By The United Nations Office on Drugs and Crime (UNODC)

Crimes that affect the environment are among the most profitable and fastest growing types of international criminal activity. In resolution 10/6, adopted in 2020, the Conference of the Parties to the United Nations Convention against Transnational Organized Crime expressed its alarm at research indicating that crimes that affect the environment had become some of the most lucrative transnational criminal activities and were often closely interlinked with different forms of crime and corruption, and that money-laundering and the illicit financial flows derived from them may contribute to the financing of other transnational organized crimes and terrorism. It affirmed that the Organized Crime Convention constitutes an effective tool and an essential part of the legal framework for preventing and combating transnational organized crimes that affect the environment and for strengthening international cooperation in this regard and requested the United Nations Office on Drugs and Crime, subject to the availability of extrabudgetary resources, and within its mandate, to provide technical assistance and capacity-building to State parties, upon request, for the purposes of supporting their efforts to effectively implement the Convention in preventing and combating transnational organized crimes that affect the environment. In 2019, the Conference of the States Parties to the United Nations Convention against Corruption, in its resolution 8/12, noted with concern the role that corruption can play in crimes that have an impact on the environment and expressed concern that money-laundering may be used to disguise and/or conceal the sources of illegally generated proceeds, as well as to facilitate crimes that have an impact on the environment. In 2021, the Fourteenth United Nations Congress on Crime Prevention and Criminal Justice adopted the Kyoto Declaration on Advancing Crime Prevention, Criminal Justice and the Rule of Law: Towards the Achievement of the 2030 Agenda for Sustainable Development, in which it reiterated the United Nations commitment to adopt effective measures to prevent and combat crimes that affect the environment, including, among other crimes, illicit trafficking in hazardous and other wastes, by making the best possible use of relevant international instruments and by strengthening legislation, international cooperation, capacity building, criminal justice responses and law enforcement efforts aimed at, inter alia, dealing with transnational organized crime, corruption and money-laundering linked to such crimes, and illicit financial flows derived from such crimes, while acknowledging the need to deprive criminals of proceeds of crime.2 In the same year, the General Assembly, in its resolution 76/185, urged Member States to take these same measures. 

Vienna: UNODC, 2022. 133p.

By Stephen Merchant, Greg Wilson

In 2023 the Government commissioned a ‘first principles’ independent review of the Australian Criminal Intelligence Commission (ACIC) and associated Commonwealth law enforcement arrangements.

The review assessed the effectiveness of the ACIC’s legislative framework and found that comprehensive reform was needed to ensure ACIC could operate effectively as Australia’s national criminal intelligence agency. The review recommended ACIC shift away from its existing law enforcement and investigative functions towards providing unique intelligence on serious and organised crime to Commonwealth, state and territory law enforcement agencies.

The independent review’s recommendations set out a blueprint to transform the ACIC in response to the significant and ongoing threat of serious and organised crime. The Government has agreed or agreed in-principle with 27 of the 29 recommendations - as set out in the government response.

Key recommendations

• Undertake robust legislative reforms to address significant deficiencies in the existing legislative frameworks and ensure the ACIC has appropriate powers for the collection of intelligence.

• Incorporate appropriate oversight and safeguards for the ACIC, including in relation to its use of coercive powers.

• Reinvigorate national governance and coordination arrangements for responding to serious and organised crime.

• Reinforce the independence of the Australian Institute of Criminology.

BARTON, ACT : Attorney-General's Department (Australia), 2024. 68p.

By: Carlton W. Reeves, Luis Felipe Restrepo, Laura E. Mate, Claire Murray, Claria Horn Boom, John Gleeson, Candice C. Wong, Patricia K. Cushwa, and Scott A.C. Meisler

The use of cyber technologies, such as cryptocurrency and the dark web, provides new and evolving means to commit crimes and avoid detection. These technologies are used to commit a variety of federal offenses. The dark web is sometimes used to create, hide, or access websites containing child pornography. Illegal drugs and firearms are sometimes sold through dark websites. Cryptocurrency is sometimes used to facilitate these crimes. [...] Regardless of the type of crime involved, the relative anonymity these technologies provide to their users creates challenges for the investigation and prosecution of the crimes committed with them. The use of cyber technology to commit crimes transcends national borders. As Interpol has found, this causes investigative and legal challenges that can be difficult to overcome. United States government agencies, such as the Federal Bureau of Investigation and the Financial Crimes Enforcement Network, have reported on the increasing threats from these technologies and estimated yearly losses in the billions from the crimes committed with these technologies. There has been little analysis on the individuals sentenced for a federal offense who use these technologies for illegal purposes, the offenses they committed, and trends in these areas over time. In developing this report, the United States Sentencing Commission ('the Commission') collected information on individuals sentenced for offenses using cryptocurrency, the dark web, and hacking for fiscal years 2014 through 2021."

United States Sentencing Commission Sep. 2024

By The United Nations Entity for Gender Equality and the Empowerment of Women; Alicia Deus and Diana Gonzale

The Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women was adopted in Belém do Pará, Brazil by all the countries in Latin America and the Caribbean in 1994, formalizing the definition of violence against women as a violation of their human rights.

The Belém do Pará Convention establishes for the first time the development of mechanisms to protect and defend the rights of women, in the fight to eliminate violence against their physical, sexual and psychological integrity, both in the public and in the private spheres.

The Belém do Pará Convention asks the States Parties to adopt legislative measures of a criminal nature (among others) that “are necessary to prevent, punish and eradicate violence against women” (Article 7.c of the Convention) .

Recommendation No. 35 on gender based violence by the Committee for the Elimination of All Forms of Discrimination against Women (CEDAW) states that: “Women’s right to a life free from gender-based violence is indivisible from and interdependent with other human rights, including the right to life, health, liberty and security of the person, the right to equality and equal protection within the family, freedom from torture, cruel, inhumane or degrading treatment, freedom of expression, movement, participation, assembly and association.”

eminists, surviving victims and academics in Latin America and the Caribbean managed to conceptualize as an offense of femicide/feminicide, developing a great regional debate, documenting and generating evidence in each country and comparing the phenomenon. It is from their great efforts that the typification of feminicide/femicide is achieved and it has been justified based on the standards of international human rights law.

In the framework of the CSW57 in 2013, in the agreed conclusions it was possible to incorporate the concept of femicide as a criminal offense expressing “concern for the violent murders of women and girls for reasons of gender, while recognizing the efforts made to face this form of violence in different regions, particularly in countries where the concept of femicide has been incorporated into national legislation.“

A first tool developed by the Office of the High Commissioner for Human Rights and UN Women in the Latin American and Caribbean region was the Latin American Model Protocol for the investigation of gender-related killings of women (femicide/feminicide) in the framework of the UN Secretary General’s Campaign UNITE to end violence against women.

On this occasion, both MESECVI and UN Women intend to provide the region with a model law on femicide/feminicide to address the most serious women´s human rights violation. To do so, we will first analyze the existing legislation, provoking debate and improvement in cases where it is required.

Piso 3Ciudad del SaberClayton, PANAMA, UN Women, 2018. 77p.

By William Adams, Colleen Owens, and Kevonne Small

Each year, as many as 300,000 children become victims of commercial sexual exploitation in the United States. Such victimization can have devastating effects on a child’s physical and mental health and well-being. In an effort to stop the commercial sexual exploitation of children (CSEC), Congress enacted the Victims of Trafficking and Violence Prevention Act (TVPA) in 2000. As the seminal legislation in America’s efforts to end CSEC, the Act criminalizes human trafficking on a federal level. This bulletin describes the results of a study funded by OJJDP to examine TVPA’s impact on the prosecution of CSEC cases. The authors draw on CSEC cases processed in federal courts between 1998 and 2005 to take a look at how current laws addressing CSEC are enforced, indicate key features of successful CSEC prosecutions, and describe how legislation has affected sentences imposed on CSEC perpetrators, as well as legislation’s effects on the provision of services to victims. The bulletin concludes with a discussion of how the juvenile justice community and policymakers could improve the prosecution of CSEC crimes.

Washington, DC: Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, 2010. 12p.