• E4J University Module Series: Wildlife Crime

• Module 3: Criminal Justice Responses to Wildlife Trafficking

• Introduction and learning outcomes

• Key issues

  • Criminal justice actors and agencies
  • Criminalization of wildlife trafficking
  • Challenges for law enforcement
  • Investigation measures and detection methods
  • DNA
  • Prosecution and judiciary
  • References

• Exercises

• Possible class structure

• Core reading

• Advanced reading

• Student assessment

• Additional teaching tools

 

Published in September 2019 

Regional Perspective: Eastern and Southern Africa - added in April 2020

 

 

   This module is a resource for lecturers   

 

Challenges for Law Enforcement

 

The effective enforcement of wildlife and forest offences faces a myriad of challenges and obstacles.

Combating wildlife trafficking is not considered to be a priority in many countries (Bennett, 2011; DLA Piper, 2014; Nurse, 2015; Nurse, 2013; UNODC, 2012; Wyatt, 2013; Wellsmith, 2011; WWF, 2015). Policymakers, police, prosecutors, and the judiciary often do not consider wildlife- and forest-related offences as serious crimes warranting special consideration and prioritization (Sundari Akella & Allan, 2012; Wellsmith, 2011). This issue is not limited to developing countries but has also been reported in countries such as Norway (Runhovde, 2016) and the United Kingdom (INTERPOL & UNEP, 2016). While there are some signs that the 'status' of wildlife trafficking is rising in some countries (INTERPOL & UNEP, 2016), many countries still pay minimal attention to this crime type.

In many jurisdictions, laws and regulations pertaining to wildlife trafficking and to other aspects of the wildlife and forest sector remain poorly developed and frequently suffer from significant gaps. Elements of criminal offences are sometimes not clearly articulated and defined. This often hinders effective investigation and prosecution. In some jurisdictions, relevant offences, if they do exist, are poorly drafted, leaving ambiguities and uncertainties that can obstruct prosecutions and that can be exploited by defence counsel (UNODC, 2012; Biegus & Bueger, 2017; Nurse, 2015). Where state officials are involved in wildlife trafficking, diplomatic immunity can hinder their prosecution and conviction. Furthermore, in some jurisdictions, the authorities and officers in charge to enforce wildlife trafficking offences lack the necessary enforcement powers.

Enforcement of offences relating to wildlife trafficking is often hampered by a lack of proper resourcing and training (Bennett, 2011; Nurse, 2015; see also, Sundari Akella & Allan, 2012). In many countries, this is a problem relating to budgeting rather than a lack of resources. General law enforcement authorities often have little experience and competence in dealing with wildlife trafficking (Runhovde, 2016). Specialized agencies are often under-staffed, poorly trained, and under-funded. Furthermore, poor prosecutorial and judicial practices hinder a proper response to wildlife trafficking (UNODC, 2012). This often leads to environments in which poachers, traffickers and others involved in wildlife trafficking can operate with relative impunity (Biegus & Bueger, 2017). A lack of integrity of involved authorities and officials, which enables corruption, further exacerbates this problem.

While national coordination and international cooperation are crucial in combating wildlife trafficking, individual officials and some enforcement agencies are unable or unwilling to work together with other agencies, share relevant information, use available resources and know-how, or cooperate across borders (Sundary Akella & Allan, 2012; see also EIA, 2016).

 

Next: Investigation measures and detection methods

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