Legal Responses to Global Crime COURSE SUMMARY University Roma3 Ambassador Dr Ugljesa Ugi Zvekic

COURSE SUMMARY STRUCTURE Global Crime Trends/SDGs and Global Crime Transnational organized crime Drug Trafficking and Abuse Human Trafficking Smuggling of Migrants Corruption Arms Trafficking Terrorism Environmental Crime Conclusive Round Table Class Discussions x 2

GEOPOLITICS and Global Crime Issues & Risks Geopolitics of Global Crime

TODAY: Issues & Challenges Conflicts Iraq; Syria; Lybia; Yemen; Mali; Nigeria; Ukraina UN role marginalized Tensions and new actors USA and Russia China EU BRIC(S): Brazil, Russia, India, China (South Africa) International scene - G 7(8); G20; NAM; regional and subregional organizations (EU/AU/SADC/ECWAS/Surmercur)

TODAY: Risks* Economic and Financial Crisis Energy Security Vulnerable communication and data systems- cyber attacks Inequalities/ Unemployment/Labour Exploitation Migration Transnational Organized Crime/Corruption/Data Fraud and Theft *World Economic Forum;: Global Risks 2015

TODAY: Risks (cont.) Climate Change Natural Catastrophies Water and Food Security Health: AIDS/Infectious Diseases/Cancer Urbanization in developing world Governance of emerging technologies Human dignity and human rights

Crime Follow the trend lines, not the headlines Perceived threats and risks of crime have increased over time Two counterdictory trends: FIRST: a decline in violent crime over time* SECOND: an increase in global organized crime accompanied by THIRD: Increase in International Legal Responses and Cooperation * Steven Pinker, Andrew Mack: Declining Violence in the World, 2014

Transnational Organized Crime Trends and characteristics UNTOC

Extent Impact What Is UNTOC? What Is UNTOC? Transnational organized crime is not new but scale and scope have changed New forms and methods of legitimization Shifts in major illicit markets Expansion of new criminal markets and demand for new commodities Blurring of traditional producer, consumer and transit state typologies Impact

Geopolitics of Transnational Criminal Flows and Markets Suppliers of criminal flows: not anymore mostly from developing world and countries in transition Receivers: not only North America and West/Central Europe; Asia BUT Geopolitical equilibration of suppliers and receivers of illicit capital flows, money laundering, corruption, orgainzed crimet

UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME In force 2003 Almost universal ratification: 184 3 Protocols A. Human Trafficking B. Migrants Smuggling C. Firearms

STRUCTURE ON UNTOC Defines and standardizes terminology Requires States to criminalize specific conduct Specific control measures (money-laundering, corruption etc.) Confiscation of proceeds of crime Cooperation (extradition, legal assistance, joint investigations, special investigative techniques, law enforcement cooperation etc.) Training, research, information measures Prevention Technical provisions (signature, ratification etc.)

DRUGS Drug trafficking and use Drug Conventions

Recent trends in drug production, 2007 – 2011/12 Opium: decline (2007-2012) Heroin: stable (2007-2012) Cocaine: decline (2007-2012) Cannabis: stable (2007-2011) resin: some decline herb: stable Amphetamines: increase (2007-2011) Ecstasy: decline (2007-2011) ‘New psychoactive substances strong increase (2007-2011/12)

INTERNATIONAL LEGAL ANTI-DRUG FRAMEWORK Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Convention on Psychotropic Substances of 1971 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988

DO NOT USE DRUGS ? The issue of drug legalization for recreational use (Uruguay; WA; CO; OR;AL)

HUMAN TRAFFICKING & SMUGGLING OF MIGRANTS Trends and characteristics Two Protocols

Breakdown of trafficking flows by geographical reach, 2010-2012

Detected forms of exploitation globally, 2011 Begging Petty crime Illegal adoption and baby selling Forced marriage Child soldiers Pornography Benefit fraud mixed

AFRICA to EUROPE By land and sea Western Route: from Senegal, Guinea, Mali Central Route: from Nigeria, Ghana, Niger Eastern Route: Eretria, Somalia, Sudan (Darfuf) Costal Route (to Spain): Senegal, Mauritius, Western Sahara, Canary islands Egypt to Greece/Turkey: Ionian & Adriatic Sea

ASIA to Europe The Balkan Route Afghanistan Iraq Syria Turkey Greece – Macedonia-Serbia – EU EU Response: deal with Turkey

Human Trafficking and Smuggling of Migrants Common: EXPLOATATION and EXTORTION HUMAN SUFFERING NO PROTECTION

Trafficking and Smuggling Protocols UNTOC Trafficking in Persons (169 Parties) Smuggling of Migrants (141 Parties)

TIP Protocol – elements of trafficking in persons ACTION MEANS PURPOSE Recruitment Threat Exploitation: Transport Use of Force Sexual exploitation Transfer Coercion Forced Labour Harbouring Abduction Slavery or similar acts Receipt of Fraud Removal of organs persons Abuse of power Other forms of or vulnerability exploitation Giving payments or benefits

SOM Protocol – Elements of Smuggling of Migrants

Trafficking UNTOC Protocol Arms Trade Treaty Geneva Declaration FIREARMS Trafficking UNTOC Protocol Arms Trade Treaty Geneva Declaration

Global distribution: a largely civilian arsenal Contact: AKa Figure based on RN 9. Illustrates the importance of civilian holdings. Source: Small Arms Survey

Top exporters ■ Austria ■ Germany ■ Spain ■ Belgium ■ Israel ■ Sweden ■ Brazil ■ Italy ■ Switzerland ■ Canada ■ Japan ■ Turkey ■ China ■ Norway ■ United Kingdom ■ Czech Rep. ■ Russian Fed. ■ United States ■ France ■ South Korea

Top importers ■ Australia ■ Germany ■ South Korea ■ Canada ■ Italy ■ Spain ■ Cyprus ■ Japan ■ Thailand ■ Egypt ■ Pakistan ■ Turkey ■ France ■ Saudi Arabia ■ United Kingdom ■ United States

Trafficking in Firearms Protocol UNTOC Ratified: 114 Legally binding Crime prevention and criminal justice perspective Framework to combat the illicit manufacturing and trafficking Investigation and prosecution of related offences

ARMS TRADE TREATY Adopted by the UNGA on 2 April 2013 154 for; 3 against (Iran; North Korea and Syria) and 23 abstained (e.g.US; Russia; China) Entered into force on 24 December 2014 113 signatories 65 parties (ratified as of 30/3/2015)

ATT: PURPOSE The first international, legally binding instrument to establish the ‘highest possible common international standards for regulating or improving the regulation of the international trade in conventional arms’ (Article 1).

The Geneva Declaration on Armed Violence and Development (2006) First adopted by 42 states on 7 June 2006 Now signed by 113 countries The strongest political statement and commitment addressing the impact of armed violence on development

CORRUPTION TRENDS UNCAC and regional instruments

GLOBAL VIEW 6 billion people live in the countries with serious corruption problems (score less than 50) 2 out of 3 countries have serious corruption problem

SELECTED COUNTRIES RANK ITALY 69 Top: Denmark, NZ, Finland, BELGIUM 15 Singapore, Sweden, Norway FRANCE 26 GERMANY 12 UK 14 USA 17 RUSSIA 139 CHINA 100 Bottom: South Sudan, SERBIA 78 Lybia, Syria, Iraq

FOREIGN PUBLIC OFFICIALS BROBERY (OECD)

International Conventions against Corruption Basic Facts Global Conventions: UNCAC (2003/2005) UNTOC (2000/2003) OECD Anti-Bribery Convention (1997/1999) Africa: AU /SADC/ECOWAS Americas: OAS Arab: Arab League EUROPE: CoE/EU

TERRORISM Terrorism of today: religious-based political socialization and territorial strongholds Territorial spread of strongholds (Iraq/Syria/Lybia/Mali/Somalia/Nigeria) and cell locations (Europe/USA/Russia) International membership (also from second generation migrants) It requires focused but comprehensive responses Beyond the security plane Developmental, political and human rights responses The role of the UN of utmost importance but still no universal single anti-terrorist convention

ENVIRONMENTAL CRIME SDG 2030 – Goal 16 includes: combatting poaching and trafficking of protected species CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1975): protects 35,000 species but million more remain unprotected Organized Crime and Corruption play major role in ilicit trade on a global level Types: furniture, art, décor and jewellery, cosmetics and perfumes, food, tonics and medicines, zoos and breeding, seafood A need for criminal law protection

THE END THANK YOU FOR YOUR PARTICIPATION AND CONTRIBUTION HOPE YOU ENJOYED IT AS MUCH AS I DID Ambassador Dr Ugljesa Ugi Zvekic