Drug trafficking, an international crime : an analysis of the United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances

Abstract

The thesis is an attempt to clarify the current position of drug trafficking within the ambit of international criminal law. The first chapter of the thesis charts the process which has led drug trafficking to become considered as one of the international criminal activities most demanding of "urgent attention and maximum priority "1, and eventually for the United Nations to adopt the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Chapter 1 enters into an inquiry whether drug trafficking has come to be considered as a criminal offence under international law or not. The subsequent chapters analyse in detail the articles of the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances which are relevant to the criminalisation of drug trafficking: Chapter 2 deals with the definitional aspects of the practice, under the Convention, and the sanctions laid down therein; Chapter 3 deals with money laundering and confiscation; Chapter 4 deals with the bases of jurisdiction embraced by the Convention to prosecute offenders; and Chapter 5 deals with extradition and mutual legal assistance. These chapters assess the strengths and weaknesses of the relevant articles and consider the areas where the drafters have deemed it necessary to tackle the prevention and sanctioning of drug trafficking (as against other international crimes) in a novel manner. This analysis is accompanied by brief reflections on other international efforts complimenting the Convention in a bid to combat drug trafficking. The conclusion is that there are sound grounds to consider drug trafficking as a criminal offence in international law de lege feranda, and the 1988 Convention has the potential to attract the necessary opinio juris for it to become a criminal offence de lege lata.