IMPACT OF WAR AND CONFLICT ON DRUG TRAFFICKING AND THE NDPS ACT, 1985

ABSTRACT

“Humanity if ever has faced the worst misery of all, it is in the shape of wars and conflicts”

War is a state of armed conflict between different countries or groups within a country. From the economy to the mental health of individuals, the devastating consequences of war are witnessed in every aspect of life. It has a profound and far-reaching effect on nations and societies. One of the most devastating impacts of war is seen in the lives of the people. The normal day-to-day activities of the people living in the war zone areas are affected because of wars and conflicts. People do not only die but they also suffer from food shortages and water shortages, inflation, lack of necessities, loss of livelihood and most importantly absence of peace which has a toll on their mental health. The armed personnel who are at the war front also suffer from various psychological issues. For a moment of respite in such depressing situations, people may resort to illicit substance use and trafficking of drugs gets rampant. The wars not only increase the demand for drugs but also have an impact on other various dimensions of drug trafficking. This article mainly emphasizes the impact of the war on drug trafficking and its various dimensions including the focus on the Narcotic Drugs and Psychotropic Substance Act of 1985.

Keywords

War, Drug Trafficking, War-Torn Zones, Columbian War, La Violencia, Afghan War, Conflict Groups, Organized Crime, Opium Trade.

INTRODUCTION

Drug trafficking is one of the serious issues of the contemporary society. It has a far-reaching impact on the country’s moral and social aspects alongside human welfare. Not only that drug trafficking has significant economic, social, and political impacts worldwide, affecting nations and communities on multiple levels. Trafficking of drugs across borders also raises the questions of border security as it spans continents, involving various actors from small-scale farmers to international criminal organizations. The United Nations Office on Drugs and Crime (UNODC) estimates that the global drug trade generates hundreds of billions of dollars annually. The issue of drug trafficking gets further aggravated in war-torn zones which become the hotbeds of production and distribution. Because of the absence of law enforcement agencies in these zones and proper government regulations, a conducive environment for illicit activities including drug trafficking is created. The warring factions and insurgent groups often resort to the drug trade to finance their operations, leveraging the instability to cultivate, produce, and distribute drugs. The chaos and corruption prevalent in conflict areas also allow traffickers to operate with relative impunity, while the economic desperation of local populations makes them vulnerable to participation in the drug trade[1].

Drug trafficking in the war-torn zones destabilizes the economy, impacts the well-being of the people, and completely shatters the human welfare in the region. War-torn regions often see a rise in drug addiction and related health problems due to the increased availability of drugs. This strains already fragile healthcare systems and exacerbates the suffering of local populations. It also contributes to an increase in violence and crime in conflict areas. Traffickers and armed groups often engage in brutal tactics to control territories and trafficking routes, leading to further insecurity and civilian casualties. The relationship between the war and drug trafficking is thus multifaceted and dynamic. While war and conflict create suitable situations for drug traffickers, drug trafficking through its mechanism furthers the consequences of war.

IMPACT OF WAR AND CONFLICT ON DRUG TRAFFICKING

War and conflicts significantly impact drug trafficking. It creates a space where the production and distribution of illegal drugs get easy and can be accessed by a wide range of consumers affected by the brutalities of war. The illicit drug economy distorts local markets, exacerbating poverty and economic instability, while also leading to public health crises due to rising drug addiction[2]. The impacts of war and conflict in drug trafficking can be understood in detail under the following headings.

Incentivization of Drug Trafficking

Within a wartime economy, the economic sectors are classified into the vulnerable and non-vulnerable sectors. The vulnerable sectors include agriculture and arable subsistence and the non-vulnerable sectors include construction, transport, distribution, finance, and manufacturing.

As conflict progresses, typical war-vulnerable sectors are unable to cope with the burden of stress and thus are rendered ineffective, leaving both state and non-state actors unable to finance themselves through most means. As a result, most illicit trades become incentivized and drugs become the most lucrative option, as oil, gems, and timber are more advanced trades requiring skilled labor, equipment, and more, while drug production requires unskilled labor and limited technology[3]. Hence the foremost impact of war and conflict is that it induces drug trafficking in the war zone region. The trafficking of drugs can take place within the region and also across borders thus having global implications.

Besides, war and conflicts cause severe psychological trauma to civilians and soldiers alike. The high levels of stress, fear, and anxiety prevalent in conflict zones drive individuals to seek relief through substance abuse and thus act as a coping mechanism for them. The war and conflicts in a region henceforth do not only create an illicit business of drug trafficking but it also creates a market for drugs with high demand. In the context of the conflict in Syria, for example, drug seizure data recorded before and after the outbreak of the war suggest an increase after the outbreak of the conflict. It suggests an increase in drug trafficking whereby traffickers were taking advantage of the instability in the country.

Routes of Drug Trafficking:

There are three specific dimensions to the impact of war and conflicts on the drug trafficking routes.

1. Dismantling of routes:

War often leads to the displacement of populations and disrupts regular economic activities, including established drug trafficking routes. Traffickers may be forced to find alternative routes to avoid conflict zones and areas of heavy military presence. The Syrian civil war for instance disrupted traditional drug trafficking routes in the Middle East. As a result, traffickers adapted by creating new pathways through neighboring countries like Lebanon and Jordan to circumvent the conflict areas.

2. Access to new routes

The chaos and reduced state presence in conflict zones create new opportunities for traffickers. The conflict-induced changes in drug trafficking routes thus has regional and international repercussions. Neighboring countries may see an influx of drugs and related criminal activities as traffickers adjust their routes. An example can be given of West Africa. Conflicts in the countries like Mali and Libya led to the emergence of new drug trafficking routes. Traffickers exploit the instability and lack of effective governance to move drugs from Latin America through Africa to Europe.

3. Humanitarian trade and use of channels

Humanitarian aid efforts during conflicts can inadvertently create new smuggling routes. Traffickers may disguise their operations as aid deliveries or use the same logistical channels to move drugs.During the conflict in Bosnia and Herzegovina in the 1990s, there were reports of drug traffickers using humanitarian aid convoys to smuggle drugs into Europe. The chaotic environment allowed them to blend in with legitimate aid operations.

Corruption and Complicity:

Corruption and complicity are some of the major consequences of war that can have an indirect bearing on drug trafficking. Conflicts often lead to the weakening of law enforcement agencies and corruption within government organizations. It creates an environment where illegal activities can thrive. The drug traffickers exploit the vulnerability of governments in war zone areas to ensure safe passage for their shipments. Moreover, conflicts divert the focus and resources of law enforcement agencies toward maintaining security and addressing immediate threats. This diversion allows traffickers to operate with less scrutiny and oversight. In some conflict zones, armed groups and traffickers establish parallel governance structures that rival the official government. These structures often include their own security forces and administrative systems, funded by drug trafficking revenues. By bribing officials and weakening law enforcement, traffickers exploit the chaotic environment of conflict zones. This not only facilitates the flow of drugs but also undermines efforts to achieve peace and stability.

Organized Crime Groups, Conflict Actors and Terrorists

Organized crime groups, conflict actors, and terrorists operate in conflict zones in ways that profoundly impact drug trafficking beyond just increasing its volume. Their activities reshape drug trafficking dynamics, influence regional stability, and exacerbate the consequences of conflict. Organized crime groups often seize control of key drug production areas and trafficking routes in conflict zones. Their involvement ensures the efficient operation of drug trafficking networks, often militarizing these routes to protect their interests. In Colombia, for instance, drug cartels like the Medellín and Cali cartels have historically controlled large coca-growing regions and trafficking routes. Their influence has led to intense violence and corruption, which further entrenches their control and destabilizes the region. Moreover, terrorists and conflict actors, including both state and non-state actors, exploit the chaos of conflict zones to further their agendas. They may engage in or facilitate drug trafficking as a means of funding their activities, strengthening their control, or gaining strategic advantages. The involvement of these actors in drug trafficking can lead to severe humanitarian consequences, including displacement of populations, destruction of infrastructure, and increased suffering among civilians. The chaotic environment created by drug trafficking and conflict also hinders humanitarian aid efforts and exacerbates the plight of affected communities.

The war thus has a profound impact on drug trafficking. It does not only create markets and demand for drugs but also influences the pattern of trafficking routes. Conflicts provide an opportunity for the warring groups to intentionally induce drugs into the conflict zones and shatter the moral and ethical foundations of society. An understanding of these dynamics is crucial for developing strategies to combat drug trafficking in conflict and post-conflict settings.

CASE STUDY

Guatemalan Civil War (1960-1996)

A notorious transportation country between Colombia and the US, Guatemala has long been plagued by the issues of armed conflict and drug trafficking[4]. In reaction to left-wing policies implemented by former President Juan Jose Árbenz, a US-backed coup in 1954 led to the installment of a new leader[5]. Carlos Castillo Armas, a military dictator was chosen as a new leader who introduced the anti-communist policies. The Mayan population in the region received certain benefits from the policies of the previous government as they had historically suffered from discrimination and racism. However, such reservations came to an end with the new government. The communists in the country also suffered from imprisonments, beatings, and killings under his regime. A civil war finally broke out in 1960. The military first assumed control of state governance and then took hold of national affairs, eventually implementing a total state of siege under the police. Various repressive measures like imprisonments, assassination, extrajudicial execution, and torture against left-wing insurgents. Over time, corruption spread extensively within military networks, paving the way for criminal organizations to thrive within state intelligence and military services.

Guatemala had been traditionally a drug-producing and transporting state between the USA and Latin America. Before the civil war, highland campesinos in Petén had traditionally cultivated poppies and sold heroin paste to Mexican traffickers on a small scale. However, the trafficking of drugs increased in the region after the civil war. In 1990, the USA and Mexico introduced some policies to counter drug trafficking. As such the traffickers switched their routes towards southern Mexico and Central America. Since large areas of Guatemala were loosely secured and under little surveillance, it became an important transit location for the drug traffickers. The international trade of drugs boomed as the civil war continued. It increased from 165 to 275 tons of cocaine and heroin in 1993 that were produced in South America and smuggled through Central America.

Colombian Civil War (1964–Present)

One of the leading examples to understand the impact of war and conflicts on drug trafficking is the Columbian Civil War. The Civil War began in the mid-1960s and involved various factions, including the Colombian government, leftist guerrilla groups like the Revolutionary Armed Forces of Colombia (FARC) and the National Liberation Army (ELN), and right-wing paramilitary groups such as the United Self-Defense Forces of Colombia (AUC). The conflict was driven by a combination of deep-seated socioeconomic inequalities, political exclusion, and land disputes. The roots of the war trace back to the conflict known as La Violencia, which was triggered by the 1948 assassination of liberal political leader Jorge Eliécer Gaitán and in the aftermath of the anti-communist repression in rural Colombia in the 1960s the stark rural poverty and the concentration of land ownership in the hands of a few, which left many peasants landless and impoverished[6].

As the Columbian conflict continued, the issue of drug trafficking became more prevalent in the region. The narcotic industry began to infiltrate political entities engaged in the war to finance their operations. To finance its operations the paramilitary groups began to levy a tax of 10 percent per kilogram of coca base (an important raw material for making Cocaine). In 1994, 447,000 hectares of coca were being produced in the country which increased to 163,000 hectares in 2000. Coca cultivation remains highly profitable in the region. The reason is that the armed groups continue to facilitate its production and trafficking or safeguard traffickers’ crops to sustain their operations. Marijuana growers and opium farmers also come under the tax scrutiny of these groups. A fee collection from traffickers leaving rebel-controlled areas is another financing strategy operated by these groups. The conflict-induced drug trafficking and its association with political entities has led to widespread corruption in the region and democracy is completely in shambles. Understanding these complexities is increasingly important to restore peace in the region.

Afghanistan War (2001-2021)

The Afghan War, beginning in 2001 with the U.S.-led invasion, was initially aimed at dismantling al-Qaeda and removing the Taliban from power. This swift intervention led to the collapse of the Taliban regime and the establishment of a new Afghan government under President Hamid Karzai. However, the conflict soon evolved into a prolonged insurgency as the Taliban regrouped and launched attacks against both the Afghan government and NATO forces involved in the region. The international community primarily through the International Security Assistance Force (ISAF) was also involved in the conflict and aimed at stabilizing the country and supporting reconstruction efforts. Despite a surge in U.S. troops and strategic adjustments, the Taliban persisted, exploiting government weaknesses and corruption. By 2014, NATO transitioned to a support role, focusing on training Afghan security forces. The eventual withdrawal of U.S. troops in 2021 led to the rapid collapse of the Afghan government and the Taliban’s return to power.

The protracted conflict in Afghanistan has had significant implications for drug trafficking, as Afghanistan remains the world’s largest producer of opium. The Taliban and other groups have used the drug trade to fund their operations, and many Afghans rely on opium cultivation due to economic necessity. Corruption within Afghan institutions has further hindered effective counter-narcotics efforts, allowing the drug trade to flourish amidst the ongoing instability. Afghanistan became the leading producer in the world of opium, producing nearly 86% of the supply in 2020. In 2022 Taliban government in the region banned opium production and has been rerouted underground again or moved to neighboring countries, such as Tajikistan. However, the opium trade continues to dominate the political dynamics in the region as it brings considerable wealth and power with it.

WAR AND THE NDPS ACT, 1985

The Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985 in India is a comprehensive legal framework aimed at regulating and controlling drug-related activities. The act primarily focuses on domestic drug control; however, it has provisions that are relevant for addressing war-induced drug trafficking. The NDPS Act enforces strict prohibitions and penalties for various drug-related offenses, which are crucial in combating trafficking, especially in conflict zones where such activities may intensify. The Act provides for the attachment and forfeiture of properties linked to drug trafficking, helping to dismantle criminal networks that exploit conflicts. Additionally, it facilitates international cooperation, aligning with global conventions to tackle cross-border drug trafficking exacerbated by conflict. This international dimension is vital for addressing drug trafficking that crosses borders and is aggravated by conflicts. Cooperation with other countries can help in tracking and intercepting drug shipments, sharing intelligence, and coordinating law enforcement efforts. Special provisions within the Act for investigations and trials ensure that drug-related offenses are addressed even in unstable environments. Furthermore, the Act includes preventive measures and rehabilitation programs, which are essential in conflict zones where drug abuse may rise due to psychological and economic pressures. Despite these robust provisions, implementing the NDPS Act in conflict-affected regions can be challenging due to disrupted governance and weakened law enforcement, necessitating enhanced international cooperation and targeted strategies to effectively combat drug trafficking in such environments.

CONCLUSION

Peace and Stability are essential elements for law enforcement agencies in any country to work and implement rules and regulations. It plays a crucial part in preventing illicit activities from taking a grip on the region and causing serious economic and political imbalances. As the peace of a region is disturbed due to conflicts the law enforcement agencies find it difficult to effectively deal with various issues of high consideration including trafficking of drugs. As such an increase in the trade of drugs becomes a direct consequence of war which has a bearing on other socio-political and economic issues. Understanding the impact of wars and conflicts on the trafficking of drugs is crucial to deal with its menace and develop coping mechanisms that can efficiently address the issue even in times of instability and conflict.

REFERENCES

Sierra Rupp, From Fields to Frontlines: The Relationship Between Drug Trafficking & Armed Conflict, 24 PSA undergrad. Jr. of pol. 41, 41-47 (2024)
World Drug Report 2022, United Nations Office on Drugs and Crime (last visited August 1, 10:30 am) https://www.unodc.org/
Marshall B Lyod, Conflict, Intervention, and Drug Trafficking: Unintended Consequences of United States Policy in Colombia, 36 Okla. City U. L. Rev. 318-346 (2011)
William A. Byrd, Responding to Afghanistan’s Opium Economy Challenge: Lessons and Policy Implications from a Development Perspective, World Bank, 1-4 (2008)
Peter Andreas, Drugs and War: What Is the Relationship? 22 Annual rev. of pol. sci. 57, 60-71 (2018)

[1] Paul Gootenberg, Andean Cocaine: The Making of a Global Drug, 15-54 (University of North Carolina Press 2009)

[2] J. Collins, The Economics of War on Drugs, 45 (Palgrave Macmillan 2014)

[3]Sierra Rupp, From Fields to Frontlines: The Relationship Between Drug Trafficking & Armed Conflict, 24 PSA undergrad. Jr. of pol. 41, 42 (2024)

[4]Sierra Rupp, From Fields to Frontlines: The Relationship Between Drug Trafficking & Armed Conflict, 24 PSA undergrad. Jr. of pol. 41, 44 (2024)

[5]Sierra Rupp, From Fields to Frontlines: The Relationship Between Drug Trafficking & Armed Conflict, 24 PSA undergrad. Jr. of pol. 41, 44 (2024).

[6] Colombian conflict, https://en.wikipedia.org/w/index.php?title=Colombian_conflict&oldid=1237978418 (last visited Aug. 3, 2024).

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