Preventing Wildlife Crimes: Solutions That Can Overcome the ‘Tragedy of the Commons’

The 'tragedy of the commons' dilemma occurs when individuals working independently of one another, will overuse a common-property resource for short-term benefits while decimating the resource for long-term use (Hardin 1968). This is often found in the field of wildlife crimes where species become overexploited to increase short-term profits while endangering and eliminating a natural resource for future users. Wildlife crimes suffering from the ‘tragedy’ need to be prevented in order for species to avoid extinction while also conserving a natural resource that monetarily benefits numerous people and their respective communities. Current approaches to the illegal wildlife trade include implementing trade bans or regulatory schemes at the national and international level, yet their effectiveness of reducing the trade is unknown. Perhaps, a better approach in reducing the illegal wildlife trade is a combination of making it more difficult to poach (i.e. situational crime prevention) and incentivizing locals to abstain from poaching. This paper will first review the literature on wildlife crimes and then use a case study approach that will examine the literature on the illegal parrot trade, the market for wildlife skins, and over-fishing. Through these case studies, a comprehensive review of the problem will be detailed as well as innovative conservation solutions that show promise in reducing the poaching and exploitation of species. Amongst these solutions will be the use of situational crime prevention that has shown immediate reductions in crime when tailored towards highly-targeted areas and crimes.     

The Russian Far East’s illegal timber trade: an organized crime?

Transnational environmental crime is a global problem encompassing not only criminal violations of the law, but harms against the environment and the people reliant upon it as a natural resource. Grounded in the green criminological theory of eco-global criminology, this paper explores the transnational environmental crime of the illegal timber trade in the Russian Far East unpicking the threats to ecological well-being and the global nature and impacts of this crime. In researching transnational environmental crime, it is crucial to uncover the distinct local and regional variations of the forces at play; for this paper that means analyzing the role of organized crime and corruption in Russia’s timber black market. This information was obtained by using the current literature and interviews with Russian and international experts in order to uncover the role of these actors in the harvesting, smuggling and selling of timber. From this exploration, a structure of the illegal timber trade in this region is proposed including at which points along the black market chain organized crime and/or corruption are involved. Additionally, from an eco-global criminological foundation this paper analyzes the consequences to Russia’s people, its environment and the global community if the illegal timber trade is to continue in its current state.     

The efficacy of international regulation of uranium mining: Malawi as a case study

This article explores the basis for an international law framework for the adoption of binding minimum standards to govern the exploitation of uranium mining within States. By focusing on international environmental law, the following discourse exposes, a) the inimical impact of State sovereignty over natural resources to effective regulation of uranium mining; and b) the practical ramification of the impreciseness and wooliness of international regulation of uranium mining. This article suggests a need to re‐evaluate the extent to which States may be subject to standards imposed under international law in their exploitation of natural resources.     

Trafficking in Migrants: Illegal Migration and Organized Crime in Australia and the Asia Pacific Region

The subject of this article is the phenomenon commonly known as trafficking in migrants or people smuggling—the criminal offence of transporting migrants across international borders. This article explores the phenomenon of migrant trafficking and analyses migrant trafficking in the light of recent developments at domestic, regional and international levels. This article examines national legislation dealing with migrant trafficking in criminal law and immigration law in Australia and fifteen countries of the Asia Pacific region: Brunei, Cambodia, People's Republic of China and its Special Administrative Regions Hong Kong and Macau, Fiji, Indonesia, Lao People's Democratic Republic, Malaysia, Myanmar, Papua New Guinea, Singapore, Solomon Islands, Taiwan, Thailand, Vanuatu and Vietnam. Moreover, international and regional efforts to combat illegal migration and organized crime are outlined and analysed.     

Whose 'Conduct Unbecoming'?: The Shooting of a Handcuffed, Blindfolded Palestinian Demonstrator

The article focuses on the decision of the Israeli MilitaryAdvocate General (MAG) to charge an officer who ordered theshooting of a handcuffed, blindfolded Palestinian demonstrator,and the soldier who executed the order, for ‘conduct unbecoming’.It advances the following propositions: (i) from the perspectiveof the applicable international law, the facts of the case qualifythe shooting as a war crime; (ii) said decision of the IsraeliMAG is indicative of a policy of tolerance towards violenceagainst non-violent civilian protest against the constructionof the Separation Wall; (iii) the implication of such policyis twofold: first, it might transform ‘conduct unbecoming’— which as a matter of law is a war crime — intoa crime against humanity; second, it may well be construed asan invitation to the international community to intervene throughthe exercise of universal jurisdiction.     

论卢旺达国际刑事法庭对国际刑法发展的贡献

卢旺达国际刑事法庭在1994年的建立和12年的审判实践经验为国际刑事法的发展作出了一定贡献.主要表现在:卢旺达国际刑事法庭是历史上首次建立专门审理非国际性武装冲突的国际刑事法庭;丰富了国际人道主义法的内容;扩大了对在非国际性武装冲突中犯罪的管辖权,进一步积累了国际刑事法院的审判经验,对国际刑法中的三大罪行的界定作出了新的阐释;推动了非洲国际法学的发展并在一定程度上促进了常设性国际刑事法院的建立.     

Sexual Slavery: Do We Need This Crime in Addition to Enslavement?

The article focusses on the crime of sexual slavery in the ICC Statute. It examines the legal definition of enslavement in Article 7 (2) (c) ICC Statute and the Elements of Crimes (EOC) of enslavement and sexual slavery as well as the jurisprudence of the SCSL which was the first to deal with the application of the EOC of sexual slavery to a concrete situation (so-called ‘forced marriage’ phenomenon). The author questions whether there is a necessity to have two crimes against humanity of enslavement and sexual slavery but on the other hand, no war crime of enslavement. Further, she rejects the interpretation that human trafficking has become part of the definition of slavery/enslavement as the footnote in the EOC seems to suggest. The author argues vigorously that the phenomenon of ‘forced marriage’ should be prosecuted as sexual slavery and not under the residual offence of inhumane acts as a ‘new’ international crime.     

CITES,wild plants,and opportunities for crime

The illegal trade in endangered plants damages both the environment and local communities by threatening and destroying numerous species and important natural resources. There is very little research which systematically addresses this issue by identifying specific opportunities for crime. This article presents the results of an interdisciplinary study which brings together criminological and conservation science expertise to identify criminal opportunities in the illegal wild plant trade and suggest strategies in order to prevent and mitigate the problem. Methodologically, the study adapts a crime proofing of legislation approach to the UN Convention on the International Trade in Endangered Species of Wild Fauna and Flora and is based on documentary and interview data. Situational crime prevention is used as a framework to provide points for effective intervention.     

Indigenous People,Organized Crime and Natural Resources: Borders,Incentives and Relations

This article explores the relationship between the Emberá–Wounaan and Akha Indigenous people and organized crime groups vying for control over natural resources in the Darién Gap of East Panama and West Colombia and the Golden Triangle (the area where the borders of Laos, Myanmar (Burma), and Thailand meet), respectively. From a southern green criminological perspective, we consider how organized crime groups trading in natural resources value Indigenous knowledge. We also examine the continued victimization of Indigenous people in relation to environmental harm and the tension between Indigenous peoples’ ecocentric values and the economic incentives presented to them for exploiting nature. By looking at the history of the coloniality and the socioeconomic context of these Indigenous communities, this article generates a discussion about the social framing of the Indigenous people as both victims and offenders in the illegal trade in natural resources, particularly considering the types of relationships established with dominant criminal groups present in their ancestral lands.

     

International Law and the Protection of Cultural Property in the Event of Armed Conflict: Actual Problems and Challenges

Cultural property may be under serious threat in the event of armed conflict. In the twentieth century, there were clear developments in international law aimed at preventing and punishing war crimes against cultural property. Despite this, the destruction of cultural property during armed conflict has continued. This article questions whether the existing international law standards with regard to the protection of cultural property during armed conflict are satisfactory, and whether or not a new instrument could be valuable. Although considerable shortcomings remain, instead of pleading for a new instrument, this article advocates raising ratification rates, the enhancement of the implementation of existing instruments, and monitoring and sanctioning mechanisms.     

Rwanda’s involvement in Eastern DRC: A criminal real options approach

This paper applies an alternative model to analyze criminal behaviour by countries based on real option models. Criminal options incorporate a richer framework than traditional cost-benefit models and allow examining the optimal timing of a crime as criminals have the possibility but not the obligation to commit a crime in the near future. From the model, we show how criminal states can actively manage their criminal options. More importantly, we show how the international community can optimally intervene pro-actively, by reducing the incentives for criminal states to execute their criminal options. These novel insights are then applied to two episodes of criminal behaviour by Rwanda in the Democratic Republic of Congo (DRC): the massive killing of Hutu refugees by the Rwanda Patriotic Army (RPA) in late 1996-early 1997 and the illegal exploitation of Congolese resources from August 1998 onwards. This article describes and assesses these activities from this real option perspective.     

The underworld of gemstones

In recent decades prices of high-end “colored gemstones” (trade jargon for precious stones other than diamonds), like almost all “collectibles,” have risen dramatically. Demand has been spreading to economic classes formerly excluded at the same time the supply of high-quality material from natural sources falls, leading to constant searches (that may take on the character of gold-rushes) for as yet undiscovered sites. While no doubt criminogenic factors have always existed within the gemstone business, periods of rapid price rise mean stronger temptation for illegal activities. The potential list of economic offenses, civil, regulatory and criminal, associated with the gemstones business includes: illegal mining, environmental offenses, bribery, gun-running, smuggling, “terrorist”(i.e. insurgent) financing, commercial fraud, mining-share swindles, money laundering and, not least, simple theft along with recycling stolen goods. This paper represents an attempt to understand the criminogenic factors in light of the history and current structures of the business. It fits the gemstone trade into a commercial, geo-strategic and sociological matrix, the three often interacting in mutually reinforcing ways. It asks whether, given the incentives and opportunities for illicit activity, relying primarily on industry self-regulation makes sense. But it also questions whether the international regulatory regime now in place for diamonds can be applied to the far more diffuse supply-side conditions of the colored gemstone market. Methodologically, the paper is a research essay in the political economy of clandestine international economic activity, with particular focus on its historical, geo-strategic and sociological context rather than a more narrow, traditional criminological study. The second may work well enough when the activity under investigation is a crime per se, as with studies of illegal drugs. However when the activity is inherently legal, but conducted illegally, it is essential to understand thoroughly the nature and operation of the legal business to make sense of the illegal. The illegal is buried in and works concurrently with the legal, not in the narrow sense of having the legal as cover, but in a more profound sense of the legal and the illegal sharing attitudes and supporting institutions. The paper is divided into three parts. The first, “Under the Rainbow,”examines the shady side of gemstone mining in a geo-political context. The second, “In the Eye of the Beholder,” looks at fraud in cutting and polishing of rough gemstones into finished gems. The third, “Hot Rocks, Cold Cash,” focuses on illicit activity in the retail jewelry trade.     

From Triads to snakeheads: organised crime and illegal migration within Britain's Chinese community

This article revisits the continued existence of organised crime within the Chinese community, with particular reference to snakeheads and the trafficking or smuggling of illegal migrants. This article begins by exploring the history of Chinese organised crime within the United Kingdom and situates its continued existence within an ever more diverse ‘Chinese community’. It then draws on research involving three sets of qualitative data: one set is based on 60 interviews with law enforcement personnel based in China and the United Kingdom as well as key stakeholders within the Chinese community; the other set is based on structured questionnaires issued to 25 Chinese residents currently illegally residing in the United Kingdom; the final set is a review of the five free Chinese newspapers analysed over a 2-week period for relevant advertisements relating to migration. It then explores the mechanisms which enable illegal migrants to obtain criminal employment and discusses the motivations of those involved.     

The Court-martial of Corporal Payne and Others and the Future Landscape of International Criminal Justice

The court-martial of Corporal Payne and others involved thefirst charges brought under the International Criminal Court(ICC) Act in the United Kingdom, and led to the first Britishsoldier ever to be convicted for a war crime under internationallaw. But the significance of the case extends far beyond itsnational implications; it represents an important illustrationof the national-level accountability heralded by the ICC regime.This article critically examines the court-martial of CorporalPayne and others, and uses this analysis as the basis of a broaderexploration of the contrast between domestic courts-martialand international courts as fora for trying international crimes.The final part of the article explores the potential significanceof that dichotomy for the future landscape of internationalcriminal justice.     

Using Private-Public Linkages to Regulate Environmental Conflicts: The Case of International Construction Contracts

The article takes a pluralistic view of the 'trade-environment' conflict by exploring one of the settings of this conflict: the lex constructionis – international construction law. It seeks to unravel the way in which the unique structural-cultural attributes of this legal domain have affected its environmental (in)sensitivity. The article's main argument in that context is that the contractual tradition of the lex constructionis (as manifested in the standard contracts that dominate this field) and its unique institutional structure, have created a culture of ecological indifference. This culture has important practical consequences because of the deep ecological problematic of international construction projects. The article develops an alternative contractual model, which depicts the construction contract as a semi-political mechanism, rather than a private tool. This conceptual change seeks to break the public/private separation that characterizes the contractual discourse in the international construction market. The article explores, further, whether this alternative contractual vision could be realized in practice, and proposes several implementing modules which could further this goal. While the article explores a particular international regime, its methodology and conclusions – in particular, the political-constitutional interpretation of the contract and the critique of the public/private dichotomy (see sections III.3 and III.4) – should be relevant to the regulation of many other (national or international) environmental dilemmas.     

Farmers,factories and funds: organised crime and illicit drugs cultivation within the British Vietnamese community

This article explores the growth of organised crime within the Vietnamese community with particular reference to the cultivation of cannabis, money laundering and the smuggling or trafficking of children. The article begins by exploring the history and diversity of the ‘Vietnamese community’ in the United Kingdom and the role of Vietnamese culture in shaping their criminal enterprises. It then draws on research involving two sets of qualitative data: one set is based on 45 interviews with law enforcement personnel based in Vietnam and the United Kingdom as well as with key stakeholders in the Vietnamese community; the other set is based on structured questionnaires issued to 34 Vietnamese residents in Britain, 24 of whom are here illegally. It examines the relationship between illegal immigration of Vietnamese citizens to Britain and the urban cultivation of cannabis, in what has become known as ‘cannabis factories’, and the laundering of the profits abroad to Vietnam. After exposing the logistics of Vietnamese illegal immigration into Britain, the article concludes that those involved in cannabis cultivation, money laundering and people smuggling are primarily motivated by profit rather than ‘lifestyle’ concerns, and operate within what theorists of organised crime refer to as the ‘mono-ethnic criminal network’.     

Is it all going to waste? Illegal transports of e-waste in a European trade hub

This article responds to the call for more empirical knowledge about transnational environmental crime. It does so by analysing the case of illegal transports of electronic waste (e-waste) in a European trade hub. Given the complexity and global nature of transnational environmental crime, it is difficult to determine which actors are involved. In this regard, a local research setting allows the actors involved in illegal transports of e-waste to be identified. This research tries to determine whether these actors and their roles can be considered legal or illegal and illustrates the legal-illegal interfaces in e-waste flows. Moreover, this case study analyses the push, pull and facilitating factors and therefore looks at what motivations and opportunities shape the flows of e-waste in locations of origin, transit and destination. The results show that the social organisation and emergence of transnational environmental crime is on a thin line between legal and illegal which needs to be contextualised within the global reality of the locations of origin, transit and destination.     

Cyber Weapons Convention

World leaders are beginning to look beyond temporary fixes to the challenge of securing the Internet. One possible solution may be an international arms control treaty for cyberspace. The 1997 Chemical Weapons Convention (CWC) provides national security planners with a useful model. CWC has been ratified by 98% of the world’s governments, and encompasses 95% of the world’s population. It compels signatories not to produce or to use chemical weapons (CW), and they must destroy existing CW stockpiles. As a means and method of war, CW have now almost completely lost their legitimacy. This article examines the aspects of CWC that could help to contain conflict in cyberspace. It also explores the characteristics of cyber warfare that seem to defy traditional threat mitigation.     

Command Responsibility: Mode of Liability for the Crimes of Subordinates or Separate Offence of the Superior?

The nature of command responsibility is still open to debatein international criminal law: is a superior to be held criminallyresponsible for the crimes committed by his subordinates ‘asan accomplice’, for having participated in the commissionof the crime by omission, or as a perpetrator of a separateoffence of dereliction of duty? This article surveys the post-WW2case law and the first international instruments on this point,and then analyses the jurisprudence of the International CriminalTribunal for the former Yugoslavia (ICTY). The judges appearto have recently adopted a new approach to Article 7(3) ICTYSt.in that the superior is held responsible ‘for failureto prevent or punish with regard to the crimes of the subordinate’and no longer ‘for the crimes of his subordinates’.It is a responsibility ‘sui generis’ indeed, wherethe crime of the subordinate plays a central role in the attributionof responsibility to the superior. It is, therefore, necessaryto carefully consider the relationship between the superior'sfailure to act and the subordinate's crime, both with regardto objective and subjective elements. The same question finallyarises in relation to Article 28 of the Rome Statute, the literalinterpretation of which implies that a superior shall be punishedfor the same crime committed by his subordinates. In order toavoid the risk of holding a person guilty of an offence committedby others in violation of the principle of personal and culpablecriminal responsibility, it is crucial to consider separatelythe different cases of command responsibility, which are basedon distinct objective and subjective requirements.     

责任主义与违法性认识问题

违法性认识问题的提出,根源于绝对的知法推定的动摇。知法的推动动摇后,传统的法律错误处理规则与责任主义的冲突随之而来。笔者认为,有必要从责任主义的角度,重新审视不知法不免责的准则,并对法律错误的处理还原为刑事责任的一般问题。围绕违法性认识所引发的纷争,折射的是责任主义刑法在风险社会所遭遇的困境。各国通过对法律技术或制度的选择性运用,来求取刑法规制与责任主义之间的平衡。对我国刑法而言,问题的关键不在于违法性认识在犯罪论体系中的位置,而是构建或完善能够维护个体正义的制度技术。