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DEFENDERS
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crimes are transnational in nature and are
committed by an organized criminal group
active in more than one State; are committed
in one State but have substantial effects in
another State; or are committed in one State
but a substantial part of their preparation,
planning, and direction or control takes place
in another State. (Article 3)
The three Additional Protocol to the
Convention add 3 more offences to the list of
serious crimes
1. Prevention, Suppressing and Punishment
of Trafficking in Persons, especially Women
and Children (Protocol I)
2. Prevention of the Smuggling of Migrants
by Land, Sea and Air (Protocol II)
3. Prevention of Illicit Manufacturing of
and Trafficking in Firearms, their parts and
Components and Ammunition (Protocol III)
Regarding the international body which is
of deep concern (about the negative economic
and social impacts of organized criminal
activities) the concerned body is the General
Assembly of the United Nations
3
and or
countries which are members of the protocol
(see the introduction of the three Protocols in
which the negative impacts caused by serious
crimes have been noted).
Question:Nowwhatmeasuresaresuggested
by the convention in addition to serious
punishments for the mentioned crimes?
According to Paragraph 3 of Article 34 of
the Convention, each State Party may adopt
more strict or severe measures than those
provided for by this Convention for preventing
and combating transnational organized crime.
Conclusion 1: Crimes such as human
trafficking, trafficking of illegal migrants
and firearms are examples of transnational
organized crime which are a source of serious
concern for the majority of international
community or threaten the security of all
States, and have detrimental impact on the
people’s welfare, threatening economic,
social development in all societies.
Conclusion 2: The act of trafficking is a
crime, such as smuggling. But some instances
of trafficking are serious crimes. The Palermo
ConventiononTransnationalOrganizedCrime
considers some of the instances as serious
crime if they are committed transnationally
and in an organized manner.
Question: Considering the above mentioned
discussion drug-related crimes are what sort
of crimes?
TheUnitedNationsConventionagainstillicit
traffic in Narcotic Drugs and Psychotropic
Substances adopted on 20 December 1988
ratified by the Islamic Republic of Iran
describes the crime as follows:
- The Parties to this Convention are deeply
concerned by the magnitude of and rising
trend in the illicit production of, demand for
and traffic in narcotic drugs and psychotropic
substances, which pose a serious threat to
the health and welfare of human beings and
adversely affect the economic, cultural and
political foundations of society;
- They are particularly by the fact that
children are used in many parts of the world
as an illicit drug consumers market and for
purposes of illicit production, distribution
and trade in narcotic drugs and psychotropic
substances, which entails a danger of
incalculable gravity;
- Recognizing the links between illicit
traffic and other related organized criminal
activities which undermine the legitimate
economies and threaten the stability, security
and sovereignty of States;
Recognizing also that illicit traffic is an
international criminal activity, the suppression
of which demands urgent attention and the
highest priority;
- Aware that illicit traffic generates
large financial profits and wealth enabling
transnational Criminal organizations to
penetrate, contaminate and corrupt the
structures of government, legitimate
commercial and financial business, and
society at all its levels;
- Recognizing that eradication of illicit
traffic is a collective responsibility of all States
and that, to that end, coordinated action within
the framework of international co-operation is
3- See UN resolution
A/55/383, Jan, 8, 2001