law because the volume and diversity of such crime is increasing and because the nature of the international community poses obstacles to the rule of law that do not exist at the domestic level. Transnational crime operations are supported by the same new technologies and other developments that have supported the globalization of legitimate activities. Operations such as drug-trafficking, money-laundering and illegal migration are now supported by telephones, facsimile (fax) machines, the Internet and high-speed, affordable travel, in much the same ways as their legitimate counterparts. 39. The usefulness of such technologies and present-day dependence on them for legitimate purposes pose an addi￾tional crime control problem. While equipment or substances—such as certain drugs or firearms—used primarily by criminals can be targeted for prohibition from or restrictions on general use, any such measures applied against more widespread technologies, such as modern telephones and fax machines, high-speed broad-band telecommunications and the Internet, or policies such as free trade or open borders cannot be used as crime control measures because the cost to legitimate interests would be too high