INTERNATIONAL POLICE COOPERATION: OPPORTUNITIES AND OBSTACLES
POLICING IN CENTRAL AND EASTERN EUROPE: Comparing Firsthand Knowledge with Experience from the West,
© 1996 College of Police and Security Studies, Slovenia
INTERNATIONAL POLICE COOPERATION: OPPORTUNITIES AND OBSTACLES
Anthony J. Balzer
This paper responds to four central questions: (1) Why is it especially important today that   police agencies and theorists cooperate across national borders?  (2) What special conditions exist   today that support improving international police cooperation?  (3) What are some of the basic   obstacles to improved cooperation?  And (4) In what ways is international police cooperation likely to   develop in the immediate future?  It concludes that the best opportunity for improving international   police cooperation is within established "specialized" areas of policing such as criminalistics, hostage   negotiations, homicide investigations, canine handling, communications, and patrol, just to name a   few.  Of these specialized areas, basic recruit training offers the best immediate results because it cuts   across all of what we teach new officers to do.
The author draws on his experiences as a sworn San Francisco police officer and former   director of SFPD's Training Academy, as a participant in professional exchanges with police   academies in Omsk, Russia, and Enkenbach, Germany, and as a teacher of comparative justice   systems at Golden Gate University, San Francisco. Special thanks are due to Professor Ethan   Nadelmann of Princeton University, on whose ideas and scholarship this paper draws heavily.
THE NEED FOR INTERNATIONAL POLICE COOPERATION
An Increasing Threat of Transnational Crime
The propensity of criminals to cross national borders--to engage in "transnational crime"--  is certainly not a new phenomenon; it is probably as old as the borders themselves.  Borders   were established to delineate the jurisdiction claimed by each state, and crossing national   borders has often provided criminals with a way to mitigate or avoid the consequences of illegal   acts.  Yet in spite of a long, eventful history, there is strong evidence that transnational crime   has become more prevalent and serious today than ever before.
Our Shrinking World
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We live in a different world from that of our parents and grandparents, and many of the   differences facilitate greater transnational crime.  Consider, for example, the following five   developments, all within the last twenty-five years: (1) Transportation systems have improved   and expanded dramatically, particularly airline and automobile travel; international tourism and   business travel are at record levels.  (2) Communication systems have improved and expanded,   most notably satellite and fiber optic telephone and television transmission, FAX transmission,   and computer information storage, processing, and transmission.  (3) The breakup of the Soviet   Union has reduced or eliminated many trade and travel restrictions between East and West,   reduced the level of social control within and between many of the former Soviet Block   countries, and made obsolete many countries' Cold War fears and policies.  (4) World trade has expanded, including stronger participation by the economies of   Eastern Europe, Asia, the Middle East, and the "Third World";  world economic   interdependence is now a basic fact of life.  (5) Perhaps most significant of all, the world's   population has increased, resulting in more crowding, more areas of poverty, disease, and   hunger, and large movements of people across national borders.  The cumulative effect of these   conditions is more people, more opportunities and possibly reasons for committing crime, and   more effective movement of people and information across national borders--a perfect setup for   increased transnational crime.  It is no wonder that our newspapers now regularly report   incidences of international terrorism, theft, smuggling, securities and currency violations,   computer crimes, fleeing from justice, drug trafficking, and illegal immigration--just to name a   few.
The Police Mission
A distinguishing feature of modern civilization is the use of governmental institutions--  police, courts, and correctional agencies --to intervene on society's behalf to resolve conflicts   and enforce basic social rules.
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Such "state" justice, properly administered, is deemed superior   to the earlier private "justice" that featured physical, often brutal and unrestrained, conflict   between individuals, families, or tribes.  A primary goal of state justice is to control social   violence and destruction, and to protect the weak from victimization; however, if governments   today, primarily through their police agencies, and to effectively protect citizens from crime and   enforce society's rules, they must increasingly be able to deal with crime that is transnational in   nature.
A second primary goal of state justice, salient to this paper, is the serving of each society's   own dominant values and customs in the administration of "justice".  Hence, each society has   its own enforcement style and priorities, and even some of its own laws--factors that complicate   and occasionally frustrate attempts at international police cooperation.
Overcoming the Limits of Jurisdiction
Transnational crime, by definition, involves two or more countries, each claiming   sovereignty and exclusive criminal jurisdiction within its own borders.  Hence, when a criminal   crosses the border, any pursuing police officers "lose" their jurisdiction.  To overcome this   problem, governments and their police agencies have employed numerous strategies. Some   involve direct, unilateral, extralegal police action within another country or official collusion to   circumvent the law, and some involve cooperative, bilateral, legally-sanctioned actions by one   country's police, or by a multinational police task force, on behalf of another country.  The first   of these two "kinds" of strategies is predicated on violating international law and other   countries' sovereignty;
the second is based on legality and cooperation.
Guiding Principles for Improvement
Given our experiences to date in policing transnational crime, two principles immediately   suggest themselves for guiding our attempts to do better in the future.  First, we should found   our international police working relationships on properly negotiated agreements--that is, on   mutual respect, benefit, and consent--rather than political or economic coercion, violation of   foreign sovereignty, or extralegal collusion.  Second, related to the first, is the achievement of   greater consistency, effectiveness, predictability, and legitimacy in the relationships.  These   principles are admittedly idealistic and difficult to achieve, but they are worth keeping in mind   and worth working for.
Specific Needs for Cooperation
From a practical police perspective, certain specific acts of international cooperation are   regularly needed to deal with transnational crime.  Initially, there is a need for discovering,   documenting, and communicating basic working information about crimes; for example:  What   happened?  When?  Where?  Description of suspects?  Injuries?  Next, there is a need for direct   acts of investigative assistance; for example, locating and arresting suspects, collecting   evidence, identifying and interviewing witnesses, and detaining and extraditing suspects.    Finally, there is frequently a need for help in prosecution; for example, deposing witnesses or   arranging for their appearance in court, having investigative personnel testify in court, and if a   conviction occurs, providing the sentencing judge with background information about the   suspect to guide the determination of an appropriate punishment.
Other forms of transnational police cooperation, less commonly recognized but potentially   as important, include the sharing of law enforcement expertise, technology, and resources, the   exchange of cultural information and philosophy,
These latter forms of cooperation offer potential benefits far beyond   facilitating law enforcement's capacity to control crime.
SPECIAL CONDITIONS SUPPORTING EXPANDED COOPERATION
Ironically, perhaps, most of the contemporary world conditions that facilitate increased   transnational crime, mentioned under "Our Shrinking World" above, also make possible greater   international police cooperation.  To these, we might add the following: (1) the advancement   and spread of television, movies, and professional news media; (2) the commitment of many   countries--the U.S. is a sad exception--to the teaching of second and third languages in school;   and (3), as a cumulative result of the other conditions mentioned above, the development of a   heightened "world consciousness" within law enforcement and among general populations   throughout the world.  Let us briefly consider each of these.
Television, Movies, and The News Media
The art of movie production has advanced and spread throughout the world, as have the   technology and program production skills of the television industry.  In many parts of the world,   more households own TV sets than telephones.  Likewise, professional news organizations--  that use newspaper, magazine, radio, and/or television media--have increased in size, budgets,   and journalistic skills.  Dedicated news networks like CNN, with large, Skilled international   staffs and a deliberate international news focus, have made world news coverage available   everywhere; and even small news companies can effectively access and pass along international   news coverage by subscribing to an established "service" such as United Press International or   Reuters.  Limited international news coverage is even available now on the "Internet" for a   modest subscription fee.  Because of these contemporary developments, more people are now   kept better informed about important daily events throughout the world such as natural   disasters, political and economic developments, and major crimes.  They are also exposed to   foreign movies and television programs, both documentary and fictional, that help to establish   common "knowledge", experiences, and meanings--perhaps the first step toward the   development of a worldwide "low" or everyday culture.  I have friends in Switzerland, for   example, who used to watch the old (1980's) "Streets of San Francisco" TV program about   fictional San Francisco police officers and criminals; and my police colleagues in Omsk,   Russia, described their own organized crime and violence problems in 1993 as comparable to   those of "Chicago in the 1930's".  The point is that they "learned" about San Francisco's police   and about Chicago's Mafia by watching translated television and "The Godfather" movie, and   we had some common "experiences" to discuss and enjoy.
Commitment to Foreign Language Proficiency
A fundamental condition for people anywhere to live and work together is the ability to   communicate efficiently; and for most of us, this means mastering a common spoken and   written language.  For many years, most of the world's nations have deliberately taught second   and third languages, particularly the current "international" languages, French and English,
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There are, of course, pecuniary reasons for teaching foreign   languages, such as enhancing trade and tourism, but because so many countries have taken the   trouble to do it, there is now a much greater capacity to communicate and perhaps cooperate   internationally.
Heightened World Consciousness
Another important cumulative effect of the world conditions described above is the   development of a heightened "world consciousness".  By this, I mean that more people appear   to be more mindful on a daily basis of what is going on in other countries, and to feel a personal   concern for the outcome of international events.  This is not to say that we have suddenly   overcome all of our traditionally divisive, conflict-generating human feelings and attitudes,   such as fear, hurt, jealousy, greed, cultural chauvinism, and the desire to boss others around.    Our need for police officers and soldiers is likely to remain with us well into the future.    However, what does seem to be emerging is a perhaps unspoken belief that we are all in this   world together, and is spite of all the divisive forces at work in our lives, that we can all   somehow live better if we cooperate, at least where transnational crime is concerned.
Admittedly, the existence or absence of such an emerging attitude cannot be empirically   proved at this point; however, its development makes sense in light of the world conditions   discussed above; and the apparent worldwide political popularity of "fighting international   crime" provides supporting evidence.
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"Syncretism"
Would-be leaders such as athletic coaches, politicians, and labor officials have long   employed the "syncretism" principle--that is, the threat of a common enemy and the focus of a   shared goal--to unify and motivate groups of people.  Transnational crime appears to be   assuming the role of a common enemy to the whole world--similar, perhaps, to the role of the   invading aliens in the science fiction movie "Independence Day", whose attack, in the movie's   plot, resulted in unprecedented world unity and cooperation.
There are, of course, other common enemies currently out there threatening, and   potentially unifying, our world.  AIDS and other communicable disease epidemics,   environmental pollution, poverty, and world hunger are familiar examples.  These problems   may compete to some degree with transnational crime for politicians' attention and limited   world resources, but their main effect so far has been to facilitate greater world unity.
OBSTACLES TO GREATER INTERNATIONAL POLICE COOPERATION
How Cooperative Relationships Develop
International cooperative police relationships, when they have been successful, typically   evolve according to a three-step process that Professor Ethan Nadelman has termed   "harmonization": (1) regularization of relations; (2) accommodation of different systems to each   other; and (3) harmonization toward a common norm.
Stated more simply, this process   features a trial and error "getting to know you" period, a period of making compromises and   adjustments, and a period in which new hybrid policies and procedures become   institutionalized.
Four Conditions for Success
Looking at the process by which successful international cooperative police relationships   develop from a slightly different angle, four conditions must be present: (1) a perception shared   by all of the participating parties of a serious, threatening crime problem; (2) the involvement of   experienced career law enforcement personnel who help define the problem and propose   practical solutions; (3) the involvement of political officials who formulate, enact, and defend   enabling laws and budgetary support; and (4) regular communication between law enforcement   professionals and political officials throughout the whole process.  Whenever any of these   conditions has been absent or flawed, consistent, effective, international police cooperation has   not occurred.
Obstacles
From the above model, one can imagine possible obstacles to the presence of each   essential condition.  The first condition, a shared perception of a serious crime threat, enjoys the   fewest serious obstacles in today's world.
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However, the second, getting career professionals   involved in defining the problem and proposing solutions, is often frustrated by agency politics.    Most of the world agencies in question contain many talented, experienced, conscientious   practitioners--people who are doing the work and have invaluable practical knowledge.    Unfortunately, public agencies often stifle such people from speaking out.  Most U.S. law   enforcement agencies, for example, have at least one level of top managers who are appointed   more for political reasons than for their job accomplishments or job knowledge.
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Such   "political executives" often feel threatened or embarrassed to rely on the expertise of   subordinates.  If we are to achieve effective performance at all, let alone in international   cooperation, we must find ways to draw upon practical work expertise at all levels in the   agencies.
The third condition, obtaining political support in each participating country, is absolutely   essential to maintaining a working international relationship.  All such relationships require   legal authority to operate--enabling legislation or at least official permission--and the   expenditure of money, personnel hours, and other agency resources.  These requirements, of   course, are the province of politicians.  Politicians also play a critical role in organizing public   support and taking any political "heat".
The three primary obstacles to obtaining needed political support, in most cases, boil   down to these: (1) overcoming short- or long-term enmity and/or rivalry between countries;    (2) convincing politicians
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and their constituencies that change, with all its unknowns,   inconveniences, and accompanying anxiety, from the familiar, comfortable status quo is   needed; and (3) convincing politicians and their constituencies that building an effective   international police relationship is important enough, considering other claims on their time and   their countries' resources, to merit their prompt attention.
A fourth serious obstacle to attaining political support is the need to diplomatically work   out fundamental differences in law enforcement style.  Different countries, based on their   respective histories and customs, have markedly different ideas about what constitutes   "properly administered" state justice.  For example, the U.S.'s Common Law tradition heavily   emphasizes individual rights, due process of law, lawyer-intensive adversary proceedings, and   the use of judicial precedents as a source of law.  In contrast, most of Continental Europe   follows the Civil Law tradition that emphasizes the interests of the community/state, informal,   neutral, efficient inquisitorial proceedings, legislative superiority in declaring the law, and   consistency of legal philosophy.  Reconciling these disparate styles into a working cooperative   relationship requires strong commitment, compromise, and the skillful "selling" of the final   product to each political constituency.  Most politicians, perhaps more commonly in the U.S.   than in other countries, do not have direct diplomatic experience, are not comfortable in a   diplomatic role, and are focused primarily on pleasing a local constituency.  They are reluctant   to get involved beyond giving vague lip service to projects that would take them into unfamiliar   territory and perhaps offend many voters.
The fourth condition, maintaining regular lines of communication between law   enforcement professionals and political officials across national borders, is vulnerable to all of   the pitfalls that affect international communication generally--different time zones, different   languages, unfamiliar or undependable equipment, and so forth.  These obstacles can usually be   overcome through determination, discipline, ingenuity, and patience.  More specific to the   needs of law enforcement and political communication, however, is the problem of knowing   whom to call in other countries--the appropriate governmental contacts--and the appropriate   protocol for communicating with them.
FUTURE PROSPECTS
Current Trends: What is Going On?
The following trends may be discerned in the realm of international policing: an increase   in the number of mutual legal assistance treaties (MLATs) between countries;  an increase
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expansion of unofficial fraternal police exchanges; and increasing development of international   working relationships within established specialized areas of policing.  These trends will   probably continue at least into the immediate future.  A full discussion of each is beyond the   scope of this paper, but a few comments about each should be made here.
MLAT's
MLATs--that may relate to any of the forms of police cooperation mentioned in Specific   Needs above--are a positive step in that they advance the guiding principle of bilateralism.    Their primary drawbacks as a tool of international police cooperation are that they take time to   negotiate and may not be available when needed for urgent cases, and each treaty reflects a   unique agreement between countries, resulting in different criminal procedures for dealing with   different countries.  Perhaps, according to Ethan Nadelman's "harmonization" theory, we will   eventually be able to achieve universal acceptance of model international treaties related, for   example, to exchanging information about crimes, arrest and extradition, and searches and   seizure of evidence.  Interpol's annual General Assembly meetings would provide an excellent   forum for developing such models.
Stationing Law Enforcement Personnel in Other Countries
Stationing law enforcement personnel in other countries--ostensibly to Aprotect our own   citizens'--is acceptable as long as it is done openly and with the permission of the countries in   question.  However, there is always the temptation, if not the initial intention, of taking direct,   unauthorized law enforcement actions in other countries.
The Military
As "auxiliary police", the military's main recent job, in the U.S. at least, has been to   combat drug cartels and terrorist organizations, and to protect the "human rights" of world   citizens threatened by "genocide".  Pragmatically, the military is "available" with armed   personnel and other valuable resources.  On the other hand, there are at least three critical needs   implied: (1) a need to give all participating military personnel training in civilian police law and   procedures; (2) a need to establish proper control and accountability for the military   participation; and (3) a need to secure at least prior UN Security Council endorsement before   militarily invading another country, even for the noble purpose of "protecting human rights".    Until these needs are fully met, it is best to avoid using military personnel as international   police agents.
UN Security Forces
The use of UN security forces to maintain peace and order in local bloody conflicts, as in   the recent Gulf War and in Bosnia, is a fascinating development.  It reflects a new world   consensus behind such UN police actions, at least in some cases, and it makes the UN appear   more and more like an evolving world governmental authority with "bite" well as "bark".    Nevertheless, UN police actions are subject to the same three critical needs, listed above, for   military personnel--training, control and accountability, and prior Security Council approval.
Interpol
Expanding Interpol's roll in combating transnational crime is highly desirable in that it is   well-established, offers valuable law enforcement experience and resources, and furthers our   "guiding principles".  The primary limits on Interpol's usefulness are the complexity of its   procedures and their remoteness to patrol officers--at least in the U.S..  To the extent that they   need information or assistance from a foreign police agency, most U.S. police officers are likely   to try to deal directly with the foreign police agency or ask the FBI or DEA for assistance.    Then, if these fail, either a follow-up detective, the FBI, or DEA would contact Interpol.    Utilizing Interpol's services requires expertise, time, and money, particularly if arrest,   extradition, and/or the seizure of property is involved.  Because of these factors, potential   Interpol cases must be reviewed, prioritized, and rationed.
Fraternal Police Exchanges
Along with the growth of world travel and tourism generally, more and more police   officers are now taking vacations in other countries, meeting their foreign colleagues,   socializing with them, and corresponding with them by letter, phone, FAX, or E-mail.  The   International Police Association, a worldwide police fraternal organization, reports increasing   levels of membership and travel hosting applications, and conversations with police officers in   the U.S. and abroad confirm an upswing.  Such fraternal police exchanges offer immeasurable   benefits.  Building on a natural occupational connection between police officers everywhere,   they enable officers and their families to meet foreign officers and their families personally, to   eat and "party" with them, and to share recreational and sightseeing activities.  In addition to   being fun, they foster more open communication, a deeper understanding of different cultures   and customs, and a greater willingness to work together and help each other out--a definite   boost for the "harmonization" process.
Working Relationships in Specialty Areas
The police occupation, like most of the world's occupations, has become increasingly   specialized, and each of the specialty areas has developed a unique identity and fraternity of its   own based on a commonly held esoteric body of knowledge, experiences, and terminology.    The following are examples of established police specialty areas: patrol, communications,   budget/finance, administration, personnel, burglary investigations, homicide investigations,   traffic control, criminalistics, management control, and training.  When officers from one police   agency communicate with officers in another, even across national borders, it is often within a   specialty area, and some specialty areas have formed international professional organizations of   their own, such as International Association of Chiefs of Police and Homicide Investigators'   Association.  When officers travel to other countries, they often seek contact with officers from   their own specialty area to compare notes and learn from each other.
To advance the shared knowledge of the specialty area, and to bring all of their   practitioners up to speed, many specialty areas organize international conferences and/or hold   joint training exercises.  For example, American Society of Law Enforcement Trainers, with a   large and growing international membership, is sponsoring an international training conference   in Buffalo, New York, in January, 1997; and my police training colleagues in Enkenbach,   Germany, regularly conduct joint training exercises with French and Belgian police in the areas   of police dog handling, bomb investigations, and hostage negotiations.  Importantly, such   conferences and exercises are not seen as threatening to the authority of incumbent politicians   and police administrators because they deal with relatively narrow, technical aspects of the   police operation.  They offer prestige to the hosting country and agency, and for the   participants, they are both fun and professionally rewarding.  They should, and probably will, be   expanded.
Focusing on Recruit Training
Of the many police specialty areas in which international working relationships are   developing, recruit training offers the best vehicle for promoting greater international police   cooperation.  This is so for at least three reasons: (1) it cuts across all of what new officers are   taught to do; (2) it employs teaching/educational goals and methods; and (3) it is one of the   most conveniently shareable specialty areas.
Knowing what a given police agency teaches its recruits to do provides us with an   excellent first step in getting to know them.  It is even better if we can find out the "why"   behind the "what", and most training programs provide this too.
The use of teaching/educational goals and methods means that there is a commitment to   transmit knowledge and learning, and that the instructors have skills and equipment to   accomplish this.  Hence, there is both motivation and ability to transmit what is taught to   "outside students" as well as to recruits.
Training programs are usually well documented--at least in terms of printed curricula,   course outlines, and lesson plans.  They are also usually conducted under circumstances that   would not endanger observers or have observers interfere with police operations.  Hence, if   there is a willingness to share what is taught with outsiders, it is relatively convenient to do so.
CONCLUSION
Brief Summary
To briefly summarize what has been said so far, transnational crime has become more   prevalent and serious today than ever before, at least in the public's perception, and has become   a pressing international political issue.  Meanwhile, there are many conditions in today's world   that make the development of international police cooperation more possible and convenient   than ever before.  In capitalizing on this opportunity, we should follow two guiding principles,   based essentially on the values of bilateralism, legality, effectiveness, and consistency, so that   our newly expanded cooperative police relationships mark progress rather than regression.  The   process by which successful police cooperative relationships develop, "harmonization", requires   that four enabling conditions be met, and there are serious obstacles to be overcome in   achieving these conditions.  Finally, of seven current trends in international policing considered,   one, the development of working relationships in specialty areas, bears special promise for   improving international police cooperation in the future.
A Few Personal Comments
There is much that could be done to help further the development of international police   cooperation--involving, among other parties, academia, individual police agencies, Interpol, the   U.N., prosecutors and legal advisors, those who develop and administer police training   curricula, and politicians.  Unfortunately, this discussion must be deferred to another forum.    Whatever may be attempted in the future, however, I hope that the "guiding principles" stated   above are kept in mind.
There is danger in current political rhetoric that would characterize criminals,   transnational or domestic, as faceless hostile invaders from another world.  Certainly, what the   criminals do is bad, and they fully deserve to be punished; but it is important to keep in mind   that the criminals themselves are human beings and members of our societies-our blood   relatives.  In spite of their bad behavior, we need to treat them fairly.  This is important for   maintaining our own "humanity" and self-respect.
There is also danger in overemphasizing specialization and efficiency/effectiveness in   police operations, both domestic and transnational.  Some specialization is probably necessary   to keep up with all of the technical skills and knowledge demanded of police agencies today;   but too much fosters divisiveness in the organization and bureaucratic behavior in dealing with   the public.  Likewise, an overemphasis on efficiency and effectiveness, particularly when   applied to the "crime control" dimension of the police role, tends to place officers in a remote,   adversary relationship with the public.  This phenomenon is responsible in large part for the   current popularity of the "community policing" concept, that stresses the "helper/server"   dimension of the police role and close, neighborhood-based relations with the public.
Finally, the process of developing good, lasting international police cooperation--termed   "harmonization"--will take time and patience.  There will be occasional errors and adjustments,   perhaps also setbacks.  Nevertheless, because of the world developments mentioned above, this   process will probably advance in the future, even without special help from us.
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