By Michael McLaggan

Prominent throughout the world, illicit financial flows (IFFs) not only undermine the ability of states to collect revenue, but they also pose challenges to governance and the rule of law and provide avenues for the funding of further illicit activity. Although a global occurrence, IFFs may manifest differently at the regional level, making a uniform approach difficult. This calls for a model that is more inclusive of different types of flows than traditional understandings of IFFs, which tend to focus on financial flows within the formal system. In regions such as East and southern Africa, where informality is much higher than in the developed nations of the ‘global north’, the greater focus on formal systems does not find the same degree of applicability. This is not to downplay the necessity of observing and countering formal financial flows of an illicit nature but rather to emphasise the need to pay greater attention to informal and trade flows, which are prolific in less developed regions. This paper draws on extensive research by the Global Initiative against Transnational Organized Crime (GI-TOC) – in particular, the Observatory of Illicit Economies in East and Southern Africa – in addition to research by other international organisations, to analyse whether the ‘IFFs pyramid’ proposed by the GI-TOC (Reitano, 2022) is applicable to and useful for researchers seeking to understanding illicit financial flows in various settings around the world but especially in regions where greater levels of informality exists, such as East and southern Africa. The paper finds that the pervasive informality of markets in the East and southern African region, and their abuse by criminal actors, means that greater attention to IFFs is necessary in this sphere. Common also is the use of illicitly acquired, or otherwise illicitly traded commodities, in barter (that is, goods for goods) markets. Identified as particularly relevant is the pernicious influence of state-embedded actors, who often play substantial roles in the facilitation of IFFs and act as obstacles to policies to address them. Furthermore, vested interests of criminal actors in keeping certain industries and markets informal serve as barriers to formalisation and highlight the greater need to pay attention to informal financial flows especially. The due consideration to trade and informal flows is what makes the IFFs pyramid a useful model for understanding these flows in both global and regional settings. At the very least, the pyramid model highlights the need for holistic approaches and policy reform when considering IFFs in less developed regions.  

Birmingham, UK: University of Birmingham. 2024, 33pg

By Prem Mahadevan, Maria Khoruk, Alla Mohammad Mohmandzai and Ruggero Scaturro

How will the new Taliban regime change Afghanistan’s illicit drug landscape in the coming years? Are the Taliban genuinely committed to combating the flow of narcotics within and outside Afghanistan, as signalled by the ban on opium cultivation issued by the Taliban leadership in April 2022?

Based on field research coordinated by the Global Initiative against Transnational Organized Crime (GI-TOC) in the Afghan provinces of Helmand and Nangarhar, this paper analyses the changes to the Afghan drug economy since the Taliban’s return to power on 15 August 2021, documenting the adaptation of local actors engaged in the opium economy to the events that had a profound impact on their lives. Historical analysis supplements the field research findings and aids our understanding of the shifting conditions of the illicit drug economy in Afghanistan. Given the institutional weakness of Afghan statehood after nearly five decades of civil war, the GI-TOC’s approach represents a collation of provincial and district-level assessments rather than a comprehensive country-wide assessment.

This research paper outlines the complexities of local conditions and reveals a regime fragmented among varied interests and power structures, seeking to reconcile the profitability of the drugs trade with the strive for legitimacy.

University of Birmingham, Research Paper No. 27. 2023, 31pg

By Rachel Killean

This paper reviews key definitions of ecocide that have emerged since the 1970s, from Richard A Falk’s early draft International Convention on the Crime of Ecocide, to the Stop Ecocide Foundation Expert Panel’s definition of 2021, and analyses enduring legal and political challenges to the prospects for a new international crime. Despite the latter definition gaining prominence and considerable support we argue that there is a continuing necessity to reflect on the key challenges to the development of an international crime that can actually deliver accountability for serious crimes against the environment, and that engagement with previous definitions can assist in these reflections. We discuss core problems with categorising and negotiating ecocide, guaranteeing legality and ascertaining appropriate gravity and requisite levels of intention. Based on our analysis of past and present definitions, and the social construction of related crimes and international norms, we advocate for a robust articulation of the potential crime that balances foreseeability and flexibility, detached from the requirements of the other core crimes and includes an understanding of intent that embraces reckless acts and omissions and which avoids a cost versus benefit analysis. While we are advocates of ecocide’s criminalisation, we are also conscious of the political and operational barriers to ecocide’s creation and implementation. As such, we argue both for interim measures such as non-binding declarations in support of ecocide, and for humility with regards to what the law can meaningfully achieve. For us, ecocide represents one possible tool in a toolkit that must include a range of legal and political interventions to prevent and repair environmental destruction.

Australia, Sydney, University of Sydney Law School. 2023, 18pg