Wildlife trafficking under the lens of international law: a threat to the peace or a serious transnational crime?

Abstract

On 16 September 2019, the United Nations General Assembly Resolution 73/343 on tackling illicit trafficking in wildlife reiterated the concept whereby wildlife trafficking constitutes a serious threat not only to the world's biodiversity and ecosystems but also to socio-economic and political stability and to the rule of law. Because of the transnational character of the illicit trade in protected species and because this activity is often carried out by organised criminal groups, any strategy of prevention and repression of wildlife trafficking should entail an effective cooperation between States within an international legal framework. Against this background, this article reflects on the ways in which international law has dealt with wildlife trafficking so far, and on the potential of different international law sources to provide States with effective tools to manage the risks posed by this transnational organised crime. To answer these questions, this article focuses on two main fields of enquiry. First, it considers the characterisation of wildlife trafficking as a threat to the peace within the framework of Chapter VII of the Charter of the United Nations by the United Nations Security Council in Resolutions 2134 (2014) and 2136 (2014), reflecting on the possibility to expand such a qualification outwith the context of specific internal conflicts and the activities of armed groups. Second, the article assesses the effectiveness of such an approach and its eventual added value in the light of the international legal framework already applicable to wildlife trafficking. To do so, it enquires on whether the United Nations Convention against Transnational Organized Crime, in synergy with the Convention on International Trade in Endangered Species of Wild Fauna and Flora, can provide States Parties with an appropriate and sufficient framework to tackle the global threats posed by wildlife trafficking.