INTERNATIONAL LEGAL FRAMEWORKS FOR COMBATTING DRUG TRAFFICKING

ABSTRACT

Drug trafficking takes place across the globe and it has become a major cause of concern. The increase in the use of drugs fuelled by the rising supply chain, has led to substance abuse in many countries. Infiltrating drugs across the border has caused drug trafficking and has become a tool for some countries to start proxy wars in the form of drug addiction. There are various reasons why drug trafficking is increasing putting countries at risk of its people getting affected. There are some international conventions and legal frameworks enacted to counter and tackle the growing threat of drug trafficking. Many countries have strict laws on drug trafficking. In this article, the focus will be on understanding what is drug trafficking, its types, international legal frameworks and measures to tackle drug trafficking, and some instances of drug trafficking cases.

Keywords

Drug Trafficking, drugs, International Conventions.

INTRODUCTION

Meaning of drug trafficking –

“Drug trafficking includes the illegal production, distribution, transportation, sale, or smuggling of controlled substances that are classified as illicit drugs under international and domestic laws. It encompasses a range of activities including the cultivation of drug-producing plants, the manufacturing of synthetic drugs, and the large-scale distribution of narcotics.”[1] The concept of drug trafficking is not new. Britishers used to cultivate opium in their colony and sell it to different parts of the world making them addicted. Since then, the scope of drug trafficking has only increased. Now, drug tracking encompasses various types of drugs and has become a social problem not only affecting people but also disturbing social strata. This has resulted in the governments across the world to take strict measures to tackle drug trafficking.

Common types of drugs trafficked-

Classification of drugs used to traffic differs on a country-to-country basis but commonly includes-

Narcotics-

It is a drug that makes you feel no pain or to sleep. It can be used medically or illegal based on how it is used.

Examples- Heroin, morphine, opium, and fentanyl, which are often derived from the opium poppy plant. Effect- Depressants that relieve pain but can lead to addiction.

Psychotropic substances-

These are drugs or other substances that affect how the brain function.

Examples are MDMA (ecstasy), LSD, methamphetamine, and ketamine whose sources are synthetic or semi-synthetic material.

Effects- Mind-altering substances that affect mood, perception, and behavior.

Cannabis and its derivatives

Examples include- Marijuana, hashish, and cannabis oil derived from the Cannabis sativa or indica plant. Effect- Psychoactive effects include euphoria and altered perception.

Cocaine and its derivatives-

Example- cocaine powder and crack cocaine derived from coca plant leaves.

Synthetic Drugs and Design Drugs-

Examples- Synthetic cannabinoids, bath salts, and mephedrone.

Prevalent methods of drug trafficking-

Drugs can be trafficked through various means. Based on the demand, countries, and situations drugs are smuggled. Drug lords and drug trafficking networks use diverse and sophisticated methods to avoid getting caught and maintain supply chains of drugs. Some of the techniques used are-

Smuggling across borders

Smugglers often smuggle drugs across the border by concealing drugs in trucks, shipping containers, or luggage. In India, drugs are mostly trafficked in the Punjab, Rajasthan, and Gujarat border by Pakistan and in the northeast region by Bangladesh and Myanmar. Through border, tunnels are used to supply the drugs from one country to another.

Use of humans Mules

Drugs are trafficked through humans by drugs swallowed in capsules or concealed in body cavities. It poses high risks for the person involved in trafficking, still many people continue to resort to such practises. At airports we often hear such news about person getting arrested by authorities over alleged drug bust.

Maritime drug trafficking-

Smugglers use sea routes for trafficking drugs by using small boats, cargo ships, or fishing vessels to transport drugs. Even some of the pirates such seas to smuggle the drugs.

Example- Smuggling cocaine from Africa to America via maritime routes.

Dark Web and Cryptocurrency-

Drug traffickers use the method of selling and purchasing drugs anonymously on the dark web, with payments made via cryptocurrencies. This has method is in usage in recent times with help of technology, an order of drugs can be made from anywhere in the world.

Organized Distribution Network-

By establishing local networks for the street-level distribution of drugs. Gangs and cartels control urban drug markets. Columbian Kingpin of cocaine, Pablo Escobar used this method to track drugs in Latin America. Drug trafficking involves a wide spectrum of substances and methods reflecting its global and complex nature. High demand, economic disparities, and evolving technologies persistently fuel drug trafficking.

VARIOUS INTERNATIONAL LEGAL FRAMEWORKS FOR COMBATTING DRUG TRAFFIC

Controlling drug trafficking requires a coordinated international approach as it transcends national borders. Various legal frameworks at the international level provide mechanisms for cooperation, enforcement, and prevention. this has put the emphasis on the countries to take proper measures and follow the guidelines mandated by the various frameworks.

Some of the major International legal frameworks are-

UNITED NATIONS CONVENTIONS

The UN has taken concrete steps to combat drug trafficking through legally binding international conventions. Being the paramount global body, the United Nations has urged the nations to take the necessary steps to counter drug trafficking.

“Single Convention on Narcotic Drugs, 1961”[2](as amended by the 1972 Protocol)

Aim-

To limit the production, manufacture, export, import, distribution, trade, and use of narcotic drugs exclusively for medical and scientific purposes while addressing the prevention and eradication of drug abuse.

Objectives-

To establish a unified system for controlling narcotic drugs.
To replace earlier international drug treaties with a comprehensive framework.
To provide mechanisms for combating illicit drug cultivation and trade.

Important Provisions

Schedules of Drugs: Introduced four schedules classifying narcotics based on their therapeutic value and risk of abuse.
International Narcotics Control Board (INCB): Established as a quasi-judicial monitoring body to ensure compliance with the convention.
Licensing and Monitoring: Member states are required to establish national systems for licensing and monitoring the production and distribution of narcotic drugs.
Alternative Development: Encourages socioeconomic measures to support the transition of communities involved in illicit cultivation.

“Convention on Psychotropic Substances, 1971”[3]–

Aim–

To control psychotropic substances, particularly synthetic drugs, while ensuring their availability for medical and scientific purposes.

Objectives-

To regulate the production and trade of psychotropic substances.
To prevent the diversion of psychotropic substances for illicit purposes.
To balance public health concerns with the need for therapeutic use.

Important Provisions

Schedules of Substances: Established four schedules based on their risk of abuse and medical utility.
Trade Controls: Obligates states to monitor and regulate international trade in psychotropic substances.
Reporting Obligations: It requires states to report data on the manufacture, import, export, and consumption of controlled substances.

“United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988”[4]

Aim-

To strengthen international cooperation in the fight against drug trafficking, focusing on criminalization, enforcement, and financial controls.

Objectives

To criminalize drug trafficking and related activities, such as money laundering.
To enhance international cooperation for law enforcement, extradition, and mutual legal assistance.
To address the control of precursor chemicals used in drug production.

Important Provisions

Criminalization: Mandates states to criminalize activities such as cultivation, production, transportation, and sale of illicit drugs.
Asset Forfeiture: Encourages the freezing and confiscation of proceeds derived from drug trafficking.
Mutual Legal Assistance: Provides mechanisms for extradition and the sharing of intelligence.
Precursor Chemicals: Imposes controls on chemicals essential for drug production.
Jurisdiction: Establishes principles for determining jurisdiction in cross-border cases.

“United Nations Office on Drugs and Crime (UNODC)”[5]

Aim-

To assist member states in implementing the UN drug conventions and combatting transnational organized crime related to drug trafficking.

Objectives

Provide technical assistance and capacity-building to states.
Promote evidence-based policy and data collection.
Enhance international cooperation to address global drug challenges.

Important Provisions and Initiatives

Global Programme against Money Laundering: Focuses on disrupting financial flows from drug trafficking.
Paris Pact Initiative: Targets the opiate trade from Afghanistan.
Education and Prevention Programs: Supports public awareness campaigns and alternative livelihoods for affected communities.

Regional Agreements-

“Organization of American States (OAS) – Inter-American Drug Abuse Control Commission (CICAD)”[6]

Role- Promotes multilateral cooperation among member states in the Americas.

Features:

Encourages intelligence sharing and capacity building.
Implements strategies to address the socio-economic factors underlying drug trafficking.

This convention was established to control large-scale flow of drugs in America. drugs have been entered through Mexico borders affecting the people. The organization seeks to ensure that all American countries unite in its effort to limit drug trafficking.

European Union (EU) Strategies

“EU Drugs Strategy 2021-2025”[7]: Focuses on reducing supply and demand while addressing harm related to drug trafficking.

Aim: To address drug supply and demand comprehensively across Europe.

Objectives:

To foster cross-border intelligence sharing and joint operations.
To support harm reduction strategies
Europol’s Role: Assists member states with intelligence-sharing and cross-border operations.

In Europe, drugs are commonly smuggled through the African borders and from Latin America through coastal borders. The five years action plan is adopted to curb the drug smuggling into the continent. These strategies can further be expanded to develop new strategies to counter use of illegal drugs.

“African Union Plan of Action on Drug Control (2019–2023)”[8]

Aim: To address drug trafficking along key transit routes in Africa.
Objectives: Strengthen legal and institutional frameworks to combat the drug trade

This action plan is among the key goals of African Union Vision 2063 framework. Africa is often perceived as least develop continent and this action plan serves to make the amends in ensuring that Africa develops and have better economic development of its citizen.

“Financial Action Task Force (FATF)”[9]–

Aim

To set international standards for combating money laundering and the financing of terrorism, including those linked to drug trafficking.

Objectives

To detect and prevent the laundering of drug trafficking proceeds.
To foster international cooperation in financial investigations.

Important Provisions

Recommendations: Provides a framework for national legislation and law enforcement practices.
Peer Reviews: Periodically evaluates member states’ compliance with anti-money laundering standards.
Freezing of Assets: Mandates the freezing of assets linked to drug trafficking networks.

“International Criminal Police Organization (INTERPOL)”[10]

Aim

To facilitate global police cooperation to disrupt drug trafficking networks.

Objectives

To coordinate intelligence sharing and operations.
To provide training and resources to national law enforcement.

Important Provisions

“Project CRIMJUST”[11]: Focuses on criminal justice responses to transnational crime.
Operations: Conducts coordinated enforcement operations targeting drug cartels.

Human Rights and Drug Policies-

(a) “International Covenant on Civil and Political Rights (ICCPR)”[12]

Emphasizes adherence to human rights standards in drug control measures.
Prohibits arbitrary detention or disproportionate penalties for drug-related offenses.

(b) “Sustainable Development Goals (SDGs)

SDG 3- Focuses on health and well-being by addressing drug abuse and its societal impacts.
SDG 16- Promotes justice and strong institutions to combat organized crime”[13].

Bilateral and Multilateral Agreements

Aim

To foster cooperation between specific states to address drug trafficking.

Objectives

Facilitate intelligence sharing and law enforcement collaboration.
Enable extradition and prosecution of offenders.

Examples- “The Merida Initiative (US-Mexico) focuses on combating drug cartels and strengthening law enforcement.”[14] ASEAN Cooperation: Promotes joint efforts among Southeast Asian nations to combat drug trafficking.

Why does drug trafficking continue to be a major problem for countries?

Despite having robust international legal frameworks, drug trafficking remains a persistent global problem. The reasons are multifaceted, involving legal, economic, social, and operational challenges fuelled by the demands of people.

REASONS FOR THE PERSISTENCE OF DRUG TRAFFICKING

1. More Demand for Drugs-

High Global Demand: The illicit drug market thrives on a strong demand for narcotics and psychotropic substances for recreational purposes.
Social and Psychological Factors: Poverty, unemployment, mental health issues, and social discontent drive individuals toward drug use and became addicted.

2. Economic Incentives

Profitability: Drug trafficking is highly lucrative, with low production costs and high street value as addicted people tend to give high prices in return for product.
Economic Vulnerabilities: Traffickers exploit economically disadvantaged regions where individuals may turn to illegal activities for survival.

3. Weak Law Enforcement and Corruption

Inadequate Enforcement: Many countries lack the resources, training, and technology to combat drug trafficking effectively, thus resulting in persistent use of drugs.
Corruption: Law enforcement agencies and government officials are sometimes compromised, allowing traffickers to operate with impunity.

4. Sophisticated Networks

Transnational Operations: Traffickers use sophisticated networks that span multiple countries, making enforcement complex. This is especially the case, when traffickers use mediums like dark web, which has no border restriction.
Technology and Innovation: Advances in technology enable traffickers to evade detection through encrypted communication, darknet marketplaces, and cryptocurrency transactions.

5. Geographic and Socio-Political Factors

Drug Cultivation Areas: there are various hotspots for drug production due to favourable climates and weak governance across the continents.
Conflict Zones: Political instability and armed conflicts create environments where drug trafficking thrives.

6. Challenges in International Cooperation

Legal Disparities: Differences in drug laws and penalties among countries hinder coordinated action.
Limited Resources: International agencies like INTERPOL and UNODC often face budgetary and logistical constraints.

7. Lack of Focus on Root Causes

Policies often emphasize punitive measures rather than addressing underlying socio-economic issues like poverty and lack of education, which fuel drug-related activities.

EFFECTIVE MEASURES AND SOLUTIONS TO COUNTER DRUG TRAFFICKING

1. Demand Reduction Strategies

Public Awareness Campaigns:

Educate communities about the dangers of drug use and the social consequences of trafficking.

Use media, schools, and community programs to promote awareness.

Treatment and Rehabilitation:

Invest in healthcare systems to provide accessible treatment for drug addiction.

Develop reintegration programs to support recovering addicts.

2. Strengthening International Cooperation

Harmonizing Legal Frameworks:

Encourage countries to align their drug control laws with international conventions.

Standardize penalties for drug-related crimes to prevent safe havens for traffickers.

Intelligence Sharing:

Enhance real-time data sharing through platforms like INTERPOL and UNODC.

Establish regional task forces to combat cross-border trafficking.

Capacity Building:

Provide training and resources to law enforcement agencies in developing countries.

Share advanced technology for surveillance and interdiction.

3. Addressing Economic and Social Vulnerabilities

Alternative Livelihood Programs:

Promote legitimate income-generating activities in drug cultivation areas as alternative means of livelihood.

Poverty Alleviation: States must invest in infrastructure, education, and healthcare in vulnerable regions.

Youth Engagement: Create job opportunities and vocational training programs

4. Strengthening Law Enforcement

Anti-Corruption Measures:

Governments must implement stringent accountability mechanisms to prevent corruption in law enforcement. Offer lucrative monetary incentives to discourage officers from colluding with traffickers.

Cybercrime Units:

Countries should establish dedicated teams to monitor and disrupt darknet marketplaces and cryptocurrency transactions linked to the drug trade.

5. Targeting Organized Crime Networks

Financial Disruption:

Police should partner with agencies to freeze and confiscate assets linked to drug trafficking and enhance anti-money laundering frameworks in collaboration with FATF.

Prosecution of Kingpins: Emphasis should be given to dismantling the leadership structures of cartels rather than targeting low-level offenders.

6. Community and Civil Society Involvement

Organize Grassroots Movements: Empower local communities to fight the influence of drug suppliers through education and advocacy and its aftereffects.

Non-Governmental Organizations (NGOs): Incentivise NGOs in harm reduction, victim rehabilitation, and legal advocacy.

7. Use of Technology and Innovation

Predictive Analytics: Deploy AI and machine learning to predict trafficking patterns and identify high-risk areas to counter drug supply.

Start using Surveillance Technologies: By deploying satellite imaging and biometric systems to border control and monitor illicit activities efficiently.

8. Adopting Specific Policy Reforms

Less Punishment for Minor Offenses: shifting focus from punitive measures for minor drug offenses to rehabilitation and social integration can help drug addicts remove their fear of getting harsh punishments.

Develop Evidence-Based Policies: formulate drug control strategies based on scientific evidence and technology.

9. Promote Sustainable Development

Integrated Approaches: If countries align drug control policies with the UN Sustainable Development Goals (SDGs) particularly goals on poverty reduction, health, and justice, it can help in containing the drug menace.

Recent instances where large amounts of drugs were caught-

India-

“Seizure of 700 kg of Methamphetamine: In a significant operation, Indian security agencies dismantled an international drug trafficking cartel, seizing 700 kg of methamphetamine. This operation underscores India’s commitment to eradicating drug trafficking networks.”[15]

“Conviction in Jagraon Drug Trafficking Case: The Additional Sessions Judge Sandeep Singh Bajwa convicted four individuals under the Narcotic Drugs and Psychotropic Substances (NDPS) Act in a high-profile case in Jagraon, Punjab. This verdict demonstrates the judiciary’s role in addressing drug-related offenses.”[16]

“Methamphetamine Seizure in Andaman and Nicobar Islands: Indian authorities intercepted over 6,000 kg of methamphetamine from a Myanmar vessel, marking the largest drug seizure in the region. The smugglers utilized Starlink’s satellite internet for navigation, prompting investigations into the technology’s role in facilitating such activities.”[17]

International-

“Operation Lionfish Hurricane-

The Operation Lionfish Hurricane, took place in April and May across Europe, North America, and Africa, resulting in the confiscation of 615 tons of illegal drugs and chemicals, highlighting the scale of international drug trafficking. The operation was led by an international police agency, based in Lyon, France.”[18]

“The arrest of Moroccan Drug Kingpin in Paris: French authorities arrested Saïd A, a leading figure in the Mocro mafia, responsible for significant cocaine trafficking and linked to multiple murders in the Netherlands. His arrest underscores the transnational nature of drug cartels and the collaborative efforts required to apprehend such figures.”[19]

CONCLUSION

Drug trafficking comprises a wide range of substances and methods, reflecting its worldwide and multifaceted nature. Drug trafficking is still prevalent because of high demand, economic disparities, and evolving technologies. Many International legal frameworks are enacted that together emphasize cooperation, legal harmonization, and socio-economic measures to fight drug trafficking. It underscores the importance of treating drug trafficking as a multifaceted issue requiring legal, financial, and developmental interventions. While international legal frameworks provide a strong foundation, their effectiveness depends on how effectively they are enforced. Governments, international organizations, and civil society must collaborate to adopt a holistic strategy that combines enforcement, prevention, and rehabilitation to counter the menace of drug trafficking effectively.

[1] Majaski, C. (2023). What Is Drug Trafficking? [online] LawInfo.com. Available at: https://www.lawinfo.com/resources/drug-crime/trafficking.html

[2] United Nations (n.d.). Single Convention on Narcotic Drugs. [online] United Nations : Office on Drugs and Crime. Available at: https://www.unodc.org/unodc/en/treaties/single-convention.html.

[3] United Nations Office on Drugs and Crime (2019). Convention on Psychotropic Substances. [online] Unodc.org. Available at: https://www.unodc.org/unodc/en/treaties/psychotropics.html.

[4] Ivan.Restrepo (2019). Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances. [online] Unodc.org. Available at: https://www.unodc.org/unodc/en/treaties/illicit-trafficking.html.

[5] UNODC (n.d.). About UNODC. [online] United Nations: Office on Drugs and Crime. Available at: https://www.unodc.org/unodc/en/about-unodc/index.html.

[6] US Department of State (2017). The Organization of American States Inter-American Drug Abuse Control Commission Group of Experts to Control Money Laundering. [online] U.S. Department of State. Available at: https://2009-2017.state.gov/j/inl/rls/nrcrpt/2015/vol2/239468.htm

[7] EU Council (2020). Council approves the EU drugs strategy for 2021-2025. [online] www.consilium.europa.eu. Available at: https://www.consilium.europa.eu/en/press/press-releases/2020/12/18/council-approves-the-eu-drugs-strategy-for-2021-2025/.

[8] African Union (2019). THIRD ORDINARY SESSION OF THE SPECIALISED TECHNICAL COMMITTEE ON HEALTH, POPULATION AND DRUG CONTROL (STC-HPDC-3) Theme: ‘Increased Domestic Financing for Universal Health Coverage and Health Security for All African Citizens-Including Refugees, Returnees and Internally Displaced persons’ AFRICAN UNION PLAN OF ACTION ON DRUG CONTROL AND CRIME PREVENTION (2019-2023). [online] Available at: https://au.int/sites/default/files/newsevents/reports/36768-rp-aupa_on_drug_control_2019-2023_final_with_foreword_-_english_.pdf.

[9] FATF (2024). The FATF. [online] www.fatf-gafi.org. Available at: https://www.fatf-gafi.org/en/the-fatf.html.

[10] Interpol (2017). What is INTERPOL? [online] Interpol.int. Available at: https://www.interpol.int/Who-we-are/What-is-INTERPOL.

[11] United Nations (2021). CRIMJUST. [online] United Nations : Office on Drugs and Crime. Available at: https://www.unodc.org/unodc/drug-trafficking/crimjust/index.html.

[12] United Nations (1966). International Covenant on Civil and Political Rights. [online] OHCHR. Available at: https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights.

[13] United Nations (2024). The 17 Sustainable Development Goals. [online] United Nations. Available at: https://sdgs.un.org/goals.

[14] Ocampomi (2021). The Merida Initiative. [online] U.S. Embassy & Consulates in Mexico. Available at: https://mx.usembassy.gov/the-merida-initiative/.

[15] PIB (2024). Union Home Minister and Minister of Cooperation Shri Amit Shah congratulates security agencies for busting an international drug trafficking cartel and seizing over 700 kg of contraband methamphetamine in Gujarat. [online] Pib.gov.in. Available at: https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2073666&utm

[16] Rajneesh Lakhanpal (2024). Four convicted in high-profile Jagraon drug trafficking case – The Tribune. [online] The Tribune. Available at: https://www.tribuneindia.com/news/ludhiana/four-convicted-in-high-profile-jagraon-drug-trafficking-case/?utm

[17] Munsif Vengattil and Kalra, A. (2024). Indian police to query Starlink on device used in huge haul of smuggled drugs. Reuters. [online] 3 Dec. Available at: https://www.reuters.com/world/india/indian-police-query-starlink-device-used-huge-haul-smuggled-drugs-2024-12-03/.

[18] Interpol (2022). Record seizures in INTERPOL operation against drug trafficking. [online] Interpol.int. Available at: https://www.interpol.int/News-and-Events/News/2024/Record-seizures-in-INTERPOL-operation-against-drug-trafficking?utm

[19] Chazan, D. and Waterfield, B. (2024). Moroccan drug kingpin at heart of ‘Mocro mafia’ arrested in Paris. [online] Thetimes.com. Available at: https://www.thetimes.com/world/europe/article/moroccan-drug-kingpin-at-heart-of-mocro-maffia-arrested-in-paris-8z37wc9k8?utm

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