Module 3: Organized Crime Markets

Introduction

The provision of illicit goods and services is one of the profit-making centres of organized
crime, in addition to the infiltration of government and business (please, see Module 4).
The specific goods and services chosen by organized criminal groups depend on various
factors, such as regional availability, consumer demand, regulatory and enforcement
capacities, and competition from other organized criminal groups. 
For example, ivory trafficking is likely to be one of the illicit markets chosen by organized
criminal groups operating in East Africa, heroin trafficking by those active in Afghanistan,
and cocaine trafficking in South America, because these regions are sources of a
product in high demand in various parts of the world. Other regions might become
involved either as trafficking routes or destination markets of the same illicit goods or
services (UNODC, 2010).
This Module will review some of the most relevant profit-making centres of organized
criminal groups, and consequently, some of the most serious and heinous crimes they
commit. Such crimes include:

● Drug trafficking
● Firearms trafficking
● Wildlife and forest crime
● Counterfeit products trafficking
● Manufacturing of and trafficking in falsified medical products
● Trafficking in cultural property
● Trafficking in persons and smuggling of migrants.

It is worth noting that trafficking in persons and smuggling of migrants are two separate
and distinct crimes, but in this Module, they are considered in the same section in order
to highlight their similarities and differences. For instance, they are both committed by

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organized criminal groups with the aim of providing a service, although the service
provided is of a very different nature. Through trafficking in persons, organized criminal
groups provide cheap or slave labour, commercial sex or other forms of sexual
exploitation by use of force, fraud, coercion, and other illegal means. Therefore, the
person who is trafficked is always a victim and the service is provided to third parties. In
cases of migrant smuggling, the service is provided to the migrants, who offer a financial,
or other material benefit to the smuggler in order to facilitate their illegal entry into a
country of which they are not nationals or permanent residents. Smuggled migrants are
also extremely vulnerable to becoming victims of trafficking, thus these two crimes often
intersect.
It will be shown how supply, demand, regulation (laws and enforcement) and competition
shape and maintain criminal markets as well as those organized criminal groups that
exploit them. Prevention and intervention strategies aimed only at tackling the illicit
activities of organized criminal groups will not be effective unless the dynamics of the
illicit markets are also addressed.

Learning outcomes

● Understand the nature of common criminal markets in which organized criminal

groups operate in order to provide illicit goods and services.
● Recognize the differences among the markets for illicit goods and services, and
why they are attractive to organized crime.
● Distinguish the similarities and differences among crimes and opportunities that
enable the provision of illicit goods and services of different kinds in different
world regions.

Key issues
Illicit drugs, firearms, protected wildlife, counterfeit products, falsified medical products
and illegally acquired, imported and exported cultural property account for the largest
markets for illicit goods. Illegal services supplied by organized criminal groups include
smuggling of migrants as well as various forms of exploitative labour made available
through human trafficking.
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Drug trafficking

Regulatory framework

Of all the illicit products trafficked by organized crime, drug trafficking is the most
(in)famous and it has received systematic attention over the last decades. There are
three international drug control conventions that regulate a range of activities connected
to drugs, including the production, distribution and possession of controlled substances
for medical and scientific purposes. The 1961 Single Convention on Narcotic Drugs, as
amended in 1972 merged pre-existing multilateral treaties, and sought to streamline
control by establishing the International Narcotics Control Board, which replaced pre-
existing supervisory bodies. The Convention's aim was to assure adequate supplies of
narcotic drugs for medical and scientific purposes, while preventing their diversion into
the illicit market and abuse. It exercises control over more than 120 narcotic drugs
(INCB, 2018).

The Convention on Psychotropic Substances of 1971 extended the international drug

control system to certain psychotropic substances including hallucinogens, central
nervous stimulants, and sedative-hypnotic, such as LSD, amphetamines, and
barbiturates. Finally, the United Nations Convention against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances of 1988 extended the control regime to substances
frequently used in the illicit manufacture of controlled drugs (so-called precursors), and
focuses on the growing problem of transnational trafficking while strengthening the
framework of international cooperation in criminal matters, including extradition and
mutual legal assistance.

These three conventions enjoy broad global support, and therefore reflect and promote
international consensus and cooperation against illicit drug trafficking. Since international
drug control has long been a priority, in 1946 the Economic and Social Council
established Commission on Narcotic Drugs (CND), the central policy-making body of the
United Nations in drug related matters. The Commission continues to meet annually to
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address international drug control issues and common strategies (UNGA, 2016). For
instance, the Commission decides whether new substances should be included in one of
the schedules or tables of the three drug control conventions and if there are moving
across or deletions in the schedules and tables.

Market and trends

Over the past decades, there has been concerted global effort to track illicit drug
production, drug trafficking as well as governments' interventions on illicit drug markets.
Therefore, the available data on cultivation and seizures of controlled drugs and on
trends of drug use provides a useful overview of the extent of drug trafficking in recent
years (UNODC, 2017; UNODC, 2019).

Although drugs continue to represent a major source of revenue for organized criminal
groups, business models are changing. Criminals are exploiting new technologies and
networks, such as the Darknet (i.e. an encrypted virtual network), that are altering the
nature of the illicit drug trade and the types of players involved (UNODC, 2017). For
instance, it has been found that organized criminal groups operating in virtual networks
tend to have looser ties and to be organized in horizontal structures (as opposed to
vertical or hierarchical structures); also, studies have highlighted that smaller groups
have become more significant. In addition, fewer groups are exclusively dedicated to
drug trafficking, since a considerable number also operates in other illicit sectors. In the
last years, law enforcement agencies have infiltrated and shut down a series of Darknet
drug markets (such as Alpha Bay, Hansa, Wall Street Market, etc.) which, as online
surveys show, resulted in a potential decline in the proportion of users purchasing drugs
on the darknet in 2018, notably in North America, Oceania and Latin America (UNODC,
2019).

The 2019 World Drug Report estimates that in 2017 over a quarter of a billion people
had used drugs at least once in the previous year. Overall, drug consumption has
increased by 30% between 2009 and 2017 - from 210 million to 271 million -, in part as a
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result of global population growth, with higher prevalence over time of the use of opioids
in Africa, Asia, Europe and North America, and in the use of cannabis in North America,
South America and Asia. Over the last decade, there has been a diversification of the
substances available on the drug markets. In addition to traditional plant-based
substances, such as cannabis, cocaine and heroin, the dynamic market for synthetic
drugs substantially grew together with the non-medical use of prescription medicines.

Regarding drug supply, the same UNODC Report highlights that cannabis continues to
be the most widely produced drug worldwide and this market is undergoing transition
and diversification in countries that allow non-medical use of cannabis. Global coca bush
cultivation showed a clear upward trend over the period 2013-2017l, increasing by more
than 100 per cent. Estimated global illicit manufacture of cocaine reached an all-time
high of 1,976 tons in 2017; in the same year, about 70 per cent of the area under coca
bush cultivation was located in Colombia, 20 per cent in Peru and 10 per cent in the
Plurinational State of Bolivia. At the same time, the global quantity of cocaine seized in
2017 increased by 13 per cent from the previous year, helping to keep cocaine supply in
check even though cocaine use is on the rise in North America and Western and Central
Europe. 2018 saw a decline in the cultivation of opium poppy, primarily as a result of a
drought in Afghanistan which nonetheless was again the country responsible for the vast
majority of the world's illicit opium poppy cultivation and opium production in that year.

As for the global synthetic drugs market, it is generally more complex to study for a
number of reasons. First and foremost, the information on synthetic drug manufacturing
is more limited than that available on plant-based drugs (cocaine, opiates and cannabis)
and this is largely due to the fact that synthetic drugs can be manufactured anywhere, as
the process does not involve the extraction of active constituents from plants that have to
be cultivated in certain conditions for them to grow. The challenges in tracking synthetic
drug production prevents an accurate estimation of the volume of the corresponding
market worldwide. Nevertheless, data on synthetic drug seizures and drug use suggest
that the supply of synthetic drugs is expanding. In 2017, South-East Asia emerged as
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the world's fastest-growing methamphetamine market, while North America's synthetic
opioid overdose crisis reached new heights, with over 47,000 opioid overdose deaths
recorded in the United States which were largely attributed to substances such as
fentanyl and its analogues. Meanwhile, West, Central and North Africa are currently
experiencing a crisis of tramadol, another synthetic opioid which has been used as a
painkiller for decades (UNODC, 2019).

Recent data shows that the number of new psychoactive substances that are synthetic
opioids, mostly fentanyl analogues, reported on the market has been rising at an
unprecedented rate: from just 1 substance in 2009 to 15 in 2015 and 46 in 2017, while
the overall number of these substances present on the market stabilized at around 500
per year over the period 2015-2017 (UNODC, 2019). New psychoactive substances, or
NPS, are those "substances of abuse, either in a pure form or a preparation," that are
not controlled by the 1961 or 1971 Conventions, "but which may pose a public health
threat" (UNODC, 2018). The term "new" does not necessarily refer to the fact that they
are new inventions - several NPS were in fact first synthesized over 40 years ago - but to
substances that have recently become available on the market. Since NPS are not
controlled under the international drug control conventions, their legal status can differ
widely from country to country. Many countries have implemented domestic legal
responses to control certain NPS, and some have adopted controls on entire groups of
NPS not explicitly and individually listed in the legislation, by using a generic approach of
"chemical similarity" to a substance already under control by national law.

Challenges and opportunities

Research on drug trafficking at the international level has revealed that weak law
enforcement capacity and corruption are instrumental in keeping the illicit market
resilient. Corruption has been found to exist all along the drug supply chain, from
production and trafficking to distribution, and it affects a wide range of institutions:
eradication teams, law enforcement agencies, the criminal justice system as well as the

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health sector - for instance when users can get drugs through corrupt doctors and
pharmacists (UNODC, 2017).

The World Bank and the International Monetary Fund have highlighted how corruption
entrenches poverty by discouraging foreign investment and increasing the level of
income inequality, which in turn is known to encourage drug consumption and fuel more
corruption and instability (World Bank Group, 2017). Furthermore, recent reports link a
number of terrorist groups-such as the Taliban, insurgent movements and non-State
armed groups to the drug trade (UNODC, 2017). 

Following the money trail of the drug market has proven to be one of the most effective
approaches to combating drug trafficking. Drug trafficking is driven by profits, and
identifying the flows related to those profits as well as the investment and laundering
channels can function as effective counteraction (GLOU40 Global, 2017; Soudijin, 2016;
UNODC, 2015). Strengthening international cooperation in preventing and countering
money-laundering also helps to reduce or eliminate the potential negative economic and
social consequences of illicit activities.

Firearms trafficking

Regulatory framework

The problem of arms trafficking is multidimensional. Firearms are manufactured and

traded both licitly and illicitly thus making the identification and tracing of illegally
manufactured and trafficked firearms very complex. Further complicating matters, most
firearms are produced legally and then diverted into the illicit market. Notably, illicit arms
are present in most forms of violent crimes and increase the power of organized criminal
groups. For this and other reasons, they are worth exploring in more detail.

A variety of international and regional instruments form part of the legal regime on
firearms. The Organized Crime Convention is among the most significant global efforts
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to tackle firearms trafficking. One of the three supplementing Protocols to this
Convention is the Protocol against the Illicit Manufacturing of and Trafficking in Firearms,
Their Parts and Components and Ammunitions (Firearms Protocol). It addresses the
issue of illicit manufacturing and trafficking of firearms from the criminal justice angle and
it was the first legally binding instrument on small arms adopted at the global level. It was
developed with a view to providing measures to address the transnational nature of the
phenomenon and its links to organized crime. The Firearms Protocol contains a
definition of firearms in article 3.

Definition of firearms in article 3 of the Firearms Protocol

For the purpose of this Protocol:

a)   "Firearm" shall mean any portable barrelled weapon that expels, is designed to
expel or may be readily converted to expel a shot, bullet or projectile by the action of
an explosive, excluding antique firearms or their replicas. Antique firearms and their
replicas shall be defined in accordance with domestic law. In no case, however, shall
antique firearms include firearms manufactured after 1899;

The Firearms Protocol, which requires a separate ratification, entered into force in 2005.
It is a significant step forward in attempting to control the world's illicit marketplace in
weaponry. As it is obvious that no firearm, whatever its purpose, can function without
ammunition, the Firearms Protocol also covers the criminalization of the illicit
manufacturing and trafficking in ammunitions, as well as in firearms' parts and
components.

The Firearms Protocol aims "to promote, facilitate and strengthen cooperation among
States Parties in order to prevent, combat and eradicate the illicit manufacturing of and
trafficking in firearms, their parts and components and ammunition" (article 2, Firearms

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Protocol). The Protocol has a number of major features, which are binding on State
parties. In particular, it requires them to:

● Criminalize the illicitly manufacturing and trafficking of firearms, their parts and
components and ammunition, and falsifying or illicitly obliterating, removing or
altering the markings on firearms.

● Mark firearms for purposes of their effective tracing and identification.

● Keep systematic records of information on firearms and international transactions

in firearms, their parts and components and ammunition for tracing purposes.

● Mandate by law the confiscation of illicitly manufactured or trafficked firearms,

their parts and components and ammunition after which the firearms should be
ideally destroyed unless another disposal has been officially authorized.

● Keep documentation and licensing of all international transactions and brokers

(please, see box below) and marking of all imported firearms and government
firearms turned to civilian use.

Brokers in firearms trafficking

In the context of firearms trafficking, the person or entity acting as an intermediary,

bringing together relevant parties and arranging or facilitating a potential transaction
in return for financial or other benefit is referred to as a "broker". Some brokers have
even been known to do business and sell weapons to both sides of the same conflict.

● Render permanently inoperable all deactivated firearms.

● Share information such as organized criminal groups suspected of involvement in

firearms trafficking.

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 ● Identify a national body or a single point of contact to act as liaison between the
country and other States Parties on matters relating to the Protocol.

State parties to the Firearms Protocol undertake to exchange relevant case-specific

information and cooperate extensively at the bilateral, regional and international levels,
including by providing training and technical assistance to other parties.

Other international and regional instruments, although covering similar topics, address
the issue from a disarmament, trade or development perspective, and focus more on
measures to reduce the accumulation, proliferation, diversion and misuse of firearms,
than to bring offenders to justice. These elements reflect substantively different although
complementary approaches to the same problem.

Another important international instrument in this field is the Arms Trade Treaty (ATT),
which entered into force in December 2014. The ATT is of broader scope and covers
eight categories of arms, whereas the Firearms Protocol only covers firearms, their parts
and components and ammunitions. In particular, the ATT applies to "all conventional
arms within the following categories: (a) battle tanks; (b) armoured combat vehicles; (c)
large- calibre artillery systems; (d) combat aircraft; (e) attack helicopters; (f) warships; (g)
missiles and missile launchers; and (h) small arms and light weapons" (article 2, Arms
Trade Treaty).

Both instruments promote international cooperation to tackle the challenges posed by

the illicit trafficking of weapons. The Firearms Protocol pursue this through promoting
cooperation to combat and prevent transnational organized crime more effectively, while
the ATT is more generally refers to international humanitarian law, the reduction in
armaments, as well as human rights considerations (UNODC, 2016).

Market and trends

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Similarly, to other illicit products and services, new sales channels (e.g., the Internet and
its encrypted networks) are increasingly being used to traffic firearms. Organized
criminal groups take advantage of new technologies, while also continuing to use old
channels and known markets. As an example, police reports recently found that some
organized criminal groups have been using parcel services to smuggle firearms into
countries, often by sending their parts and components separately because they are
harder to detect.

The trafficking of firearms is different from most other forms of organized crime activity in
that it is a durable, rather than a consumable, good. Consequently, the global turnover in
the licit and illicit arms industry is limited and trafficking tends to be episodic, generally
from an established stockpile to a region descending into crisis. Many of the weapons
available illicitly stem from the end of the Cold War and the unloading of no-longer-
needed weaponry, which became available to former government officials, criminals,
and, in some cases, the highest bidder. The result of this switch from government
manufacture and ownership, to private manufacture and ownership of arms and
weaponry is that war, civil conflict, and violence are now easier to wage than ever
before. Another worrisome consideration relates to the current size of the illicit arms
industry, since there are more handguns, AK-47s, missile launders, grenades, mines,
and nuclear components available illicitly than ever before.

Arm dealers: the case of Viktor Bout

Viktor Bout, the reputed Russian arms dealer, was finally caught in a sting operation
in 2008 after being at large for many years. He made his profits primarily buying
unused Russian military weapons and equipment and selling them to both
governments and insurgent groups primarily in Africa and Asia. Bout was the
inspiration for the book Merchant of Death and the movie Lord of War. Some of these
insurgent groups and governments did not have the cash to pay for the weaponry, so
they paid in other natural resources, such as diamonds (in the case of Africa). This

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 resulted in the term "conflict diamonds", where precious stones from otherwise poor
countries were mined and sold for weapons purchases in order to fund conflict and
civil wars.

The production of small arms and light weapons, designed for use by one or a small
number of individuals, is estimated in the millions of units per year. Most of these are
commercial firearms (handguns, rifles, and automatic weapons) made and purchased in
the major manufacturing markets. There is also a number of small producers, located in
many different countries, who make variations of well-known and highly desired
weapons, such as AK-47 type automatic rifles (commonly known as Kalashnikovs).

The availability of these weapons is aggravated by a surplus of expertise. There is a

number of private military contractors and mercenaries that are most often former
soldiers for armies that no longer exist, or which can no longer pay them. Therefore, their
expertise is used to train weapon purchasers in their use and deployment. The result is
that many of these weapons land in the hands of trained insurgents, organized criminal
groups, terrorist who are waging conflict in various locations around the world. (Coates
and Pearson-Merkowitz, 2017; Naim, 2006; Salton, 2013)

As for the geographical distribution, according to the Small Arms Survey - an

independent research project located at Graduate Institute of International Studies in
Geneva, Switzerland -, more than one-third of the global supply of small arms is located
in the United States. (Small Arms Survey, 2015) The same Survey shows that well over
200 million small arms are owned by US citizens - nearly one gun per person - and far
more than any other single country or world region. Some of these guns are bought
legally in the United States and then smuggled abroad to Mexico and other countries,
aggravating problems of violence there. To find out more about firearms markets and
legal framework, please see the E4J University Module Series on Firearms.

Challenges and opportunities

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The current problem of firearms trafficking can be summarized as follows: what can be
done to reduce the steady supply of overstock and low-cost weapons, which is difficult to
control and is supplying an increasingly well-armed group of insurgents, private groups,
and free agents? A multinational solution is clearly needed, as national borders often
benefit weapons dealers and straw purchasers, in that they shop for countries with the
fewest restrictions. Also, national borders limit the reach and action of law enforcement
agencies, while international cooperation requires both time and willing partners.

The effort of the United Nations to regulate the illicit market in the trafficking of firearms
looks primarily to controlling supply. Nonetheless, efforts to reduce the supply of firearms
are hampered by the large number of weapons already in circulation, which often outlive
their owners and existing armed conflicts, only to be sold again. The transnational sale of
weapons is a threat to both unstable regions and any other country where the weapons
might land undetected. The destruction of weapon stockpiles once intended for military
use is therefore crucial to reduce the supply of weapons available for sale to
unscrupulous buyers and sellers.

Firearms trafficking and the SDGs

Considering the threat posed by firearms trafficking to the stability and development
of nations, Sustainable development Goal (SDG) 16, dedicated to the promotion of
peaceful and inclusive societies for sustainable development, explicitly refers to the
importance of reducing significantly arms flows by 2030 (SDG 16.4). Given the
concealed nature of the illicit arms trade, measuring the reduction in illicit arms flows
is no easy task. In order to establish measuring criteria, the UN Statistical
Commission agreed on an indicator for Target 16.4 - Indicator 16.4.2 - that focuses
on seized weapons (UN Statistical Commission, 2016). Therefore, the international
community recognized the importance of monitoring illicit arm flows and in particular,
collecting standardized data and information on seized, found and surrendered arms.

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A UNODC survey of 40 countries discovered needed changes in the areas of reporting
of firearms seizures, firearms tracing, and local firearms trafficking problems. In addition,
training and other capacity building are needed in strengthening data collection efforts,
and providing regular opportunities for the sharing of information, data and good
practices in reducing the illicit trafficking in firearms (UNODC, 2015).

Wildlife and forest crime

Regulatory framework

Contrary to the forms of organized crime that were analysed in previous paragraphs,
there is no universally accepted definition of wildlife and forest crime. Broadly speaking,
wildlife and forest crime is the illegal exploitation of the world's wild flora and fauna,
which includes the taking, trading (supplying, selling or trafficking), importing, exporting,
processing, possessing, obtaining and consuming wild fauna and flora in contravention
of national or international law. Trafficking in wild fauna and flora concerns plants and
animals, but also products derived from them.

The lack of a definition of this crime does not mean that wild flora and fauna are
unprotected internationally. The 1973 Convention on International Trade in Endangered
Species of Wild Fauna and Flora, known as CITES, lays out rules for trade in over
35,000 protected species, listed in three Appendices to the Convention according to the
degree of protection accorded.

CITES requires its parties to penalise trade in violation of the agreement, although it
does not require these violations to be deemed a crime. In very simple terms, this means
that in some countries, trafficking in CITES-listed species can only be punished with a
fine, while in others, offenders can be sentenced to more than four years in prison. This
differentiation matters because, as mentioned in Module 1 of this Guide, a "serious
crime" for the purpose of Organized Crime Convention means an offence punishable by
a maximum penalty of incarceration of at least four years.

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CITES is a trade agreement, not a vehicle of international criminal law, which means that
it only applies to wild flora and fauna that is traded internationally. Nonetheless, it is
particularly relevant because it defines the rules that most traffickers try to elude, since
the key criminal threat to wild fauna and flora is illicit trade. The Convention also has a
powerful compliance mechanism: non-compliant parties may be excluded from trading in
CITES-listed species, which can result in potentially serious economic consequences
( CITES, 1973).

CITES is legally binding on ratifying parties but does not take the place of national
legislation. Rather it provides a framework to be respected by each party, which has to
adopt its own domestic legislation to ensure that CITES is implemented at the national
level. Furthermore, parties to CITES are free to regulate Convention-listed species within
their territory as they see fit, so long as the product does not move internationally. This
also translates into the fact that most CITES enforcement takes place at ports of entry
and therefore, an important part of monitoring of compliance with CITES is conducted by
national customs agents. Non-government organizations (NGOs) also play an important
role in monitoring excessive exploitation and illegal trade, and they have published very
useful reports, which serve to raise awareness, foster protective legislation, and inform
law enforcement.

Even though CITES provides a very valuable framework for the licit trade of controlled
species, there are millions more that are endangered but not covered by the Convention.
Nonetheless, the species that are not protected by this Convention might be protected
under specific national legislation, because particularly significant or especially at-risk in
a certain region. Furthermore, besides CITES, there are also other wildlife and forest
protection agreements that may have national implementation laws with criminal
consequences, such as some fisheries or timber agreements. 

Market and trends

In recent years, more than 1,000 rhinoceros have been poached annually, out of a
population of about 30,000. Their horns can command prices in the tens of thousands of
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dollars per kilogram. Mainly due to a surge in poaching for ivory that began
approximately a decade ago, the African elephant population has seen the highest
reduction in 25 years: it is estimated that it declined by 20 per cent between 2006 and
2015. (IUCN, 2016) Similarly, tens of thousands of pangolins are poached each year.
(Heinrich, Wittmann, Prowse, Ross, Delean, Shepherd, Casseya, 2016; Xu, Guan, Lau
and Xiao, 2016) By its very nature, it is almost impossible to obtain reliable figures for
the value of illegal wildlife trade, but estimates place it in the billions of dollars
( TRAFFIC, 2018).

The extent of the killing shows that wildlife crime is no longer an "emerging crime," but a
serious form of transnational organized crime. These kinds of criminal poaching and
trafficking enterprises, both large and small, carry out what is seen today as one of the
largest transnational organized criminal activities, alongside drug trafficking, arms
trafficking, and trafficking in persons. Organized criminal groups often employ the same
techniques and routes for trafficking in wild fauna and flora used for other illicit
commodities, and much like in other markets, they exploit gaps in national law
enforcement and criminal justice systems.

Demand remains very high for rare and highly valued plants and animals, as well as
products made from them, which is why the exploitation and trafficking of these
resources remains at alarmingly high levels. The demand is spread among collectors (for
products such as orchids, lizards, ivory, parrots), those who seek these products for
medicinal and food value (such as turtles, rhinoceros horns, bear gallbladders, tuna,
conch), and those seeking raw materials for manufacturing purposes (such as timber).

Nonetheless, there is also increasing recognition of the dangers wildlife and forest crime
pose not only to the environment but also to the rule of law and stability of nations, and
of the potential for the criminal proceeds to fuel conflict and terrorism. (UNODC, 2016)
The trafficking of wild flora and fauna is also inextricably connected to other types of
crime like fraud, money-laundering, corruption and counterfeiting. For instance, similar to
other sensitive commodities such as firearms or medical products, CITES-listed species

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can be legally traded internationally if accompanied by the appropriate paperwork. Since
in many cases hiding illegal wildlife shipments is impractical, traffickers use fraudulent
paperwork to export the goods overtly. Permits for around 900,000 legal shipments of
protected wildlife products are issued annually, and case studies show that permits
acquired through forgery, fraud or corruption have been used to traffic wildlife (UNODC,
2016). To know more about wildlife, forest and fisheries crime, please access the
dedicated E4J University Module Series.

Challenges and opportunities

There are two notable shortcomings in the protection framework of wild flora and fauna.
First of all, domestic markets for illicit trade in wild fauna and flora remain beyond
CITES's jurisdiction; this means that the illegal harvesting of wildlife, such as poaching,
is a matter that falls outside of the Convention's mandate and is left to the purview of
national authorities. Secondly, there are millions of species that are not listed in CITES'
Appendixes and as such, they might be illegally harvested and traded internationally.
Some of these are covered by specific national legislation or other bilateral and
multilateral protection agreements. This is frequently the case in timber and fish
trafficking, often regulated by distinct bodies of law and monitored by different
enforcement agencies.

The illegal timber trade, in particular, requires increased global attention. A major
proportion of the world's timber comes from three regions: The Amazon basin, the
Congo basin, and Southeast Asia. All three regions are facing issues such as corruption
and timber laundering inside origin or transit countries, which undermine monitoring and
facilitate illicit trade. Timber laundering is the process of converting illegally-cut timber
into a legally-certified product and it is often carried out by exploiting loopholes in
national legal systems and relying on trafficking channels to insert the goods in the legal
market (Transparency International, 2011). Taking into account different regional
realities, inspection and enforcement efforts as well as cooperation at the international

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level need to be enhanced and improved in order to tackle effectively illegal timber trade
in particular, and more broadly, trafficking in wild flora and fauna. 

Counterfeit products trafficking

Regulatory framework

Counterfeiting of identification documents, CDs, DVDs, software, medicines, weapons,

food products, clothing and cigarettes has grown significantly in recent years, largely due
to advances in technology and the ease of movement of these goods around the world.
The involvement of organized criminal groups in the production and distribution of
counterfeit goods is well documented and they operate across national borders in
activities that include the manufacture, export, import and distribution of illicit goods.
International, regional and national authorities have uncovered intricate links between
this crime and other serious offences, such as the ones dealt with in other sections of
this Module.

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 Counterfeiting and other
serious offences

In June 2010, Italian police

arrested 17 Chinese nationals
and seven Italian nationals in
an investigation into various
criminal activities, including
money laundering, tax
evasion, human trafficking,
and the distribution of
counterfeit goods. The
counterfeit goods were
primarily designer clothes
produced by Chinese
criminal groups in Tuscany.
That investigation led to the
seizure of 780,000
counterfeit items (UNODC,
2013).

The making of false legal documents or altering of existing documents is forgery.

Forgery is a generic term and it technically encompasses counterfeiting. Nonetheless,
these terms are often used interchangeably to describe faked or false documents or
products of any kind, and their usage varies internationally. Counterfeiting originally
referred specifically to the falsifying of currency, but its usage has expanded to all types
of forgeries, which involve manufacturing or trading of a document or product without the
permission of the lawful owner of the patent, trademark, copyright, or license.

Corruption and bribery are inherently linked to the illicit trafficking of counterfeit goods,
especially when these are shipped internationally. Trafficking in counterfeit goods also
offers criminals a complementary source of income and a tool to launder proceeds
derived from various crimes. In a similar fashion, proceeds from other crimes have been

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used by organized criminal groups to finance their counterfeiting businesses (UNICRI /
ICC BASCAP, 2013).

The counterfeit business is a global operation spread across numerous countries and
organized by cross-border criminal networks. The implementation of the Organized
Crime Convention is therefore an important first step to create a solid legal framework
against counterfeit product trafficking. Besides urging State parties to set up
mechanisms for, inter alia, law enforcement cooperation and mutual legal assistance,
within the Convention's framework, States could decide to adopt tougher laws in order to
tackle the trafficking of counterfeit products, particularly in the case of public health and
safety threats.

Market and trends

Counterfeiting is a very lucrative business that takes advantage of unwitting consumers

and people's appetites for cut-price brands or simply exploits their financial position.
Although difficult to measure with certainty, the value of counterfeiting was estimated by
the OECD to be in the region of $250 billion per year (OECD & EUIPO, 2016).

In recent years, counterfeiting has expanded rapidly into products of all kinds, including
DVDs, watches, electronics, software, pharmaceuticals, foodstuffs and tobacco. In
addition, as licit online sales increase, so do the opportunities for more digital sales of
counterfeit goods. The phenomenon of trafficking online counterfeit products is coupled
with added challenge of digital piracy of film, games, music and other digital products.

Challenges and opportunities

The enforcement of laws against counterfeiting has become more difficult as access to
technology has become wider, and the transnational sale of products and services
easier (Albanese, 2009; Fenoff, and Spink, 2014). Besides the challenges related to
identifying and tracking counterfeit products and producers, counterfeiting presents an
additional challenge, connected to the fact that it is often perceived as a "lesser crime."
Buying a counterfeit handbag, for example, might not be regarded by the consumer as

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an illegal transaction - simply a cheaper way to wear the latest fashion goods.
Nonetheless, often little thought is given to how the money spent on counterfeit goods
may ultimately end up in the hands of organized criminal groups or how the industries
that rely on legitimate sales suffer.

The harms produced by counterfeiting affect everyone. Firstly, counterfeit products, such
as pharmaceuticals, food, toys or automobiles parts can pose a serious threat to the
health of consumers. Secondly, counterfeiting undermines employment, as products are
copied and produced illegally, and it has a considerable impact on the rights of workers
around the globe. The lack of control of working conditions and respect of employment
rights places workers who produce counterfeit goods in a very vulnerable position. Often,
they are underpaid, have no benefits and are not granted any form of protection. These
severe labour abuses often occur in conjunction with threats of violence, exposure to
hazardous materials, and deadly working conditions.

Thirdly, counterfeit products represent an enormous drain on the economy. They create
an underground trade that deprives governments around the globe of revenue for vital
public services thus imposing greater burdens on taxpayers. Finally, counterfeiting has
also a significant impact on the environment, since the production of counterfeit goods
does not follow regulations. Chemicals disposed of unlawfully and unregulated air
pollution are just some of the ways in which counterfeiting contributes to environmental
harm (Bate, 2010; Hetzer, 2002; McEwen and Straus, 2009; WHO, 2010).

Criminal justice responses to this crime, although fundamental, cannot occur in a

vacuum. There is also a great need to build more awareness of the scale of the problem
and its repercussion for society. For instance, international organizations, public health
authorities and consumers' organizations could make use of consumer awareness
campaigns, in order to inform buyers of the risks associated with counterfeit products,
thus empowering them to make better-informed decisions

Manufacturing of and trafficking in falsified medical products

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Regulatory framework

In 2017, after years of deliberations, the World Health Assembly adopted the following
definitions of falsified medical products: they are "medical products that
deliberately/fraudulently misrepresent their identity, composition or source. [...] The
deliberate or fraudulent misrepresentation refers to any substitution, adulteration,
reproduction of an authorized medical product or the manufacture of a medical product
that is not an authorized product" (WHO Member State Mechanism on
Substandard/Spurious/ Falsely-labelled/Falsified/ Counterfeit Medical Products; 2017).

Although the definition of falsified medical products includes the term "identity,"
intellectual property rights are excluded from the protection and reach of such a
definition. "Identity" in this context refers instead to the name, labelling or packaging or to
documents that support the authenticity of an authorized medical product.

Member States also sought to highlight the characteristics of medical products that are
not falsified, but are either substandard or unregistered/unlicensed. Substandard medical
products are also called out-of-specification products. These medical products fail to
meet either their quality standards or their specifications, or both. Unregistered or
unlicensed medical products are those that have not undergone evaluation and/or
approval by the national or regional regulatory authority for the market in which they are
marketed, distributed or used, subject to permitted conditions under national or regional
regulation and legislation.

The figure below summarizes the classification of falsified, substandard and

unregistered/unlicensed medical products used by the WHO Global Surveillance and
Monitoring System as well as the Member State Mechanism:

Figure 3.1 Classification of substandard, unregistered/unlicensed and falsified medical

products

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Source: WHO, 2017. 

Market and trends

According to WHO and their Global Surveillance and Monitoring System for substandard
and falsified medical products, the types of products that are falsified include malaria
medicines, antibiotics, lifestyle products, including products for cosmetic use, erectile
dysfunction, bodybuilding and dieting, anaesthetics and painkillers, cancer medicines,
heart medicine, mental health medicine, vaccines, diabetes medicine and more. Both
innovator medical products and generics are falsified. The falsified products are also not
confined to high-value medicines or well-known brand names.

It is nearly impossible to estimate the true level of substandard and falsified medical
products globally. According to a WHO study, the observed failure rate of substandard
and falsified medical products in low and middle-income countries is approximately 10,5
%. In other words, in low and middle-income countries, 1 in 10 medical products is either
falsified or substandard. The value of this market is estimated at US$ 30 billion (WHO,
2017).

Challenges and opportunities

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Falsified medical products represent a significant public health threat. They fail to cure
diseases of patients who often do not realise the reason for their deteriorating condition.
Toxicity in falsified medical products can potentially cause greater harm to patients or
even kill them. In addition, as a consequence of falsified medical products, drug
resistance progresses.

Falsified medical products also have a socioeconomic impact as a large number of users
often buy them because they have not access to safe medical products, for instance
because they cannot afford them. Patients who consume falsified medical products lose
faith in medicine and, often, the health system in general. Moreover, falsified medical
products result in economic loss. Medicines that fail to protect or cure patients strain the
budgets of households and health systems. Legitimate manufacturers of both generic
and innovator pharmaceutical products suffer both from a financial and reputational point
of view.

While attention has been focused on the health and regulatory aspect of this problem, far
less has been given to the issue from a criminal justice perspective. As with other forms
of crime, organized criminal groups abuse gaps in national and international legal
frameworks, lack of resources of regulatory, enforcement and criminal justice officials, as
well as difficulties in international cooperation. At the same time, as it continues to be
difficult to identify falsified medical products, the prospect of the comparatively low risk of
detection and prosecution in relation to the potential income makes the manufacturing
and trafficking in falsified medical products an attractive commodity to organized criminal
groups.

Prevention of falsified medical products is another area of work that is often overlooked.
Prevention would include awareness raising on the risks of falsified medical products, as
well as on how to avoid and spot them. In the heart of the matter lies lack of access to
safe, affordable and quality medical products, which is at the very core of public health's
interests. The adoption of a definition through the World Health Assembly is an

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encouraging step towards more action to prevent and combat the manufacturing and
trafficking in falsified medical products. 

In a similar spirit, in 2019 UNODC launched a new

Guide to Good Legislative Practices to combat falsified medical products-related
crime with a view to assisting Member States in building capacity to disrupt and
dismantle the organized criminal networks engaged in all stages of the illicit supply
chain, in particular distribution and trafficking (UNODC, 2019). 

Trafficking in cultural property

Regulatory framework

Two thieves used a ladder to climb to the roof and break into the Vincent Van Gogh
Museum in Amsterdam, and in just a few minutes stole two Van Gogh paintings valued
at $30 million. Police caught two men who were ultimately convicted, but the paintings
were never recovered. Iraqi museums and archaeological sites suffered major losses of
historical artefacts due to looting during the armed conflict and civil unrest in the country.
Some artefacts stolen from the Iraq National Museum were returned, but nearly 10,000
objects remain missing (Bogdanos and Patrick; 2006; McCalister, 2005; US DoJ, 2008).
These examples illustrate the theft of antiquities and art, two related, although quite
different types of cultural property. The term "cultural property" refers to "property that,
on religious or secular grounds, is specifically designated by each State as being of
importance for archaeology, prehistory, history, literature, art or science" (article 1,
UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import,
Export and Transfer of Ownership of Cultural Property, 1970). 

Cultural property is part of the common heritage of humankind. It is a unique testimony

to the identity of peoples and the importance of protecting it has been stressed in several
international instruments. Some examples of such treaties include UNESCO's
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and

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Transfer of Ownership of Cultural Property (1970), and UNIDROIT Convention on Stolen
or Illegally Exported Cultural Objects (1995).

In recent years, organized criminal groups have been found to be increasingly involved
in destruction, looting, trafficking and sale of cultural property, both through legitimate
markets, such as auctions or via the Internet, and in underground illicit markets. The
increased awareness of the transnational criminal elements of the crime of trafficking in
cultural property triggered States to recognize the importance of the Organized Crime
Convention in providing an effective crime prevention and criminal justice response to
this crime.

Furthermore, the adoption by the General Assembly of the International Guidelines for
Crime Prevention and Criminal Justice Responses with Respect to Trafficking in Cultural
Property and Other Related Offences in December 2014 has offered a new tool to
strengthen the international community's response to this form of crime. The Guidelines,
although non-binding on Member States, are available for their consideration in the
development and strengthening of crime prevention and criminal justice policies,
strategies, legislation and cooperation mechanisms to prevent and combat trafficking in
cultural property and related offences (UNODC, 2016). 

Market and trends

Trafficking in cultural property involves several acts that may ultimately result in the loss,
destruction, removal or theft of irreplaceable items. But who is responsible for the thefts,
what is their motivation, and where do these objects go?

There is little systematic study of those who engage in the theft, trafficking, and sale of
cultural property. A number of cases of museum and private residence thefts appear
unsophisticated with small groups of thieves taking advantage of poor security measures
(Council for Museums, Archives and Libraries, 2003). On the other hand, the ability to
sell this stolen or looted merchandise for higher prices than those offered by pawn shops
requires contacts and connections beyond the ability of small-scale criminals. Selling

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stolen art, for instance, often involves the corrupt or negligent assistance or facilitation of
those working at art galleries, auction houses, transport companies, curators, insurance
companies, or government officials.

Trafficking in cultural property represents a source of enormous illicit profits for

organized criminal groups, which is also used to launder the proceeds of crime. The
problem of stolen cultural objects has grown so much that a number of international
registries now exist where stolen items can be reported and photos displayed.
INTERPOL, the largest institution for international police cooperation, created a
database devoted to stolen art many years ago. The purpose of the database is to
advertise descriptions and photos of the most recent (or sought after) stolen works of art
as well as to give visibility to recovered works of arts for which the owner has not been
identified. The database also contains a list of recovered items. The overarching purpose
is to make it difficult for potential buyers or sellers of stolen art and antiquities to do so
easily.

The choice to steal cultural property probably lies in the relative ease of the theft and the
potential gain from it. For instance, the theft of one well-known painting, even when
fenced for a fraction of its value, might bring more money to the thieves than any number
of house burglaries. Therefore, improved security measures for museums and private
collections, as well as archaeological sites, combined with higher demands in terms of
due diligence from those involved in the art and cultural property market, would likely
have some deterrent impact on this kind of theft. It is difficult to sell a well-known work of
art because it is very recognizable.  Therefore, it is likely that some stolen art is simply
stored or sold very cheaply to someone willing to take the risk to re-sell it to a corrupt
buyer and/or transport it to a country where vigilance is low in tracking stolen antiquities
and fine art. There have also been cases where demand for stolen art is the result of
wealthy, unethical potential buyers (Bowman, 2008; Kennedy, 2008; Lane, Bromley,
Hicks, Mahoney, 2008; Manacorda and Visconti, 2014).

Challenges and opportunities

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The growth in the number of thefts in recent years has garnered more systematic
attention from law enforcement agencies, and museums and other non-profit agencies
have established websites to display missing, stolen, and recovered artwork in order to
inform potential buyers and sellers of the current situation (Mackenzie, 2009).

Better control of the international trafficking in stolen or looted cultural property over the
long term will require more countries to become parties to bilateral and international
agreements on the acceptable methods of handling and exchanging it. Enforcement of
these agreements among ratifying countries must continue to improve and thereby deter
unscrupulous buyers and sellers. Indeed, some of the most fruitful investigations have
occurred using proactive law enforcement strategies to counter organized crime such as
undercover and sting operations, and tips from insiders in the global network of art
dealers, galleries, and auctioneers. These methods also include the United Nations
Organized Crime Convention, which contains a reference, in the preamble to General
Assembly resolution 55/25 that adopted the Convention, to its utility as an effective tool
and the necessary legal framework for international cooperation in combating "offences
against cultural heritage."

Comprehensive inventories of public collections need to be established where they do

not yet exist, in order to improve ownership documentation and the reporting of missing
or stolen pieces. In addition, greater public awareness is crucial to understand the
importance and relevance of cultural heritage to the history of a country and its people,
and the need to preserve it. This and other effective measures are contained in the
International Guidelines for Crime Prevention and Criminal Justice Responses with
Respect to Trafficking in Cultural Property and Other Related Offences, adopted by the
United Nations General Assembly in its resolution 69/196.

Trafficking in persons and smuggling of migrants

Trafficking in persons and smuggling of migrants are different crimes that require
different responses in law and are each covered by a Protocol supplementing the
Organized Crime Convention. However, these two offences are often confused, as they
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can occur along the same routes and affect the same people. For instance, what may
begin as a case of migrant smuggling may then transform into one of trafficking in
persons, since smuggled migrants are particularly vulnerable to becoming victims of
trafficking. Nonetheless, constituent elements of these two offences are different and it is
important to understand them, particularly for investigators and prosecutors, in order to
design an appropriate crime prevention and criminal justice response.

Regulatory framework: trafficking in persons

The constituent elements of the crime of trafficking in persons are identified in the
"Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children," supplementing the Organized Crime Convention (the Trafficking in
Persons Protocol). The Protocol identifies these elements in article 3.

Definitions in the Trafficking in Persons Protocol

(a) "Trafficking in persons" shall mean the recruitment, transportation, transfer, harboring
or receipt of persons, by means of the threat or use of force or other forms of coercion,
of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability
or of the giving or receiving of payments or benefits to achieve the consent of a person
having control over another person, for the purpose of exploitation. Exploitation shall
include, at a minimum, the exploitation of the prostitution of others or other forms of
sexual exploitation, forced labor or services, slavery or practices similar to slavery,
servitude or the removal of organs.

(b) The consent of a victim of trafficking in persons to the intended exploitation set forth
in subparagraph (a) of this article shall be irrelevant where any of the means set forth in
subparagraph (a) have been used.

(c) The recruitment, transportation, transfer, harboring or receipt of a child for the
purpose of exploitation shall be considered "trafficking in persons" even if this does not
involve any of the means set forth in subparagraph (a) of this article.

(d) "Child" shall mean any person under eighteen years of age.
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The basic elements of trafficking in persons are three:

● Act (what is done): recruiting, transporting, transferring, harbouring or receiving a

person.

● Means (how it is done): use of force or threat of force, or coercion, or abduction,

or fraud, or deception, or abuse of power, or abuse of a position of vulnerability,
or giving or receiving of benefits .

● Purpose (why it is done): exploitation (i.e. sexual exploitation, prostitution, forced

labour or services, slavery or practices similar to slavery, servitude or the removal
of organs).

The crime of trafficking in persons takes place when at least one of the "acts" and at
least one of the "means" is combined with the "purpose" of exploitation. The Protocol
states that the consent of a victim of trafficking to the intended exploitation is irrelevant
once it is demonstrated that deception, coercion, force or other prohibited means have
been used. This means that traffickers cannot use the victim's consent as defence once
they are brought before a court of law. However, even in jurisdictions which explicitly
include in their case law or legislation that the victim's consent is irrelevant, this is often a
central focus of trials on trafficking in persons and related crimes. (UNODC, 2017) The
Protocol extends special protection to children by specifying that in trafficking cases
involving children the element of means does not need to be established.

Regulatory framework: smuggling of migrants

Migrant smuggling is the subject of a separate Protocol to the Organized Crime

Convention titled "Protocol against the Smuggling of Migrants by Land, Sea and Air" (the
Smuggling of Migrants Protocol), supplementing the United Nations Convention against
Transnational Organized Crime. The purpose of the Protocol is to "prevent and combat
the smuggling of migrants, as well as to promote cooperation among States Parties to
that end, while protecting the rights of smuggled migrants" (article 2, Smuggling of
Migrants Protocol). One of the main objectives of the Protocol is to protect migrants from

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exploitation by smugglers, who would take advantage of migrants' needs and lack of
alternatives. The smuggling of migrants is defined in the Protocol in article 3.

Definitions in the Smuggling of Migrants Protocol

(a) "Smuggling of migrants" shall mean the procurement, in order to obtain, directly or
indirectly, a financial or other material benefit, of the illegal entry of a person into a State
Party of which the person is not a national or a permanent resident.

(b) "Illegal entry" shall mean crossing borders without complying with the necessary
requirements for legal entry into the receiving State.

Article 3 of the Smuggling of Migrants Protocol adopts a wide approach to the notion of
"migrant" that includes both voluntary and involuntary movements, thus encompassing
refugees for the purpose of the Protocol. However, there is a distinction between
migrant, who are generally accepted as being persons who move voluntarily and
refugees, who do not. Refugees might have no other choice but to use smugglers in
order to escape persecution. Refugees have specific rights under international law,
primarily by the 1951 Refugee Convention and the 1967 Protocol relating to the Status of
Refugees - both recognized in the saving clause of the Smuggling of Migrants Protocol
(article 19) (UNODC, 2011).

Article 6 of the Protocol requires States to criminalize migrant smuggling (as defined in
its article 3), as well as the conduct of enabling a person to remain in a country where
the person is not a legal resident or citizen without complying with requirements for legal
stay by illegal means (UNODC, 2017). The same article also specifies that these
conducts shall be established as criminal offences when committed intentionally and in
order to obtain, directly or indirectly, a financial or other material benefit. The inclusion of
"financial or other material benefit" as a constitutive element of the migrant smuggling
crime is a clear indication of the Smuggling of Migrants Protocol's focus on tackling
those - particularly organized crime groups - who seek to benefit from smuggling
migrants. Criminalizing procurement of illegal entry or enabling irregular stay without

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requiring the financial or other material benefit element means that criminal justice
responses can potentially be applied in a wider range of circumstances than what was
intended when the Smuggling of Migrants Protocol was drafted (UNODC, 2018). A key
issue in this regard is the possibility of prosecuting persons who provide assistance to
migrants solely on the basis of family and/or humanitarian motives; when national
legislation omits the  "financial or other material benefit" element from the definition of
the conduct the act of helping a family member cross a border or rescuing migrants at
sea could be sufficient grounds for being prosecuted as a migrant smuggler.

The Smuggling of Migrants Protocol also criminalizes other offences related to migrant
smuggling, such as producing, procuring, providing or possessing fraudulent travel or
identity documents (article 6(b)). These might include look-alike documents (used when
two persons look similar in appearances), altered documents, forged documents, fantasy
documents, documents obtained through misrepresentation or documents that were
improperly issued (e.g., obtained through corruption, duress or in any other unlawful
manner).

It is important to notice that the Protocol does not intend to criminalize migrants
themselves. Article 5 specifies that migrants shall not become liable to criminal
prosecution under the Protocol. Therefore, smuggled migrants must not be held
responsible for the crime of smuggling nor for the fact of having been smuggled by virtue
of the Protocol. Countries can however take measures against smuggled migrants
whose conduct constituted an offence under their domestic laws.

Regulatory framework: differences between the two crimes

Trafficking in persons is distinguished from migrant smuggling by various elements, such

as the elements of coercion, transnationality, source of criminal profit/purpose of the
crime and the person or institution against whom the crime is committed (ICAT, 2016;
UNODC, 2018).

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With respect to the element of coercion, migrant smuggling suggests voluntary
participation of those being smuggled, although there is evidence that the distinction
between the two crimes in this area might be blurred. This is because a number of cases
have been documented where migrant smuggling becomes trafficking in persons when
the victim is exploited contrary to their original agreement (Aronowitz, 2009; Hughes,
2004; ILO, 2016). The voluntary nature of smuggling can be revoked at the whim of the
smuggler, who then uses the victim for his own purposes by means of fraud, threats, or
force, thus turning a case of migrant smuggling into a case of human trafficking.

Furthermore, migrant smuggling is per definition always transnational in that it involves

crossing at least one international border, whereas human trafficking can - and often
does - take place close to the homes of the victims. Data from the 2018 UNODC Global
Report on Trafficking in Persons shows victims who have been detected within their own
national borders now represent the largest part of the victims detected worldwide.

Another important indicator of whether a case is one of migrant smuggling or of

trafficking in persons is the source of criminal profit. The primary source of profit in
trafficking in persons, and thus also the primary purpose of traffickers, is to generate
income through the exploitation of the victims. In migrant smuggling cases, there is an
agreement established between the smuggler and the migrant for the procurement of
illegal entry into another State (or unlawful stay in one State). Once smugglers have
been paid or have received the material benefit they wanted, generally they have no
intention to exploit the migrant. (UNODC, 2011) Nonetheless, there is an increasing
number of cases of exploitation of migrants during their journey, or upon arrival in the
destination country. As specified in article 6 of the Smuggling of Migrants Protocol, State
parties shall establish the inhuman or degrading treatment of migrants, including for
exploitation, as aggravating circumstances.

Finally, another element of distinction is that trafficking in persons is a crime against a

person - the trafficked victim -, whereas migrant smuggling affects the sovereignty of
States over their borders and thus does not involve persons as victims. Nonetheless, as

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previously mentioned, this does not mean that migrants cannot become victims as well.
For instance, if a migrant deems the conditions of transportation to be too dangerous he
or she may seek to discontinue the journey, but be physically forced or threatened (e.g.,
the migrant might be forced to board a vessel). In this scenario, the migrant has then
become a victim of crime. In contrast, trafficking always involve a crime against a
person.

Market and trends

According to recent UNODC Reports on Trafficking in Persons, no country is immune

from this crime (UNODC, 2016; UNODC 2018). The 2018 Global Report highlights that
countries have reported increased numbers of detected trafficking victims over the last
few years, which can be the result of enhanced national capacities to detect, record and
report data on trafficking victims, or to a growth in the incidence of trafficking. Most
trafficking victims are detected in their countries of citizenship, while wealthy countries
are more likely to be destinations for detected victims trafficked from more distant origins
(UNODC, 2018).

The nature of human trafficking is changing over the years with children and men making
up an increasing number of known victims, respectively 28% and 21% in 2016, and 30%
and 21% in 2018, while most detected victims are still adult women (49% in 2018).
Nonetheless, the latest data shows that there are considerable regional differences in
the sex and age profiles of detected trafficking victims. In West Africa, most of the
detected victims are children, both boys and girls, while in South Asia, victims are
equally reported to be men, women and children. In Central Asia, a larger share of adult
men is detected compared to other regions, while in Central America and the Caribbean,
more girls are recorded (UNODC, 2018). The latest data available on the most
commonly detected form of trafficking - 2016 or most recent year - is in line with previous
years and shows that most of the victims detected globally are trafficked for sexual
exploitation, although this pattern is not consistent across all regions. Figure 3.2 below

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shows the main forms of exploitation detected in different subregion as well as the profile
of the victims.

Figure 3.2 Main forms of exploitation and profiles of detected victims, by subregions,
2016 (or most recent)

Source: United Nations Office on Drugs and Crime (2018). Global Report on Trafficking
in Persons. Vienna: UNODC.

Generally speaking, while forms other than sexual exploitation and forced labour are
detected at much lower rates, they still display some geographical specificities.
Trafficking for forced marriage, for example, is more commonly detected in parts of
South-East Asia, while trafficking of children for illegal adoption is recorded in Central
and South American countries. Trafficking for forced criminality is mainly reported in
Western and Southern Europe, while trafficking for organ removal is primarily detected in
North Africa, Central and South-Eastern Europe, and Eastern Europe (UNODC, 2018).

Human trafficking networks can operate successfully only where there is some kind of
coordination of effort among recruiters, transporters and exploiters. These three
interconnected networks are separated only by their "product" which in the case of

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human trafficking is individuals at risk who are exploited because of their vulnerability (to
access legislation, case law and other information on trafficking in persons, please visit:
UNODC Human Trafficking Knowledge Portal).

An analysis of country-level data on detected trafficking victims and recently arrived

migrants found that cases of trafficking in persons and regular migration flows broadly
overlap each other in various parts of the world (UNDP, 2009). Much like trafficking in
persons, smuggling of migrants affects all regions of the world and there is evidence
that, at a minimum, 2.5 million migrants were smuggled for an economic return of
US$5.5-7 billion in 2016 (UNODC, 2018). The smugglers' profits stem from the fees they
charge migrants for their services, which are not fixed but largely determined by the
distance of the smuggling trajectory, number of border crossings, geographic conditions,
means of transport, and use of fraudulent travel or identity documents, among other
factors. The organization and size of smuggling operations vary: certain smugglers
operate individually or at a small-scale and on ad hoc basis, some are organized in loose
'networks' operating autonomously in different parts of the smuggling process, others
belong to large and well-organized criminal operations with transnational links.
Depending on the type and size of their network, smugglers supply a series of services,
which might include transportation and escorting during irregular border crossing,
accommodation, planning and contacts along the route, various forms of corruption (from
petty corruption at individual border control points to grand corruption at higher levels of
government) as well as falsified or fraudulently obtained travel documents (UNODC,
2018).

Most smuggled migrants are young males travelling alone, although some smuggling
flows include larger shares of female migrants, family units or unaccompanied migrants
(that is the case, for instance, for Syrian citizens typically smuggled in family units, as
entire families flee armed conflict and seek protection together). A significant and
growing number of unaccompanied minors - mostly boys, aged between 14 and 18 - are
also smuggled to Europe and other destinations, which poses great challenges to

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children's rights and wellbeing (UNODC, 2018). Smuggling operations take place across
a wide range of countries and there is a myriad of routes used to smuggle migrants,
some changing rather quickly. The 2018 UNODC Global Study on Smuggling of
Migrants identified over 30 of them, some of which are highlighted in Figure 3.3, together
with their estimated magnitude and value.

Figure 3.3 Estimated magnitude and value of the major smuggling routes discussed in
the 2018 UNODC Global Study on Smuggling of Migrants

Source: United Nations Office on Drugs and Crime (2018). Global Study on Smuggling
of Migrants. Vienna: UNODC.

Challenges and opportunities

Interviews with victims, police, and service providers offer first-hand accounts of how
human trafficking and migrant smuggling are organized. This work offers clear insights
for prevention and intervention, such as the methods and promises used in recruitment,
transport, and exploitation in human trafficking cases, and although these methods vary
somewhat in different locations, such information has clear utility for training for police

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and prosecution, victim identification, service providers and public education (UNODC,
2015).

Recent reports (UNODC, 2018) show that there has been an overall increase in the
detection of victims of trafficking in persons across the world in recent years, which could
be read as a positive sign of enhanced efforts by authorities to identify victims, or as a
negative one of a larger trafficking problem. In any case, where the number of detected
victims has increased after legislative or programmatic action - such as amendments to
legislation, enforcement of victim protection schemes, etc. -, these initiatives have
contributed to improving victims' identification as well as the effectiveness of criminal
justice responses. At the same time, data also shows that despite this progress, impunity
still prevails in large parts of the globe as demonstrated by the low levels of convictions
and victim detections recorded in various parts of Asia and sub-Saharan Africa. As most
countries in these areas are now parties to the Trafficking in Persons Protocol and have
appropriate legislation in place, their efforts need to concentrate on the implementation
of these provisions, while support from other countries - either of transit or destination -
affected by the same trafficking flows can help to accelerate anti-trafficking efforts.

The 2018 Global Report on Trafficking in Persons also highlights that victims who have
been detected within their own national borders now represent the largest part of the
victims detected worldwide, a trend that needs to be taken into account when adopting
criminal justice measures or designing strategies and priorities to fight trafficking. At the
same time, the trafficking of children remains an area of key concern and requires a
holistic approach that does not only include criminal justice practitioners, but also
teachers and the educational system at large. Finally, as many trafficking flows involve
persons fleeing armed conflict and persecution towards safer destinations, these
situations require special attention and prove particularly challenging. Firstly, it is
fundamental to ensure that UN and other agencies' peacekeeping personnel deployed in
field missions have the capacity to identify and report on trafficking cases. Furthermore,
targeted information material that explains the risks of and possible responses to

38 | Page
trafficking could be included in practical information given to migrants in refugee camps
and along migratory routes. In conjunction with these initiatives, targeted efforts should
be made to prevent and counter child recruitment by terrorist and violent extremist
groups, as well as promote their rehabilitation and reintegration.

For both trafficking in persons and smuggling of migrants, there remain significant
knowledge gaps related to flows and patterns of these crimes. Nonetheless, much like
the different global reports on trafficking in persons published by UNODC in the last
years, the first Global Study on Smuggling of Migrants, published in 2018, presents a
wealth of information and has crucial implications for the design of policies and
programmes. Similarly to other illicit organized crime activities, smuggling of migrants
generates significant economic returns, often at the expenses of thousands of migrants
who are killed, tortured and exploited every year. The Smuggling of Migrants Protocol is
the only internationally agreed legal instrument designed to prevent and combat this
phenomenon. Ratifying or acceding to this instrument and ensuring its full
implementation, including the defining element of 'financial and other material benefit',
are crucial first steps to effectively address this crime and protect migrants.

Smuggling of migrants is determined by a combination of demand and supply elements

and a comprehensive approach to counter this crime needs to take into account not only
its geography, but also the complex contributing factors. A response limited to increasing
border enforcement often results in the displacement of the smuggling routes or a
change in smuggling methods, but it is unlikely to reduce the size of the problem.
Limiting the demand for migrant smuggling can be achieved by broadening the
possibilities for regular migration and increasing the accessibility of regular travel
documents and procedures. Also, raising awareness in communities of origin as well as
in refugee camps about the dangers of being smuggled may also help reduce the
demand for these services. As for the supply side of this deadly business, approaches
need to be tailored to the different smuggler's profiles. Providing alternative livelihoods
programmes to communities that rely on income from migrant smuggling activity can

39 | Page
reduce the economic drivers of small-scale smugglers, while larger smuggling networks
can only be tackled effectively through improved regional and international cooperation
as well as national criminal justice responses that include financial sanctions and other
measures targeted at confiscating the proceeds of the crime. Corruption of border
officers and migration authorities remains a fundamental enabler of this crime, thus anti-
corruption mechanisms need to be enforced in these institutions. To know more about
trafficking in persons and smuggling of migrants, please access the dedicated E4J
Module Series. 

 Summary

This Module has focused on the systematic provision of illicit goods and services as one
of the profit-making centre of organized crime and well as the particular markets in which
organized criminal groups are actively taking part in order to make a profit. These
activities also represent specific offences in most jurisdictions and can and shall be
prosecuted as such independently of the involvements of an organized criminal group.

The specific goods and services provided by organized criminal groups depend on
regional availability, consumer demand, regulatory and enforcement capacities, and
competition from other groups and products. Supply, demand, regulation, and
competition work to create and maintain criminal markets and those organized criminal
groups that actively exploit them. Prevention and intervention strategies aimed only at
organized criminal groups cannot be effective unless the dynamics of the illicit markets
they cater to are also addressed. 

References

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Fraud. Transaction Publishers. 

● Aronowitz, Alexis (2009). Human Trafficking, Human Misery: The Global Trade in

Human Beings. Praeger.

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 ● Australian Criminal Intelligence Commission (2016). Illicit Firearms in Australia.
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● Basel Convention on the Control of Transboundary Movements of Hazardous

Wastes and Their Disposal (1989). 1673 UNTS 126; 28 ILM 657.

● Bate, Roger (2008). Making a Killing: The Deadly Implications of the Counterfeit

Drug Trade. AEI Press.

● Bisschop, L. (2012). Is It All Going to Waste? Illegal Transports of e-waste in a

European Trade Hub. Crime Law and Social Change, vol. 58, 221-249.

● Bogdanos, Matthew and William Patrick (2006). Thieves of Baghdad.

Bloomsbury.

● Bowman, Blythe A. (2008). Transnational Crimes against Culture: Looting at

Archaeological Sites and the "Grey" Market in Antiquities. Journal of
Contemporary Criminal Justice,  vol. 24, 225-42.

● Charter, David (2009). Paintings Recovered in Sting After 22 Years. The

Times (London), March 9, 33.

● Chen, Tien-Hsi, Hsien-Cheh Chang; Kuang-Yang Lue (2009). Unregulated Trade

in Turtle Shells for Chinese Traditional Medicine in East and Southeast Asia: The
Case of Taiwan. Chelonian Conservation & Biology, vol. 8, 11-18.

● Chin. Ko-lin (2009). The Golden Triangle: Inside Southwest Asia's Drug

Trade. Cornell University Press. 

● Coates, Michael and Pearson-Merkowitzz, Shanna (2017). Policy Spillover and

Gun Migration: The Interstate Dynamics of State Gun Control Policies. Social
Science Quarterly, vol. 98, 500-512.

● Commission of the European Communities (2003). Research Based on Case

Studies of Victims of Trafficking in Human Beings in 3 EU Member States:
Belgium, Italy, and The Netherlands. European Union.
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 ● Commission on Crime Prevention and Criminal Justice (2011). Resolution
20/6. Countering fraudulent medicines, in particular their trafficking .Vienna:
UNODC.

● Coomber, Ross and Lisa Maher (2006). Street-Level Drug Market Activity in
Sydney's Primary Heroin Markets: Organization, Adulteration Practices, Pricing,
Marketing and Violence. Journal of Drug Issues, vol. 36, 719-53;

● Council for Museums, Archives and Libraries (2003). Security in Museums,

Archives and Libraries. A practical Guide. Resource.

● Decker, Scott H. and Margaret Townsend Chapman (2008). Drug Smugglers on

Drug Smuggling: Lessons from the Inside. Temple University Press.

● Desroches, Frederick (2007). Research on Upper Level Drug Trafficking: A

Review. Journal of Drug Issues, vol. 37, 827-844.

● Farah, Douglas and Stephen Braun (2008). Merchant of Death: Money, Guns,

Planes and the Man Who Makes War Possible.  Wiley.

● Heinonen, Justin A. John Spink, and Jeremy M Wilson (2017). When Crime
Events Defy Classification: The case of product counterfeiting as white-collar
crime. Security Journal, vol. 30, 621-639.

● Heinrich, Sarah, Talia A. Wittmann, Thomas A.A. Prowse, Joshua V. Ross,

Steven Delean, Chris R. Shepherd, Phillip Casseya (2016). Where Did All the
Pangolins Go? International CITES Trade in Pangolin Species. Global Ecology
and Conservation, vol. 8, 241-253.

● Hepburn, Stephanie and Rita J. Simon (2013). Human Trafficking Around the

World: Hidden in Plain Sight. Columbia University Press.

● Hetzer, Wolfgang (2002). Godfathers and Pirates: Counterfeiting and Organized

Crime. European Journal of Crime, Criminal Law & Criminal Justice , vol. 10, 303-
320.

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 ● Hongfa, Xu and James Compton (2010). The State of Wildlife Trade in China.
Traffic. 

● Hughes, Donna M. (2004). The Role of Marriage Agencies in Sexual Exploitation

and Trafficking of Women from the Former Soviet Union. International Review of
Victimology, vol. 11, 49-71.

● International Labour Organization (2003). Forced Labour: Time for Action.

Geneva: ILO Programme to Combat Forced Labour.

● International Labour Organization (2016). Fishers First: Good practices to end

labour exploitation at sea. Geneva: ILO.

● International Narcotics Control Board (2018), Narcotic Drugs , Vienna: UN.

● International Organization for Migration (2005). Exploratory Assessment of

Trafficking in Persons in the Caribbean Region. Washington, DC: IOM.

● International Union for the Conservation of nature and National Resources

(2016). African Elephant Status Report 2016. Gland: IUCN.

● Interpol (2009). Electronic Waste and Organized Crime: Assessing the Link s.

Interpol.

● Kara, Siddarth (2009). Sex Trafficking: Inside the Business of Modern Slavery .

Columbia University Press.

● Kennedy, Randy (2008). Where Are You Going with That Monet? The New York
Times, February 17, 1.

● Kleemans, E.R. (2017). Organized Crime and Places. In: G.J.N. Bruinsma & S.D.
Johnson (eds.). Oxford Handbook of Environmental Criminology . Oxford: Oxford
University Press.

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 ● Lambrechts, Derica and Michael Hector (2016). Environmental Organised Crime:
The Dirty Business of Hazardous Waste Disposal and Limited State Capacity in
Africa. South African Journal of Political Studies, vol. 43, 251-268.

● Lane, David C., David G. Bromley, Robert D. Hicks, and John S. Mahoney
(2008). Time Crime: The Transnational Organization of Art and Antiquities
Theft. Journal of Contemporary Criminal Justice , vol. 24, 243-62.

● Lesko, Vera and Entela Avdulaj (2003). The Girls and the Trafficking. Vlora: The
Hearth.

● Manacorda, Stefano and Arianna Visconti (2014). Protecting Cultural Heritage as

a Common Good for Humanity: A Challenge for Criminal Justice . Courmayeur:
ISPAC.

● McCalister, Andrew (2005). Organized Crime and the Theft of Iraqi

Antiquities. Trends in Organized Crime, vol. 9, 24-37.

● McClearn, Matthew (2008). Raiders of the Lost Conch. Canadian Business, vol.

81, April 8, 58.

● McEwen, Andy and Straus, Lianne (2009). Counterfeit Tobacco in London: Local
Crime Requires an International Solution. Trends in Organized Crime, vol. 12,
251-259.

● Mackenzie, Simon (2009). Protection against Trafficking in Cultural Property:

Background Paper. UN Expert Group on Protection against Trafficking in Cultural
Property. Vienna: UNODC.

● Naim, Moises (2006). Illicit. Doubleday. 

● Naylor, R.T. (2008). The Underworld of Art. Crime, Law and Social Change, vol.
50, 263-91.

● Peters, Gretchen (2009). Seeds of Terror. New York: Thomas Dunne Books.

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 ● Salton, Michael M. (2013). Starving the Dark Markets: International Injunctions as
a Means to Curb Small Arms and Light Weapons Trafficking. Connecticut Law
Review, vol. 46, 369-414.

● Sanjeev Gupta, Hamid Davoodi and Rosa Alonso-Terme (2002). Does corruption
affect income inequality and poverty? Governance, Corruption, & Economic
Performance, eds., Chapter 17. IMF.

● Small Arms Survey (2015). Small Arms Survey 2015. Cambridge University

Press.

● Schneider, Jacqueline L. (2008). Reducing the Illicit Trade in Endangered

Wildlife: The Market Reduction Approach. Journal of Contemporary Criminal
Justice, vol. 24, 274-295.

● Sorr, Steve (2009). Investigation Shines Light on Illegal New York Reptile
Trade. Democrat and Chronicle (Rochester), March 20.

● The Inter-Agency Coordination Group against Trafficking in Persons (ICAT)

(2016). What is the difference between trafficking in persons and smuggling of
migrants? Vienna: UNODC.

● The Organization for Economic Co-operation and Development

(2016). Organization for Global trade in fake goods worth nearly half a trillion
dollars a year. OECD & EUIPO .

● Transparency International (2011). Timber Trafficking and Laundering: An Anti-

Corruption Approach.  Working Paper 07/2010. 28 February 2011.

● UNESCO Convention on the Means of Prohibiting and Preventing the Illicit

Import, Export and Transfer of Ownership of Cultural Property 1970.

● United Nations Development Programme (2009). Human Development Report

2009 - Overcoming Barriers: Human Mobility and Development . UNDP.

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 ● United Nations Environmental Programme (2017). Waste Crime - Waste Risks:
Gaps in Meeting the Global Waste Challenge . UNEP.

● United Nations General Assembly (2016). Outcome Document of the 2016 UN

General Assembly Special Session on the World Drug Problem.  Vienna: UNODC.

● United Nations Interregional Crime and Justice Research Institute (UNICRI) /

International Chamber of Commerce 'Business Action to Stop Counterfeiting and
Piracy' (ICC BASCAP) (2013). Confiscation of the Proceeds of IP Crime: A
Modern Tool for Deterring Counterfeiting and Piracy . UNICRI.

● United Nations Office for Disarmament Affairs (2014). The Arms Trade Treaty.
New York: UNODA.

● United Nations Office on Drugs and Crime (2004). United Nations Convention

Against Transnational Organized Crime and the Protocols Thereto . Vienna:
UNODC. 

● United Nations Office on Drugs and Crime (2010). The Globalization of Crime: A

Transnational Organized Crime Threat Assessment.  Vienna: UNODC. 

● United Nations Office on Drugs and Crime (2011). In-depth training manual on

investigating and prosecuting the smuggling of migrants.  Vienna: UNODC

● United Nations Office on Drugs and Crime (2011). International Framework for

Action to Implement the Smuggling of Migrants Protocol . Vienna: UNODC.

● United Nations Office on Drugs and Crime (2012). Transnational Organized

Crime in Central America and the Caribbean: A Threat Assessment.  Vienna:
UNODC.

● United Nations Office on Drugs and Crime (2012). Wildlife and Forest Crime
Analytical Toolkit. Vienna: UNODC.

● United Nations Office on Drugs and Crime (2013). Corruption and the Smuggling
of Migrants. Vienna: UNODC.
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 ● United Nations Office on Drugs and Crime (2013). Transnational Organized
Crime in East Asia and the Pacific: A Threat Assessment.  Vienna: UNODC.

● United Nations Office on Drugs and Crime (2013). Transnational Organized

Crime in Eastern Africa: A Threat Assessment. Vienna: UNODC.

● United Nations Office on Drugs and Crime (2013). Transnational Organized

Crime in West Africa: A Threat Assessment. Vienna: UNODC.

● United Nations Office on Drugs and Crime (2014). Protecting the Future:

Responding to Child Sex Offending in Southeast Asia.  UNODC.

● United Nations Office on Drugs and Crime (2015). Migrant Smuggling in Asia -

Current Trends and Related Challenges. Vienna: UNODC.

● United Nations Office on Drugs and Crime (2015). The Concept of "Exploitation"

in the Trafficking in Persons Protocol. Vienna: UNODC.

● United Nations Office on Drugs and Crime (2015). UNODC Study on

Firearms. Vienna: UNODC.

● United Nations Office on Drugs and Crime (2016). Global Report on Trafficking in

Persons. Vienna: UNODC.

● United Nations Office on Drugs and Crime (2016). Practical Assistance Tool to

Assist in the Implementation of the International Guidelines for Crime Prevention
and Criminal Justice Responses with Respect to Trafficking in Cultural Property
and Other Related Offences. Vienna: UNODC.

● United Nations Office on Drugs and Crime (2016). The Firearms Protocol and the
Arms Trade Treaty: Divergence or Complementarity?  Vienna: UNODC.

● United Nations Office on Drugs and Crime (2016). World Wildlife Crime

Report. Vienna: UNODC.

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 ● United Nations Office on Drugs and Crime, INTERPOL, UNESCO
(2016). Protecting Cultural Heritage: An Imperative for Humanity . Vienna:
UNODC.

● United Nations Office on Drugs and Crime (2017). Evidential Issues in Trafficking

in Persons Cases. Vienna: UNODC.

● United Nations Office on Drugs and Crime (2017). Global Synthetic Drugs

Assessment. Amphetamine-type stimulants and new psychoactive substances .
Vienna: UNODC.

● United Nations Office on Drugs and Crime (2017). Market Analysis of Synthetic

Drugs: Amphetamine-type stimulants, new psychoactive substances. World Drug
Report 2017. No. 4. Vienna: UNODC.

● United Nations Office on Drugs and Crime (2017). The Drug Problem and
Organized Crime, Illicit Financial Flows, Corruption and Terrorism. World Drug
Report 2017. No. 5. Vienna: UNODC.

● United Nations Office on Drugs and Crime (2017). World Drug Report 2017.
Vienna: UNODC.

● United Nations Office on Drugs and Crime (2018). Global Report on Trafficking in

Persons. Vienna: UNODC.

● United Nations Office on Drugs and Crime (2018). Global Study on Smuggling of

Migrants. Vienna: UNODC.

● United Nations Office on Drugs and Crime (2018). What are NPS? Early Warning
Advisory (EWA) on New Psychoactive Substances (NPS) . Vienna: UNODC.

● United Nations Office on Drugs and Crime (2019). Combating Falsified Medical

Product-related Crime.  A Guide to Good Legislative Practices . Vienna: UNODC.  

● United Nations Office on Drugs and Crime (2019). World Drug Report. Vienna:
UNODC.
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 ● U.S. Congress (2008). House Committee on Natural Resources. Poaching
American Security: Impacts of Illegal Wildlife Trade . U.S. Government Printing
Office.

● U.S. Department of Justice (2008). Two Individuals Plead Guilty to Trafficking in

More than Half a Million Tubes of Counterfeit Toothpaste . Office of Public Affairs.

● U.S. Department of Justice (2008). French National Pleads Guilty to International

Stolen Art Conspiracy Involving Paintings by Monet, Sisley, and Brueghel .
Federal Bureau of Investigation, July 10.

● U.S. Department of Justice (2009). Arrests Made in Operation Targeting Network

Selling Stolen Native American Artifacts. Department of Justice, June 10.

● Watson, Peter and Cecilia Todeschini (2007). The Medici Conspiracy: The Illicit
Journey of Looted Antiquities from Italy's Tomb Raiders to the World's Greatest
Museums. Public Affairs.

● White, Rob (2008). Environmental Harm and Crime Prevention . Trends & Issues
No. 360. Australian Institute of Criminology.

● World Bank Group (2017). Combating Corruption. 23 September 2017.

● World Health Organization (2010). Growing Threat from Counterfeit Medicines .

Bulletin of the World Health Organization, vol. 88, 247-248.

● World Health Organization, Members States Mechanism on

Substandard/Spurious/Falsely-labelled/Falsified/Counterfeit Medical Products
(2017). Working Definition Document approved by the Seventieth World Health
Assembly. Geneva: UNWHO.

● World Health Organization (2017).  A Study on the Public Health and

Socioeconomic Impact of Substandard and Falsified Medical Products.  Geneva:
UNWHO.

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 ● Zaitch, Damian (2008). Trafficking Cocaine: Colombian Drug Entrepreneurs in
the Netherlands. New York: Springer.

● Xu Ling, Jing Guan, Wilson Lau and Yu Xiao (2016). An Overview of Pangolin
Trade in China. Traffic Briefing.

Core reading

 Legal

Protocols to the United Nations Convention against Transnational Organized Crime

● Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially

Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime

o Article 1. General Provisions

o Article 3. Use of Terms

o Article 5. Criminalization

● Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing
the United Nations Convention against Transnational Organized Crime

o Article 1. General Provisions

o Article 3. Use of Terms

o Article 5. Criminal Liability of Migrants

o Article 6. Criminalization

● Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their

Parts and Components and Ammunition, supplementing the United Nations
Convention against Transnational Organized Crime

o Article 1. General Provisions

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 o Article 3. Use of Terms

o Article 5. Criminalization

UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import,
Export and Transfer of Ownership of Cultural Property.  1970

● Articles 1 and 4

Academic Literature

● Bowman, Blythe A. (2008). Transnational Crimes against Culture: Looting at

Archeological Sites and the "Grey" Market in Antiquities.  Journal of
Contemporary Criminal Justice,  vol. 24, 225-42.

● Coates, Michael and Pearson-Merkowitzz, Shanna (2017). Policy Spillover and

Gun Migration: The Interstate Dynamics of State Gun Control Policies. Social
Science Quarterly, vol. 98, 500-512.

● Hetzer, Wolfgang (2002). Godfathers and Pirates: Counterfeiting and Organized

Crime. European Journal of Crime, Criminal Law & Criminal Justice , vol. 10, 303-
320.

● Leroy, Bernard (2014). Drug Trafficking (pp. 229-246). In N. Boister and R.J.
Currie (eds.), Routledge Handbook of Transnational Criminal Law . London:
Routledge.

● Obokata, Tom (2014). Human Trafficking. In N. Boister and R.J. Currie

(eds.), Routledge Handbook of Transnational Criminal Law . London: Routledge. 

Reports

● United Nations Office on Drugs and Crime, INTERPOL, UNESCO

(2016). Protecting Cultural Heritage: An Imperative for Humanity . Vienna:
UNODC.

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 ● United Nations Office on Drugs and Crime (2015). UNODC Study on
Firearms. Vienna: UNODC.

● United Nations Office on Drugs and Crime (2016). World Wildlife Crime

Report. Vienna: UNODC.

● United Nations Office on Drugs and Crime (2018). Global Report on Trafficking in

Persons. Vienna: UNODC.

● United Nations Office on Drugs and Crime (2018). Global Study on Smuggling of

Migrants. Vienna: UNODC.

● United Nations Office on Drugs and Crime (2019). World Drug Report. Vienna:
UNODC.

● World Health Organization, Members States Mechanism on Substandard /

Spurious / Falsely-labelled / Falsified / Counterfeit Medical Products
(2017). Working Definition Document approved by the Seventieth World Health
Assembly. Geneva: UNWHO.

● World Health Organization (2017).  A Study on the Public Health and

Socioeconomic Impact of Substandard and Falsified Medical Products. Geneva:
UNWHO.

Advanced reading

● Albanese, Jay S., ed. (2009). Combating Piracy: Intellectual Property Theft and
Fraud. Transaction Publishers.
● Australian Criminal Intelligence Commission (2016). Illicit Firearms in Australia.
Commonwealth of Australia.
● Hongfa, Xu and James Compton (2010). The State of Wildlife Trade in
China. Traffic. 
● INTERPOL, RHIPTO, Global Initiative Against Transnational Organized Crime
(2018). World atlas of illicit flows . RHIPTO
52 | Page
 ● Lane, David C., David G. Bromley, Robert D. Hicks, and John S. Mahoney
(2008). Time Crime: The Transnational Organization of Art and Antiquities
Theft. Journal of Contemporary Criminal Justice , vol. 24, 243-62.
● McEwen, Andy and Straus, Lianne (2009). Counterfeit Tobacco in London: Local
Crime Requires an International Solution. Trends in Organized Crime, vol. 12,
251-259.
● United Nations Office on Drugs and Crime (2012). Wildlife and Forest Crime
Analytical ToolKit. Vienna: UNODC.
● Visconti, Arianna (2014). Cultural Property Trafficking. In N. Boister and R.J.
Currie (eds.), Routledge Handbook of Transnational Criminal Law . London:
Routledge. 

Research and independent study questions

a) Trafficking in falsified medical products poses a considerable public health threat.

Compounding this public health risk is the fact that the supply chain for medicines
operates at a global level. Discuss a cross-border supply chain for the illicit trade in a
falsified medical product of your choice.

b) In January 2014, the United Nations Security Council (UNSC) resolutions 2134 and
2136 required all States to adopt sanctions, namely freezing assets and restricting travel,
on any individual or entity involved in wildlife and forest trafficking. Study the text of
resolutions and elaborate on the illegal wildlife trade in the Democratic Republic of
Congo and in the Central African Republic. Who are the perpetrators? What are their
motivations and how do they benefit from the illegal wildlife trade? What specific natural
resources are exploited? What are the consequences of the illegal wildlife trade in these
two African countries, regionally, and globally?

c) The primary impetus behind trafficking of persons is an imbalance in the world labour
market. Do you agree or disagree with this statement? Explain your position.

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d) According to article 5 of the Protocol against the Smuggling of Migrants by Land,
supplementing the Organized Crime Convention, "migrants shall not become liable to
criminal prosecution under this Protocol for the fact of having been the object of"
smuggling. Therefore, the Protocol requires State parties to criminalize only the
smugglers, although in many countries the national legislation criminalizes the acts of
both the smugglers and the illegal migrants. Please, find relevant national examples and
discuss pros and cons.

e) One of the most effective ways to reduce trafficking in persons is to legalize

prostitution. Do you agree or disagree with this statement? Explain your position.

f) The production of heroin and cocaine (and other narcotic substances) requires a
significant amount of precursor chemicals. Most of drug trafficking organizations do not
have any legitimate source for these chemicals domestically and have to procure them
abroad. Discuss the illicit precursor trafficking trends and whether the international anti-
drug trafficking regime led by the International Narcotics Control Board (INCB), has been
able to restrict drug production by focusing on precursor trade and new drug substances.

g) Use UNODC Human Trafficking Case Law Database (Search in section "Keyword" -
> "Begging") to study the exploitation of minors in forced begging. In particular, discuss
the background of victims (vulnerable groups) and the means of threat or use of force (or
other forms of coercion) developed by offenders.

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