The global war on the illicit drug trafficking and organised crime : grabbing the raging bull by the horns, the legs or the tail?

Abstract

The drug trafficking industry, spearheaded by organised crime, is an ongoing global challenge. Its magnitude and adaptability is acknowledged in various international reports and the existing international instruments are a testament of the situation which indeed merits international concern. The lucrative expectations involved in the trade breeds corruption have also been linked to the financing of international terrorism and arms trafficking. The ongoing ‘war on drugs’ is increasingly being questioned as a result of negative side-effects stemming from the militarisation of law enforcement. Alternative avenues in domestic law and policy need to be considered with the aim to focusing cases drug abuse and drug trafficking separately. Competing with the black market is an option which has been taken up by some jurisdictions which, however, presents potential risks. The challenges faced by source, transit and recipient countries are different and therefore legal policies can vary from one scenario to another. The role of the International Criminal Court should also be considered in cases of transnational drug trafficking operating within areas of absence of law or institutional fragility, particularly in settings of armed conflict and post-conflict.