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Wildlife Crimes:
Causative Factors, Volume, Impact
and Measures for Control
Narayan Prasad Sharma*
Abstract
While throughout earth's history, plants and animals have naturally become extinct,
the contribution of illegal capture and killing to declines in population of threatened
wildlife species has increased exponentially in the last decade. Currently, the extinction
rate is estimated to be as high as 10,000 times higher than the natural rate, equivalent
to humans causing the unnatural extinction of 200 species each day. Against this
background, the author in this article attempts to shed light on the nature of wildlife
crimes, history of wildlife conservation, types of wildlife criminals, motivating factors,
magnitude, impact, human cost and modus operandi of wildlife crimes, trends and
prime destinations of wildlife trade, international efforts on curbing illegal wildlife
trade as well as measures for combating wildlife offences. Due to limitation of space,
the status and impactof wildlife crimes in Nepal, in particular, could not be dealt within
the current treatise. The writer hopes that the article may work to provide a conceptual
and working knowledge on the various issues associated with illegal wildlife trade
and act as a supporting material in relevant policy framing and revision. Further, the
treatise may offer a fair understanding on the causative factors and scathing effects
of wildlife crimes upon the ecology, environment, economy, law and order of civilized
nations and how wildlife offences have been fuelling regional conflicts as well as
underworld, organized crimes thereby promoting international instability.
1. Nature of Wildlife Crimes

Wildlife crimes are generally considered to be a subset of environmental crime. A
common, albeit very general, definition ofwildlife crime states that it is any violation
of a criminal law expressly designed to protect wildlife'. Wildlife crimes cover
offences that are committed against flora and fauna, both native and non-
native species, which includes the habitats that they use and reside 2 . One of
the most common wildlife crimes is poaching, which is generally defined as taking
Section Officer, Office of the Attorney General, Nepal.

K. Blevins &T Edwards (2009), Wildlife Crime. In J. Miller (Ed.),21"Century criminology.A reference handbook,Thousand
Oaks: Sage Publications, p.557.
See http://www.warwickshire.police.uk (as of Jan.2, 2015).
136 NJA LAW Journal 2015
a wild resource out of season or through an illegal means. The laws usually cover
animals (including mammals, reptiles, birds, amphibians, fish, and even insects), as
well as certain plants. Although poaching often results in the death of an animal,
it also encompasses illegal live trapping of animals that are later sold or traded
for profit. Consequently, poaching is not simply hunting out of season or with the
wrong type of weapon; it can also be the killing or trapping of endangered, rare,
or protected species. Wildlife crimes also include activities that affect wildlife more
indirectly, such as pollution of waterways that results in damage to fish or other
wildlife, or the destruction of protected wildlife habitats'.
Illegal wildlife trade has exploded to meet increasing demand for elephant ivory,
rhino horns, and tiger products, particularly in Asia4 .Controlled by dangerous crime
syndicates, wildlife is trafficked much like drugs or weapons. Wildlife criminals
often operate with impunity, making the trade a low-risk/high-profit business. In
more than 50 years of conservation, we have never seen wildlife crime on such a
scale. Wildlife crime is now the most urgent threat to 3 of the world's best loved
species-elephants, rhinos and tigers'.
Wildlife trade is by no means always a problem and most wildlife trade is legal.
However, it has the potential to be very damaging. Populations of species on earth
declined by an average 40% between 1970 and 2000 - and the second-biggest
direct threat to species survival, after habitat destruction, is wildlife trade6
.
Like gambling, prostitution, and drug use, wildlife crimes are sometimes considered
to be "victimless crimes" because a readily identifiable injured party or victim, at
least in the form of a human being, is not present or filing a complaint7 . However,
it has been argued that in the case of wildlife crime, like other victimless crime,
society-at large is the true victim because these criminal acts lead to significant
harm to, if not the complete eradication of, entire species of animals and plants,
thereby affecting hunters, anglers, nature photographers, and anyone else who
enjoys wildlife in some way. Indeed, some would say that wildlife crimes, taken to
the extreme, have the cumulative effect of seriously damaging entire ecosystems.
2. History of Wildlife Conservation

The first laws regulating hunting and fishing were implemented in England in
the 1600s in an effort to protect the wildlife and property of landowner and the
aristocracy. Such laws allowed the aristocrats to preserve game animals and fish
on their property by prohibiting others from hunting and fishing there without
3 Supra note 2.
See http://www.worldwildlife.org/pages/stop-wildlife-crime (as of Jan. 2, 2015).
Id.
See http://wwf.panda.org/about-our-earth/species/problems/illegal_trade (as of Jan. 2, 2015).
Supra note 2.
Wildlife Crimes: Causative Factors, Volume... 137
permission'. In Britain game laws developed out of the forest laws, which in the
time of the Norman kings were very oppressive. Under William the Conqueror, it
was as great a crime to kill one of the king's deer as to kill one of his subjects9 . A
certain rank and standing, or the possession of a certain amount of property, were
for a long time qualifications indispensably necessary to confer upon anyone the
right of pursuing and killing game.
The Game Act of 1831 protected game birds by establishing close seasons
when they could not be legally taken"o. The act made it lawful to take game
only with the provision of a game license and provided for the appointment
ofgamekeepersaroundthecountry.The purposeofthe lawwasto balancetheneeds
for preservation and harvest and to manage both environment and populations of
fish and game. The Game Act, 1831 still protects game birds in England and Wales.
The late 1 9th century saw the passage of the first pieces of wildlife conservation
legislation and the establishment of the first nature conservation societies. The Sea
Birds Preservation Act of 1869 was passed in Britain as the first nature protection law in
the world after extensive lobbying from the Association forthe Protection of Seabirds".
The National Trust was formed in 1895 with the manifesto to "..promote the
permanent preservation, for the benefit of the nation, of lands, to preserve (so far
practicable) their natural aspect." On 1 May 1899, the Trust purchased two acres
of Wicken Fen with a donation from the amateur naturalist Charles Rothschild,
establishing the first nature reserve in Britain. Rothschild was a pioneer of wildlife
conservation in Britain, and went on to establish many other nature reserves, such
as one at Woodwalton Fen, near Huntingdon, in 1910. Concerned about the loss
of wildlife habitats, in 1912, he set up the Society for the Promotion of Nature
Reserves, the forerunner of The Wildlife Trusts partnership1 2
.
Early game laws were also enacted in the US. In 1839, Rhode Island closed the hunting
season for white-tailed deer from May to November 3 . Other regulations during this
time focused primarily on restricting hunting. At this time, lawmakers did not consider
population sizes or the need for preservation or restoration of wildlife habitats.
While game wardens were appointed in some American colonies in the 1700s,
fishing and game hunting were not well regulated in the United States until the
late 1 800s, when state legislatures began to create fish and wildlife protection and
Palmer, C. E., & Bryant, C. D, Keepers of the king's deer: Game wardens and the enforcement of fish and wildlife
law. (1985).
See http://en.wikipedia.orq/wiki/Wildlife-management (as oflan. 2, 2015).
conservation agenciesl4 . Prior to the late 19th century, lawmakers in the United
States did not deem it a priority to place controls over hunting and fishing because
wildlife resources were plentiful across sparsely populated land. However, as the
human population increased and more land was developed or farmed, wildlife
resources began to decline. In addition, conflict developed as individuals would
often hunt or fish on property that was owned by other persons.
Movements to preserve wildlife in the United States arose in the early 1900s.
During this time, federal and state parks, along with other wildlife preserves, were
created to manage fish and game populations, some of which were in danger of
becoming extinct." Similarly, state regulations and restrictions were created to
regulate hunting and fishing. While the regulations varied somewhat from state
to state, one commonality is that states began to require individuals to purchase
a license to hunt or fish. States also set mandates concerning the types, size, and
number of fish and game animals that may be taken. In addition, they began to
designate hunting seasons, or particular times of year when each type of animal
could be legally hunted.16
3. Types of Wildlife Criminals

Individuals are motivated to perpetrate wildlife crimes for a wide range of reasons.
Several different typologies have been established to profile and describe the
motivations that influence people to commit wildlife crimes. Overall, there are four
broad categories that can be used to portray the various types of individuals who
commit these crimes.
3.1 The "Back Door" Wildlife Criminal

The term back door offender refers to individuals who illegally hunt on their own
property. They do not purchase a hunting license, and they often take animals out
of season and with techniques that are not normally permitted. Even if they are
aware that their behavior is illegal, they rationalize the act by claiming that it is
acceptable for them to kill animals on their own property because they"own" the
animals. Back door offenders may use their kills for consumption for themselves or
their families, sell the meat to others for profit, or simply mount the animal on the
wall as a trophy". This type of offender can be extremely difficult to detect since
the person does not hunt beyond his or her own property.
1 Sherblom, J. S., Keranen, L., & Withers, L. A, Tradition, tension, and transformation: A structurationanalysis of game
warden service in transition, Journal of Applied Communication Research, 30, p. 143. (2002).
NATIONAL PARK SERVICE, A brief history of the National Park Service. Washington, DC. U.S. Department of the Interior
(1940).
N Blair, The history of wildlife management in Wyoming. Cheyenne: Wyoming Game and Fish Department (1985).
S L. Eliason, WILDLIFE CRIME: CONSERVATION OFFICERS'PERCEPTIONS OF ELUSIVE POACHERS. DEVIANT
5.
BEHAVIOR, p. 111-128 (2008).
3.2 The OpportunistWildlife Criminal

The opportunist offender does not commit wildlife crimes on a regular basis, but
will do so if the opportunity is available". For example, an opportunist may be
legally hunting deer in a particular area when an elk approaches.The hunter may
kill the elk simply because the opportunity presented itself. Unless the hunter
had a permit to kill elk during that particular season, he or she has committed
the crimes of hunting out of season and hunting without a license. Another
common crime committed by opportunist offenders is taking more than the
legal limit of game.
3.3 The Habitual or Chronic Wildlife Offender

This category includes those individuals who engage in wildlife crime on a regular
basis. They may participate in a broad array of wildlife crimes, or they might focus
on one particular type (e.g., hunting endangered species or other animals for
which there is no designated hunting season)19. While some animals taken by
chronic wildlife offenders are used for personal consumption, these offenders are
more likely than back door or opportunist criminals to be motivated by profit.Their
bounties are often sold to others, domestically or internationally, for consumption
or for use in making goods containing animal pelts.
3.4 Trophy Poachers

Trophy poachers differ from the other three types of wildlife offenders in that their
only motivation is to obtain animals to be used as trophies. Pictures of the"biggest
and best" hunting and fishing trophies are often published in magazines, shown
on Internet Web sites, and shared among sportspersons. These pictures often
lead to competitions among hunters to establish who can obtain the best trophy
of a particular animal. Since trophy animals are often extremely difficult to take
legally during hunting seasons, trophy poachers frequently hunt them through
illegal means (e.g., hunting out of season, spotlighting while hunting at night,
trespassing, and using illegal weapons)20 . Interviews with trophy poachers have
revealed that most will keep the illegally obtained trophies for themselves, while a
few will sell them to other hunters who will claim them as their own kills.
4. Motivating Factors for Wildlife Crimes

Analyzing the trail and the use of wildlife resources can be helpful in identifying
the factors that drive illegal activities related to wildlife and forests. One
main differentiation regarding the use of wildlife and forest products can be
made between subsistence use and commercial poaching. The motives that
drive traditional hunting for subsistence and local consumption are different
from those that drive large-scale commercial hunting to serve bigger, often
international, markets2 1
.
4.1 Subsistence
In many cases, the use of wildlife and forest products must be recognized as a
means for subsistence for communities and groups that depend on wildlife and
forests for their livelihoods and food security. A household economic survey
conducted in communal areas of Zimbabwe identified approximately 100
different subsistence uses of forest resources, which included primarily firewood
use, the consumption of wildlife, livestock grazing and cash income from the
sale of non-timber products22 . With regard to timber and forest products, it is
often the chronic imbalance between a high demand for timber, especially
fuel wood, and its low (legal) supply that fosters illegal logging. In addition,
a lack of affordable alternative sources of energy is forcing the rural poor in
many countries to become involved in illegal activities. Interventions that
address the improvement of economic conditions in rural areas and economic
development in general could help to decrease the current massive illegal fuel
wood extraction.
4.2 Income Generation

Gains made through participation in illegal wildlife and forest activities vary. In
some cases they serve as a regular source of income, and in other cases they
provide occasional sources of income or safety nets in times of hardship. Illegal
activities in wildlife and forest activities can also be lucrative and generate large
profits23. Hence, it is crucial to analyze the motivation and reason for the activity
under review.
4.3 Commercial Use, Trade and Markets

The hunting, logging and trading of some protected species is stringently restricted
and in some cases fully prohibited. Other timber and non-timber products,
however, are to a certain extent traded legally on local, national and international
markets. In these cases, it is not always easy to identify clearly the line between
legally and illegally supplied and traded products. An imbalance between the
limited legal supply and the high demand for commercial products such as timber,
combined with the high cost of imported products, increases illegal markets and
therefore the attraction to engage in illegal logging24
.
2 Wildlifeand ForestCrimeAnalyticalToolkit, Vienna: United Nations Office on Drugs and Crime, 149 (2012).
2 SARAJ. SCHERR, ANDY WHITE AND DAVID KAIMOWITZ, A NEW AGENDA FOR FOREST CONSERVATION AND
POVERTY REDUCTION: MAKING FOREST MARKETS WORK FOR LOW-INCOME PRODUCERS 6, (Washington
DC, Forest Trends) (2003).
23 TRAFFIC, "What's drivingthe wildlife trade?', pp. ix-x.
2 Supra note 22, p. 151.
4.4 Enjoyment, Leisure and Tourism

As previously mentioned, different values, views and interests can be placed on the
same natural resources. Besides, the users on the supply side, such as local subsistence
users, commercial hunters and forest concessionaires, a diverse group of users exists
on the demand side. These include consumptive end-users in markets, restaurants
and non-consumptive users, such as tourists and trophy hunters. Some resources can
be adversely affected by the impacts of recreational use and tourism (for example,
through the collection of corals, the disturbance of nesting sites and trophy hunting).
4.5 Culture and Tradition

Cultural uses of wildlife and forest products include medicinal and ceremonial uses.
Such consumption can also be based on certain beliefs in the product's effect on
one's power and strength. In the case of bush meat, the trade is mainly driven by
cultural proclivity25. In Nepal, it is believed that mats made from deer hides are sacred
for binding religious scriptures such as Swasthani, Ramayan and Mahabharat.
4.6 Herding and Farming

The killing of endangered and protected species, such as tigers and snow leopards,
can be motivated by the lucrative revenue gained through the selling of the animal's
body parts. Additionally, there are other factors and human behaviours that threaten
the existence of protected species. For example, overgrazing by domestic livestock
can lead to a reduction or loss of the predator's prey source, and as a consequence
the predators are forced to attack domestic livestock as prey. As a result, the predator
puts itself at risk of being killed-in retaliation or prevention-by the herders as the
loss of livestock poses a serious threat to the subsistence and income of herding
communities26 . In India and Nepal also, we frequently hear of leopards sneaking into
city dwellings or bordering villages and preying on humans, which can be attributed
to the loss of green cover or vegetation, fuelled by development activities.
4.7 Huntingand Non-selective Killing

Non-selective killing (for example, by using traps or poisoned bait) is a hunting
technique that can lead to the killing of species other than the one targeted. Such
accidental killings can affect endangered species as is the case for the protected
snow leopard27
.
5. Magnitude of Wildlife Crimes

Now, no longer a problem that is localized to parts of the world where many lack
access to basic resources, illegal trade in wildlife has grown to become a massive
2 Id, p. 1 52
.
2e STEFANIE THEILE, FADING FOOTPRINTS: THE KILLING AND TRADE OF SNOW LEOPARDS, 19-21 (Cambridge
United Kingdom: TRAFFIC International 2003)
global industry. Various organizations and reports estimate that the trade is worth
at least US$19 billion per year.28
A 2011 report from Global Financial Integrity, analyzed the scale, flow, profit
distribution, and impact of the main types of illicit trade. 29 According to that
report, illegal wildlife trade, including timber and fisheries, is the fourth largest
global illegal activity after narcotics, counterfeiting, and human trafficking and
ahead of oil, art, gold, human organs, small arms, and diamonds."o
The number of wild animals taken illegally and exchanged through the worldwide
black market in wild animals and their parts is incredibly difficult to assess.
From 2005 to 2009, CITES recorded an annual average legal trade in species of
international concern of more than 317,000 live birds, just over 2 million live
reptiles, 2.5 million crocodilian skins, 1.5 million lizard skins, 2.1 million snake skins,
73 tons of caviar, 1.1 million coral pieces, 1.1 million coral pieces, and nearly 20,000
hunting trophies. 1 Illegal trade is estimated to be around one-third of the legal
trade3 2, although for certain species and products, such as caviar, the value of the
illegal trade can be many times that of legal commerce."
Traffickers have a large variety of commodities to exploit depending on their

resources, motives, and location in the world, including big cat pelts, rhinoceros
horns, elephant ivory, bushmeat, pangolin scales, shahtoosh shawls, tortoise shells,
bear gall bladders, shark fins, and caviar. The supply chain from animal source
population to consumer is complex, feeding a demand that covers a broad range
of uses, such as culinary delicacies, traditional Asian medicines, pets, decorations
and trinkets, hunting trophies, clothing, leather products, jewelry, and traditional
crafts such as hankos (signature seals used mainly in Japan).3 4
The trade proliferates easily, thanks to a parallel legal trade in wildlife (estimated at
over US$300 billion per year) 5, the expansion of internet as a global marketplace,
confusing wildlifetrade laws, lackofenforcementand basic government structures,
and fast developing government markets.Wildlife crime also does not receive the
attention it merits from local, national and international law enforcement agencies
or political bodies. There are numerous incidents on record of massive shipments
2 WYLER, LIANA, AND PERVAZE A. SHEIKH, INTERNATIONAL ILLEGAL TRADE IN WILDLIFE: THREATS AND U.S.
POLICY. 5 (Washington, D.C.: Congressional Research Service, 2010).
2 HAKEN, JEREMY, TRANSNATIONAL CRIME IN THE DEVELOPING WORLD, (Washington, D.C.: Global Financial
Security 2011),
3o WORLDWILDLIFE FUND FIGHTING ILLICITWILDLIFETRAFFICKING: A CONSULTATIONWITH GOVERNMENTS.
12 (Washington, D.C.: World Wildlife Fund, 2012).
31 TRAFFIC The Wildlife Trade Monitoring Network (2013). See www.traffic.org/trade (as of Jan. 2, 2015).
32 Supra note 30.
33 Ahlenius, Hugo (2008), The economy oflegal wildlife trade: UNEP-GRID.
34 Criminal Nature,THE GLOBALSECURITYIMPLICATIONS OFTHE ILLEGALWILDLIFETRADE, MASSACHUSETTS,
8 (USA: International Fund for Animal Welfare, 2013).
of illegal wildlife transported across international borders, and most experts agree that
this high-value, high-volume illegal trade requires the networks and skills of major
organized crime to succeed. Illegal ivory trade activity worldwide has more than
doubled since 2007 and is now over three times larger than it was in 1998, its highest
level in two decades, with ivory fetching up to US$1,000 a pound (US$2,205 a kilogram)
in the streets of Beijing". Poaching is also bringing rhinoceros to the edge of extinction,
with the price of rhino horn in the black market currently at around US$30,000 per
pound (US$66,139 per kilogram)3 7-more than the value of gold and platinum. Illegal
trade in wildlife also poses an immediate risk to people and communities in the places
where wildlife is found. At least 1,000 rangers were killed in 35 different countries
over the last decade"8 .At the global level, illegal wildlife trade undermines sustainable
development through its effects on security and the rule of law.
The worst year on record for elephant ivory seizures was 2011, when almost 40
tons of smuggled ivory were seized. Law enforcement officials say organized crime
has an increasingly active grip on the ivory underworld because only a well-oiled
criminal machine could move hundreds of pounds of tusks around the globe with
relative impunity. In the last decade, 11,000 forest elephants have been killed in
one park alone (Gabon's Minkebe National Park), with the total population of forest
elephants down 62 percent in the past 10 years3 9 . This kill rate exceeds the birth
rate, a trend that, if not reversed, could lead to extinction of the African elephant
from some areas in the next few years.
Elephant massacres in Chad, Cameroon, and the Central African Republic are the latest
gruesome incidents of elephant poaching to have taken place in 2013. In 2012, a record
668 rhinos were poached in South Africa, up by almost 50 percent from 2011 figures4 0
In 2013, the toll continued to rise, with 201 rhinos killed in Kruger National Park alone4 1 .
.
A subspecies of the black rhino was declared extinct in the wild in West Africa in
2011, and that year Vietnam lost its last Javan rhino, which was killed by poachers 42
.
In April 2013, wildlife authorities in Mozambique's Limpopo National Park reported

that the country's last 15 rhinos had been wiped out by poachers working with the
game rangers responsible for protecting them4 3 . In India, rhino horn is believed to be
bartered for arms by militant groups working with poaching syndicates'.
The current value of elephant ivory and rhino horn has reached such staggering levels
that professional poachers are elbowing more localized and traditional hunters out of
36 Gettleman, Jeffrey (2012), Elephants dying in epic frenzy as ivory fuels wars and profits, The New York Times.
37 Fox, Blood ivory: Is $7Obn-a-yeartrade fuelling civil conflict in Africa? The East African, Jan. 26. 2013,
3s Bottollier-Depois, Amelie Ruthless crime gangs driving global wildlife trade, PHYS.ORG, Mar. 9, (2013),
31 DabanyJean Rovys, "Poacherskill 11,000 Gabon elephants in under a decade;REUTERS, Feb. 6,2013.
o Njeru, Gitonga Kenya trials text message alerts in bid to curb poaching, THE GUARDIAN, Jan. 11, 2013,
INTERNATIONAL CONSERVATION CAUCUS FOUNDATION;'Rhino poaching toll continues to grow; May 2,2013.
4 U.S. Senate Committee on Foreign Relations (2012), Ivory and Insecurity The Global Implications of Poaching in Africa,
112t Cong., 2n sess., 24 May 2012, Statement ofJohn Scanlon, secretary general ofCITES.
3 Laing, Aislinn, Lost rhinos in Mozambique killed bypoachers, THE TELEGRAPH, Apr. 30, 2013.
* Biswas, Ranjita, Poachers close in on lost rhino retreat, Inter-Press Service, Apr. 21, 2013.
the poaching business.These days, the illicit ivory and horn markets are fed by some of
the world's most vicious and heavily armed militant and criminal groups4 5 . Illegal ivory
trade activity worldwide has more than doubled since 2007 and is now over three times
larger than it was in 1998, its highest level in two decades. A vast majority of illegal
ivory-experts say as much as 70%, is flowing to China46 where a booming middle class
and a seemingly insatiable appetite for ivory products result in a demand for elephant
ivory with no sign of abating. Elephant ivory, a commonly trafficked contraband, can
sell for little in the source country and can fetch high prices in destination countries.
Prices depend greatly on the source country and the product. Ivory prices and demand
have skyrocketed, making it a growing, lucrative market. Globally, illegal ivory trade
activity in 2014 is more than double what it was in 200747. China is the largest importer
of illegal ivory; the United States is second4 8
Asian demand is also bringing rhinoceros to the edge of extinction, driving up

the price of rhino horn in the black market. Across Africa, barely 26,000 rhinos
remain: 21,150 of the white rhino species, mostly in South Africa, and 740 of
the critically endangered eastern black rhino species, mostly in Kenya. The IUCN
declared the western black rhino extinct in 2011 and recorded the northern white
rhino, a subspecies in central Africa, as being on the brink of extinction, with only
7 individuals surviving49 .The number of rhinos poached in South Africa has soared
in the past 5 years, from 13 killed in 2007 to more than 630 in 2012. As reported
in the New York Times, the country is using an increased number of rangers, the
national army and even drones to stop the slaughter-but is still losing".
6. Modus Operandi of Wildlife Crimes
Illegal wildlife trade is believed to be on par with drug trafficking and the arms
trade, both in terms of revenue produced for criminal enterprises and in the threat
to global security. Much of this is in clandestine undertakings interwoven into a
criminal industry that generates enormous levels of undocumented, untraceable
revenue, the full scale of which may never be known".
The perpetrators are also equally anonymous in that they conduct their nefarious
activities in the shadows, behind locked doors, and often in conjunction with
other dangerous criminal elements. Only recently have law enforcement officials
and security analysts begun to understand the linkages among criminals involved
in global illegal wildlife trade and identified threats to global stability and security.
Supra note 35, p.9.

6 Hancock, Tom, Charging China demand drives deadly ivory trade, PHYS.ORG, Feb. 26, 2013.
See http://en.wikipedia.org/wiki/Wildlife-smuggling (as of lan.2, 2015).
4 Id.
Boettcher, Daniel, Western black rhino declared extinct, BBC NEWS, Nov. 9, 2011.
o Supra note 35, p. 10.
Id, p. 8.
Warlords or militant groups that exist to achieve ideological or political goals,

often through violence, and that have been connected to specific instances
of violent criminal activity have also been connected to instances of massive
poaching. Somalia and Sudan based warlords and militias are reportedly hunting
down elephants in Central Africa using the tusks to buy weapons and sustain
their activities5 2 . Experts believe that illegal wildlife trade has become a source
of revenue for identified extremist and even terrorist groups. Ivory, like the blood
diamonds of other African conflicts, is thought to be funding many rebel groups
and militias in Africa, including Uganda's Lord's Resistance Army, Somalia's al-
Shabaab and Sudan's Janjaweed".
Government forces from Congo, Uganda, and newly independent South Sudan
have also been implicated in poaching and illegal wildlife trade. Elephant
poachers in many parts of Africa use weapons that can be acquired only from
military sources; these military-style weapons mark an improvement in the range,
accuracy, and firepower available to the poaching gangs and their capacity to kill a
large number of animals and the rangers tasked with protecting them54
Major wildlifespecies and their traded parts--

* Bears - Bile
* Birds - Live
* Butterflies- Live
* Chiru- Wool for Shahtoosh shawls
* Elephants- Ivory
* Leopards - Skin, claws, whiskers and bones
* Mongooses- Hair
* Musk deer - Musk pods
* Otters - Skin
* Rhinos - Horn and hooves
* Snakes- Skin
* Tigers - Skin and bones
* Turtles - Live, Shells
5 Sommerville, Keith, Theivorywars:HowpoachinginCentralAfricoafuels the LRAandJanjaweed, AFRICAN ARGUMENTS

WEBLOG,Jan. 14,2013.
3 Supra note 35, p. 5
.
5 Gooch, Frederick, Shooton Sight. Bloomington, IN: XLIBRIS CORPORATION, 2011.

1 See www.teriuniversity.ac.in/.../Wildlife../IllegalWildlifeTrade (as of Jan. 3, 2015).
Much of the global illegal trade in wildlife is run by organized syndicates that carry
out detailed planning, have significant financial support, understand and use new
information technology, and are often well armed16 . Organized crime groups,
especially those with smuggling capabilities, find wildlife trafficking attractive
because of its low risks, high profits and weak penalties. Wildlife traffickers use
smuggling routes similar to those of drug traffickers, and the crimes often become
entangled, with smugglers branching out into animal trafficking in order to mask
their drug trafficking, making enforcement even more complicated." As organized
crime, militias and terrorist entities have become more involved in the illegal
trade of wildlife, the use of sophisticated money laundering schemes to move
their profits and protect their organizations from detection and prosecution has
increased as well.
Wildlife crime syndicates constantly adapt their tactics to avoid detection and
prosecution, making national borders increasingly irrelevant. The legal trade
in wildlife is itself also used as a vehicle for the illicit trade-transporting illegal
species instead of legal ones or mixed in with legal shipments and using falsified
documents, fake species identification permits, or false numbers". Compared to
other transnational criminal activities, the low risk of detection, relatively small
penalties, and minimal consequences for perpetrating wildlife crime are attractive
incentives to participate in illegal trade in wildlife. In the case of ivory, very few
large-scale seizures actually result in successful follow-up law enforcement actions,
including investigations, arrests, convictions, and the imposition of penalties that
serve as deterrents59 . Wildlife trade is considered a low-risk enterprise for the
criminals involved, in large part because wildlife trafficking is treated as a low
priority by many law enforcement agencies.
7. Trend of Wildlife Trade and Consumption

7.1 Asia and Africa
The Chatuchak weekend market in Bangkok is a known center of illicit wildlife
trade, and the sale of lizards, primates, and other endangered species has been
widely documented.Trade routes connecting in Southeast Asia link Madagascar to
the United States (for the sale of turtles, lemurs, and other primates), Cambodia to
Japan (for the sale of slow lorises as pets), and the sale of many species to China 60
.
Despite international and local laws designed to crack down on the trade, live
animals and animal parts - often those of endangered or threatened species
-
are sold in open-air markets throughout Asia. The animals involved in the trade
6 Supra note 43.

5' Jeff Corwin,, Trafficking in tragedy. The toll of illegal wildlife trade, IIP DIGITAL, Nov. 30, 2012
Simon Elegant, "Eating disorder: China's appetite for exotic wildlife has spawned a thriving black market in Asia's
endangered species. Will pangolin be eaten into extinction?"TIME COM, Sep. 26, 2005.
Supra note 43.
eo See http://en.wikipedia.org/wiki/Wildlife-trade (as of Jan. 3, 2015).
end up as trophies, or in specialty restaurants. Some are used in traditional

Chinese medicine (TCM). Despite the name, elements of TCM are widely adopted
throughout East and Southeast Asia, among both Chinese and non-Chinese
communities.
Thetradealso includes demand forexotic pets,and consumption ofwildlifeformeat.

Large volumes of fresh water tortoises and turtles, snakes, pangolins and monitor
lizards are consumed as meat in Asia, including in specialty restaurants that feature
wildlife as gourmet dining6 1
.
Much of demand for rhinoceros horns, tiger bones, and other animal products
arises out of the practice of traditional Chinese medicine, which uses these
ingredients to treat fevers, gout, and other illnesses; maintain good health and
longevity; and enhance sexual potency. Traditional Chinese medicines are taken
by hundreds of millions of people. For example, some practitioners drink an
expensive liquid made from tiger bones to improve their circulation, treat arthritis,
and strengthen the body, in general. The sale of tiger bones and products made
from them is an example of the confusion that can exist on the topic. The sale of
bones was outlawed in China in 1993; however, a pilot program, established in
200562, allows the use of bones for captive-bred tigers.This can create confusion in
the minds of buyers as to whether the bones were legally obtained.
In many parts of Africa, the main demand for illegal wildlife comes from the
consumption of bushmeat. Wild animals are a preferred as a source of protein
and primates are considered a delicacy. It is believed that up to 40,000 monkeys
are killed and eventually consumed each year in Africa alone via smuggling"3
Many primates are killed by bushmeat hunters, who supply to markets all over .
Africa, Europe, and the United States.
7.2 South America

Although the volume of animals traded may be greater in Southeast Asia, animal
trading in Latin America is widespread as well.
In open air Amazon markets in Iquitos and Manaus, a variety of rainforest animals
are sold openly as meat, such as agoutis, peccaries, turtles, turtle eggs, walking
catfish, etc64 . In addition, many species are sold as pets. The keeping of parrots
and monkeys as pets by villagers along the Amazon is commonplace. But the sale
of these "companion" animals in open markets is rampant. Capturing the baby
tamarins, marmosets, spider monkeys, saki monkeys, etc., in order to sell them,
often requires shooting the mother primate out of a treetop with her clinging
Supra note 48.

child; the youngster may or may not survive the fall. With the human population
increasing, such practices have a serious impact on the future prospects for many
threatened species. The United States is a popular destination for Amazonian
rainforest animals6 .They are smuggled across borders the same way illegal drugs
are - in the trunks of cars, in suitcases, in crates disguised as something else. Exotic
mammals including three-toed sloths, sugar gliders, prairie dogs, hedgehogs, and
other animals are kept as pets. Tigers are a popular pet. An estimated 5,000 to
7,000 tigers (2013) are kept in the United States6 6
.
8. Prime Destinations for Illegal Wildlife Trade
By most accounts, China is the world's largest consumer of illegal wildlife products 7
.
From ivory to rhino horn, pangolin scales to bear bile, tiger bone to shark fin soup,
demand for wildlife and wildlife products in China is massive and growing. This
includes many wildlife products most directly tied to violent extremist or militant
groups and their organized poaching activities in Africa and other places. For example,
more than half of all large shipments of illegal ivory seized by authorities worldwide
are destined for China, and China has been identified as a key endpoint in the wildlife
trafficking chain by countless enforcement agencies and experts around the world for
many other species. In response, the Chinese government has significantly enhanced
enforcement activities, working with local and international NGOs and IGOs and other
stakeholders, including Chinese Web sites involved in wildlife trade.
The United States is one of the largest markets for wildlife and wildlife products
from all over the world. It is also a major consumer nation in the wildlife trade black
market and is considered by many to be the second-largest destination market for
illegally trafficked wildlife in the world". Fish and Wildlife Service (FWS) typically
seizes about US$10 million worth of illegal wildlife per year, an amount that
probably only scratches the surface of the wildlife contraband coming into the
country. The United States is a key end market for rare reptiles, such as crocodiles,
pythons, caimans, and sea turtles, as well as mammals such as elephants and
bears. The United States is also a prime market for ivory and ivory carvings, as well
as other art or handicraft items made from the parts and derivatives of protected
species. Sea turtle eggs and meat are frequently intercepted at some ports of entry
as are Asian medicinal made from various endangered wildlife, including tigers
and pangolins.
The European Union is widely considered to be the third largest destination for
illegal wildlife. In one year alone, EU enforcement authorities seized more than
7,000 shipments including over 3.5 million CITES-protected wildlife specimens6 9
.
Id.
66 Id.
67 Supra note 35, p.9.
" U.S. Department of State (2012), Remarks at the partnership meeting on wildlife trafficking.
6 Supra note 68.
The EU is used as both a market and a transit route for the illegal wildlife trade. For
example, according to Elephant Trade Information System (ETIS), Europe accounts
for around a third of all ivory seizures worldwide, with Belgium, France, Portugal, and
the United Kingdom acting as key transit routes. These countries, along with Italy,
the Netherlands, and Spain, are noted for their frequent, small-scale seizures of ivory.
Caviar, vicura wool, and reptiles are also among the commonly traded items, which
could be having a dramatic impact on wild populations of those species.
9. Impact of Wildlife Crimes

Conceptualizing the trade as an "enterprise crime" with wider social costs, illegal
wildlife trade undoubtedly casts the following hazardous effects:
9.1 Creates Damaging Impacts on Biodiversityand Ecosystems

Forest crime, which is the illegal logging and the international trade in illegally
logged timber, also has a significant human toll as it impedes sustainable
development in some of the poorest countries of the world. It costs governments
billions of dollars, promotes corruption, and funds armed conflict. The loss of
forests is responsible for up to 17% of all human-made greenhouse gas emissions,
50% more than that from ships, aviation and land transport combined7 o. Illegal
logging can also have huge financial implications for a country. According to
a report by Human Rights Watch, in Indonesia illegal logging and forest-sector
mismanagement resulted in losses to the Indonesian government of more than
US$7 billion between 2007 and 201171. Illegal logging creates social conflict with
indigenous and local populations and leads to violence, crime, corruption, human
exploitation and human rights abuses. It is estimated that some 1.6 billion people
worldwide depend on forests for their livelihood and 60 million peoples depend
on forests for their subsistence 7 2
.
According to a report by Global Witness in 2012, industrial logging companies and

officials are systematically abusing community logging permits in order to bypass
the Democratic Republic of Congo's (DRC) freeze on new logging concessions. DRC
is the second most forested country on earth and 40 million Congolese depend on
the forest for income, food, building materials or medicine . However, decades of
weak laws and poor government have allowed logging companies to plunder the
forests, with very few benefits reaching communities. Global Witness reports that
90% of logging revenues in the Democratic Republic of Congo (DRC) were lost to
tax avoidance and other illegal financial arrangements in 2012 74
See https:/wildleaks.orq/the-human-toll-of-wiIdlife-crime (as ofJan. 3, 2015).

In the United States, the importation of illegal wood products artificially lowers
prices of wood products by around $1 billion a year, threatening American jobs".
The Environmental Investigation Agency (EIA) estimated that up to 80% of the
hardwood harvested in the Russian far-east is logged illegally, and accused the
largest hardwood flooring retailer in the US, of heavily relying on Chinese suppliers
that allegedly sell mainly illegally logged Russian oak 6 . So it's often a problem of
illegal suppliers but also of uninformed Western customers.
Irrevocable biodiversity loss and species extinctions are the most widely
acknowledged impacts of wildlife crime". In Asia, deemed a"biodiversity hotspot"
in the world, scientists believe that 13% to 42% of Southeast Asian animal and
plant species will be wiped out this century, if current trends in illegal wildlife trade
continue". At least half of those losses are species endemic to Southeast Asia, and
thus would represent global extinctions. Further, beyond direct species extinction,
poaching to supply wildlife trade disturbs delicate ecosystems, often generating
cascade effects. Changes in species populations can lead to alterations in the
structure, composition and dynamics of ecosystems, including the loss of various
ecosystem services79 . For example, endangered pangolins (or scaly anteaters) are
insectivorous mammals that prey on pests and burrow in soil that result in land
cultivation. A single pangolin consumes as much as 70 million insects per year,
mainly ants and termites, significantly to the delicate balance of the ecosystems
that they inhabitso. Changes in ecosystem functioning can also advance the
invasion of alien species that compete with the natural species inhabiting an area.
9.2 Hinders Sustainable Development and Livelihood

Illegal wildlife trade hinders dependent communities from access to livelihood
and sustainable opportunities for economic growth. In marginalized
communities, biodiversity loss can precipitate the unravelling of fresh water
supply and food production. Moreover, if illegal wildlife trade depletes
a species to such an extent that sustainable legal trade in the species is no
longer possible, or ecotourism in the area collapses, severe economic losses
and reversals are likely to occur. A sharp decline in endemic species will also
hinder a country from utilizing its ability to profit from its natural resources.
Illegal wildlife trade generally flows through illicit importation channels, where
specimens are smuggled to avoid payment of importation fees and duties.
To illustrate, about 70% of the US$100 billion global timber trade industry
is illegally sourced. Illegally sourced timber is cheaper than legally sourced
vsid.
'6Id.
7 Anita Sundari Akella & Crawford Allan (2012), DismantlingWildlife Crime.
7s Vanda Felbab-Brown (201 1),TheDisappearingAct. TheIllicit Tradein Wildlife inAsia, Working Paper No. 6,
Brookings Institute.
7 See IUCN/IEEP, Biodiversity and wildlife trade, available at http://www.ieep.eu/assets/328/BiB_NOl4_0807.pdf (as of
Jan. 3, 2015).
soSee http://www.asianjudges.org/wp-content/uploads/2014/04/130308-Background-Paper.pdf (as of lan. 3, 2015).
products and reportedly undercuts world prices for legally sourced products
by 16%1.
Thus, the impact of the illegal timber trade is massive, causing global market losses
of more than US$10 billion per year and government revenue loss of about US$5
billion annually8 2 . In Asia, East and Southeast Asian countries trade US$2.3 billion
worth of illegally sourced timber each year, with Indonesia, Malaysia, and Cambodia
identified as major sources of illegal timber". Illegal hunting and fishing activities
can quickly reduce, or even eliminate, animal populations. Let us consider the fact
that the elephant population in Africa was reduced by over 50% from 1979 to 1989,
primarily because of the illegal hunting of elephants to harvest their ivory'. Similarly,
although Kenya made the trade of rhinoceros horns illegal in 1975, the rhinoceros
population declined from about 20,000 in 1975 to only 500 in 19905. This dramatic
decline was largely caused by poachers motivated by profit from the sell and trade
of the horns. These examples show how quickly the number of animals in an entire
species can be reduced through poaching and trafficking.
At global level, illegal wildlife trade undermines sustainable development through

its effects on security and the rule of law. Many of the pathways of wildlife
trafficking are similar to those of drug, arms, or human trafficking, which allows
illegal wildlife trade to further exacerbate the deteriorating security situation
along those routes8 6 . Areas without security are oftenhindered in their social and
economic development.
9.3 Undermines Law Enforcement and Threatens National Security

Illegal wildlife trade is now proliferated by highly organized crime syndicates,
which seek to supplement their income through what they perceive to be a high-
profit, low-risk endeavour 7 . Illegal wildlife traders use profits gained from wildlife
trafficking to purchase weapons and finance other crimes like terrorist activities,
which in turn has serious implications for both national and international security.
Brookings Institute identifies the United Wa State Army (USWA) that traffics wildlife
into Yunnan and northern Thailand along with narcotics and other contraband; the
Taliban who facilitates the hunting of houbara bustards, snow leopards, and saker
falcons in Afghanistan for wealthy Saudis; the trading of various species by the
Nationalist Socialist Council of Nagaland in Northeast India and militant groups
a Id.
8 Kala Mulqueeny & Sherrielysse Bonifacio (2011), ASEAN Chief Justices on Environment Roundtable: Towards a Vision
on Environment for the Judiciary in SoutheastAsia, Background Paper for the ASEAN Chief Justices Roundtable on
Environment.
8 Id.
G. LWarchol, The transnational illegal wildlife trade. CRIMINAL JUSTICE STUDIES, 17, 57-73. (2004)
G
G. L. Warchol, L. L. Zupan &W Clack, Transnational criminality:An analysis of the illegal wildlife market in South Africa,
G
International Criminal Justice Review, 13, 1-27, (2003).
e Payton Deeks Ofnote: Wildlife trafficking in Southeast Asia SAIS REVIEW 26: 1,Winter-Spring 2006.
,7 Supra note 79.
in Bangladesh as few examples of syndicated groups that capitalize on the illegal

wildlife trade to finance criminal activities"8
.
The motivation behind profiteering from illicit wildlife trade also has serious
implications on law enforcement and governance. Using corruption, illegal wildlife
traders can take advantage of weak government authorities and law enforcement
systems to sustain their activities. This perversion of governance in already weak
developing countries imposes significant economic and structural damages in
countries. It threatens national stability, subverts legitimate economies, weakens
democracy by impeding the proper functioning of political and legal systems, and
creates potential havens for other groups that operate beyond the law.
Thus, addressing illegal wildlife trade also helps address threats to economic
security and public health. In addition to its impact on national and global security,
wildlife trafficking also threatens economic security. Many of the regions where
poaching is prevalent rely heavily on environmental tourism. Fewer animals to
view and increased violence detract from a region's viabilityas a tourist destination.
Illegal trade also diverts money away from legitimate businesses and instead puts
cash in the hands of criminals, preventing economic growth.
9.4 Poses Serious Threats to Public Health

The channels of illegal wildlife trade may form a dangerous pathway to facilitate
the transmission of disease from animals to humans. Commentators believe that
the outbreak of severe acute respiratory syndrome (SARS), for example, was caused
by consumption of civets in China8 9 .The transfer of avian influenza (bird flu) from
wild birds to humans was also believed to take place in China's wildlife markets.
Wildlife trafficking poses a grave threat to public health too as close contact
between humans and animals and lack of even basic hygiene are common in illegal
trade and provide a perfect environment for the spread of zoonotic disease to
humans. By circumventing public health controls, the illegal trade of live animals
or their body parts, including the growing demand for bushmeat, not only puts the
health of individuals at risk but could result in serious global pandemic breakouts
as well as detrimental consequences for national and international security and
human development. The spread of animal-borne disease affects both human
health as well as threatening indigenous wildlife and natural ecosystems. According
to the United States Government Accountability Office, nearly 75% of emerging
diseases that reach humans come from animals9 0 .The link between wildlife trafficking
and disease outbreak is questioned, although outbreaks of certain diseases have
suspected links to smuggled animals. An increasing number of human disease
Supra note 78.

Supra note 48.
pandemics-SARS, avian influenza, and the ebola virus, among others-are caused by
infectious agents that, having been transmitted from animals (particularly wildlife)
to humans, can then spread rapidly within the human population.
Thus, wildlife crime goes far beyond decimating the wildlife and wild places that
could otherwise serve as a vehicle for positive economic development. As Valerie
Hickey, a World Bank environmental scientist explains: "Wildlife crime is leading
to the proliferation of guns in exactly those areas that need less conflict, not more;
it is providing money for corruption in exactly those countries in which corruption
has already stalled all pro-poor decision making and doing business legitimately is
already hard enough; and it is oiling the engine of crime and polluting efforts at good
governance, democracy and transparency in exactly those communities that need
more voice, not more silence.... The fight to end wildlife crime is a fight for humanity9n
10. Human Cost of Wildlife Crimes

Illegal trade in wildlife posesan immediate riskto people and communities in the places
where wildlife is found. Criminals and criminal syndicates terrorize and exploit people
in rural communities in some of the poorest countries of the world, take advantage
of corrupt local officials charged with wildlife protection, kill and injure rangers and
law enforcers, thereby posing a serious threat to the stability, livelihoods, and natural
resources of these communities92 . Local impacts scale up to national challenges, and
national challenges conglomerate to create international threats.
The impacts of the illegal wildlife trade are perhaps most acutely felt on the ground
in places where highly imperiled wildlife species cling to life and are guarded by
a handful of under-resourced park rangers charged with their protection. The
following specific cases were reported by The Thin Green Line, a foundation that
supports park rangers in the field:
* In the Democratic Republic of Congo over the last 10 years, 183 park
rangers were killed in one national park93
.
In Colombia, park rangers are killed when dealing with drug cartels,
land mines, and militias 94
.
In India, illegal poachers have buried park rangers alive in

sawing pits 95
.
1 Valerie Hickey, The fight to end wildlife crime is a fight for humanity, VOICES, PERSPECTIVES ON DEVELOPMENT
WEBLOG, Mar. 11,2013.
9 Supra note 43.
93 The Thin Green Line Foundation (2013). See www.thingreenline.org.au (as of Jan.3, 2015).
These tragic deaths serve as a stark reminder that with illegal wildlife trade, it is not
only animals whose lives are at stake. Even in Nepal, on September 26,2014, Senior
Game Scout Sesh Chandra Chaudhari of Chitwan National Park was shot dead by
an unidentified gang while he was he was heading on his motorcycle towards the
Dipanagar Post from the Madibagai Post, Chitwan. It is stated in the investigation
report that apart from the gunshot wound, Chaudhari was also attacked bya sharp
weapon96
The story of the human toll of wildlife and forest crimes, historically and
inexorably linked to the exploitation of local communities and poor people,
even before slavery and the ivory trade, needs to be shared with the international
community in light of the growing scale of poaching and illegal trade of wildlife,
which has now been recognized as a serious organized transnational crime9 7 . This
includes9 8:
* People dying and getting injured (e.g., rangers, law enforcement

officers, villagers, poachers)
* People encouraged or forced to engage in criminal activities (e.g.,
breaking the law, possession and use ofweapons, bribery, corruption)
* Exploitation of vulnerable and disadvantaged communities
* Families losing the breadwinners (e.g., due to death, injury,
incarceration) - Orphans & widows
Fuelling conflict (e.g., financing terrorism and rebel militia)
Other related criminal activities (e.g., threatening the rangers and
their families, money laundering, tax evasion).
* Other human costs of environmental and wildlife crime (e.g., impact
on tourism and economy)
11. International Efforts on Curbing Wildlife Crimes

11.1 InternationalLaws
11.1.1 Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES), 1973
CITES is the principal international instrumentto control and regulate international
trade in protected species and to ensure that international trade in specimens of
wild animals and plants does not threaten their survival. In short, the purpose of
CITES is to protect species of endangered fauna and flora (including products from
" REPUBLICA DAILY, (Kathmandu, Sep. 27, 2014).

9 Supra note 70.
them) by creating a control system for any trade and transaction in these species.
The Convention contains three separate Appendices of species, and sets out the
control and reporting mechanisms applicable to them:
* Appendix I includes those species threatened with extinction and in

respect of which commercial trade is not appropriate or sustainable. Any
trade listed in Appendix I species requires prior permits from both the
importing and the exporting country. Certificates are also required for the
re-export of species.
* Appendix 11 includes those species not necessarily in danger of extinction
but which may become endangered if trade in them is not strictly
regulated, as well as those for which trade must be strictly regulated
to permit effective control. An export permit is required for any trade
in Appendix II species and must be presented to the importing State's
Customs authorities.
* Appendix Ill includes those species that individual Parties choose to make
subject to regulation and which require the cooperation of the other
Parties in controlling trade. Trade in Appendix Ill species requires the
Management Authority of the exporting State to issue an export permit.
CITES is the single most important international instrument dealing with illegal
trade in fauna and flora because it is the only treaty that requires Parties to penalize
some aspects of illegal trade in protected species. It also enables countries to
confiscate illegally sourced fauna and flora. CITES is, in fact, the only international
treaty that sets out specific violations relating to illegal activities in the wildlife
and forestry sectors9 9 . Many Parties to CITES have not enacted specific legislation
to implement the Convention. Instead, they rely on general wildlife and forest
laws, or in some cases they use their customs or foreign trade legislation to control
trade in CITES-listed species. At times, these laws do not fully conform to or comply
with CITES requirements, especially in cases where they were enacted long before
CITES came into existence.
11.1.2 United Nations Convention against Transnational Organized

Crime, 2000
Also known as the Palermo Convention- Convention against Transnational
Organized Crime is the main instrument in the fight against transnational
organized crime. It signifies the recognition by its Member States ofthe seriousness
of the problems posed by organized crime, as well as the need to foster close
international cooperation.The Convention encourages Parties to adopt measures
against transnational organized crime, including the establishment of domestic
Supra note 22, p. 15.

criminal offences, as well as frameworks for extradition, mutual legal assistance

and law enforcement cooperation. The Convention also seeks to enhance the
standardization and coordination of national legislative, administrative and
enforcement measures relating to transnational organized crime, and to ensure
a more efficient and effective global effort to prevent and suppress it"oo. The
Convention applies to specific sets of offences, specified in the following provisions:
participation in an organized criminal group (article 5); money-laundering
(article 6); corruption (Article 8); and obstruction ofjustice (article 23). Additionally,
the Convention applies to the offences under the three protocols that supplement
the Convention"o', as well as to all "serious crime" with a transnational organized
criminal aspect. Under article 2, paragraph (b), "'serious crime' shall mean a
conduct, constituting an offence punishable by a maximum deprivation of liberty
of at least four years of imprisonment or a more serious penalty'""Seriousness"
refers to the penalty foreseen for an offence under domestic law and thus"serious
crime"can also capture those wildlife and forest offences that are punishable by an
imprisonment of four years or more.
11.1.3 United Nations Convention against Corruption, 2002

The United Nations Convention against Corruption, which is the first global legally
binding instrument against corruption, builds on the precedent of the Convention
against Transnational Organized Crime and incorporates a substantial number
of similar provisions. The Convention sets out a great range of preventive anti-
corruption measures,and measures relating tocriminalization and lawenforcement,
international cooperation, asset recovery, technical assistance and information
exchange 10 2 . This Convention contains a comprehensive set of preventive
measures aimed at establishing integrity, transparency and accountability that can
help to curb corruption in the agencies involved in the fight against wildlife and
forest offences, such as law enforcement agencies, customs, wildlife and forestry
departments, but also prosecutors and the judiciary.
11.1.4 Convention on Biological Diversity, 1992

The Convention on Biological Diversity focuses predominantly on habitat
protection by endeavouring to balance the need for economic development
with the protection of biodiversity, especially through the nomination of
reserves in developing countries. The principal emphasis of the Convention
is on the sustainable development and use of natural resources (article 1),
including fauna and flora, recognizing "the interaction between habitats and
human populations" 3 .' In relation to fauna and flora, the Convention seeks to
-0 id., p. I 7.
101 The Convention is supplemented by three protocols: the Protocol to Prevent, Suppress, and Punish Trafficking in
Persons, especially Women and Children, the Protocol against the Smuggling of Migrants by Land, Sea and Air,
and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and
Ammunition.
102 Supra note 22, p. 19.
103 Ben Boer, Ross Ramsay and Donald Rothwell, InternationalEnvironmentalLawin theAsia Pacific, p. I11.
protect ecosystems, including forests. To this end, the Convention requires States
Parties to, inter alia, take steps to limit activities that threaten the extinction of
species or the degradation of ecosystems within their territory. Specifically, the
Convention calls on States Parties to take active steps in the rehabilitation and
restoration of degraded ecosystems, to create and enforce laws and regulations to
protect threatened species, to establish special protection areas, and to conduct
environmental impact assessments of development projects (articles 8 and 9)104.
11.1.5 Convention Concerning the Protection of the World Cultural and

Natural Heritage, 1972
The main concern raised by the Convention, better known as World Heritage
Convention, is the protection of the world's natural (and cultural) heritage of
"outstanding universal value" Guidelines issued for the operation of the Convention
set out in detail the criteria that need to be met to elevate natural heritage to one
of "outstanding universal value"os'. Parties may identify their national "inventory of
property forming part of the cultural and natural heritage"and submit their proposals
to the World Heritage Committee. The Committee collects information about
legislative and administrative measures relevant to the protection of designated
properties situation on the territory of Member States. It also maintains and updates
the List ofWorld Heritage in Danger for natural heritage that requires major operations
for its conservation (article 11, paragraph 3). Inclusion in this list is limited to properties
that face "serious and specific dangers such as the threat of disappearance' Unlike
CITES, the Convention Concerning the Protection of the World Cultural and Natural
Heritage does not protect particular plant or animal species. Importantly, it does not
require mandatory steps of protection and conservation. The Convention provides a
set of guidelines to encourage Parties to protect their cultural and natural heritage.
Article 5 sets out a range of steps that countries may take to achieve the protection,
conservation and presentation of the natural and cultural heritage"o.
1 1.2 InstitutionalProvisions
11.2.1 International Consortium on Combating Wildlife Crime (ICCWC)
In November2009, various international organizationsandagencies with mandates
in law enforcement and criminal justice capacity-building-as they relate to wildlife
and forest offences-decided to come together to work jointly on the formation
of an international consortium. Representatives from the CITES Secretariat, the
104 Cf. Debra J. Callister, "Corrupt and illegal activities in the forest sector: current understandings and implications for the
World Bank, background paperfor the2002 Forest Strategy (Washington, DC), p. 26, 1999.
los Article 2 of the Convention Concerning the Protection of the World Cultural and Natural Heritage establishes that
the term "natural heritage" includes "natural features consisting of physical and biological formations of groups of
such formations which are of outstanding universal value from the aesthetic or scientific point of view geological
or physiographical formations and precisely delineated areas which constitute the habitat of threatened species of
animals and plants of outstanding universal value from the point of view of science or conservation; natural sites
or precisely delineated natural areas of outstanding universal value from the point ofview science, conservation or
natural beauty
21
Supra note 22, p.
.
International Criminal Police Organization (INTERPOL), the United Nations Office

on Drugs and Crime (UNODC), the World Bankand the World Customs Organization
(WCO) held their first-ever joint meeting in Vienna to design a strategy intended
to prevent and combat illegal trade in wild animals and plants"o'. While several of
these organizations and agencies had previously worked together on this subject,
this was the first occasion that the five entities had collaborated together on this,
or any other form of crime prevention. They decided to form ICCWC to jointly
move forward in a coordinated manner. The Consortium was formally launched
in November 2010 during the International Tiger Forum, hosted in St. Petersburg,
Russian Federation, by Prime Minister Vladimir Putin, when the final signatures
were added to a letter of understanding among the five entities.10
11.2.2 World Wildlife Fund (WWF)

The World Wide Fund for Nature (WWF) is an international non-governmental
organization founded on April 29, 1961, and is working on issues regarding
the conservation, research and restoration of the environment. It was formerly named
the World Wildlife Fund, which remains its official name in Canada and the United States.
It is the world's largest conservation organizationl09 with over 5 million supporters
worldwide, working in more than 100 countries, including Nepal, supporting around
1,300 conservation and environmental projects. WWF is a foundation, in 2010
deriving 57% of funding from individuals and bequests, 17% from government
sources (such as the World Bank, DFID, USAID) and 11% from corporations110 . The
group's mission is "to stop the degradation of the planet's natural environment and
to build a future in which humans live in harmony with nature'"Currently, much of its
work focuses on the conservation of three biomes that contain most of the world's
biodiversity: oceans and coasts, forests, and freshwater ecosystems. Among other
issues, it is also concerned with endangered species, pollution and climate change. Its
headquarters are based in Gland, Switzerland.
11.2.3 International Union for Conservation of Nature (IUCN)

IUCN, International Union for Conservation of Nature, claims to help the world
find pragmatic solutions to our most pressing environment and development
challenges. The Union's headquarters are located in Gland, near Geneva, in
Switzerland. Founded in 1948astheworld'sfirstglobal environmental organization,
IUCN is the world's oldest and largest global environmental organisation, with
more than 1,200 government and NGO Members and almost 11,000 volunteer
experts in some 160 countries. Its work is supported by over 1,000 staff in 45 offices
and hundreds of partners in public, NGO and private sectors around the world".
107 Id, p.4.

- See https://www.unodc.org/ ... icc (as of Jan.4, 2015).
10' See http://en.wikipedia.org/wiki/WorldWide_Fund for Nature (as ofJan.4,2015).
See http://www.iucn.org/about (as of Jan. 4, 2015).

Almost 11,000 voluntary scientists and experts, grouped in 6 Commissions in some

160 countries serve for this organization. The Union is funded by governments,
bilateral and multilateral agencies, foundations, member organisations and
corporationsand italsohasan Official ObserverStatusatthe United NationsGeneral
Assembly. It highlights how biodiversity is fundamental to addressing some of
the world's greatest challenges such as climate change, sustainable development
and food security and strives to deliver conservation and sustainability at both
the global and local level. The organization is best known to the wider public for
compiling and publishing the IUCN Red List ofThreatened Species, which assesses
the conservation status of species worldwidell2
11.2.4 Interpol
The International Criminal Police Organization, or Interpol, is a non-governmental
organization facilitating international police cooperation. It was established
as the International Criminal Police Commission (ICPC) in 1923 and adopted its
telegraphic address as its common name in 1956113.
Interpol is in a unique position to facilitate cross-border law enforcement and assist

countries in gathering evidence and locating offenders and their assets. Moreover,
Interpol has established a range of tools designed specifically to combat wildlife
and forest offences. It currently has 188 Member States, most of which have
established a national central bureau to act as a focal point for cooperation with
the General Secretariat and other national central bureaux.These bureaus can also
act as liaison points between national wildlife and forest enforcement units and
the General Secretariat of Interpol 14 . As early as 1976, an Interpol resolution was
adopted to combat the illegal traffic in wild fauna and flora. The Environmental
Crime Program of Interpol, established in 1992, is designed to assist Member
States in the effective enforcement of national and international environmental
laws and treaties15
.
The Interpol Wildlife Crime Working Group (formerly the Subgroup on Wildlife
Crime) focuses on the expertise and experience of law enforcement officers on
the poaching, trafficking or possession of legally protected fauna and flora.
Participation in the Wildlife Crime Working Group is open to all Interpol Member
States and regional representatives, as well as observers from the CITES Secretariat
and World Customs Organization' 16 . The Working Group carries out measures to
improve the exchange of information on:
11 See http://en.wikipedia.org/wiki/InternationalUnion for Conservation of Nature (as of Jan. 4, 2015).

113 See http://en.wikipedia.org/wiki/Interpol (as of Jan. 4, 2015).
11 INTERPOL and CITES Secretariat, Wildlife Crime Working Group, Practical Guide for the Use of the CITES Management
Authorities in Collaboration with theInternationalCriminal Police Organization (INTERPOL), p. 1-7 and 23, 2005.
Supra Note 22, p. 104.
INTERPOL and CITES Secretariat, Wildlife Crime Working Group, Practical Guide, p. 9. See further Rosalind Reeve,
Policing International Trade in Endangered Species, p. 227-229.
* Persons or companies involved in illegal trade in fauna and flora;

* Organizations involved in illegal trade in fauna and flora; and
* Methods of illegal trade in wildlife, including the use of false CITES
documents, forgery, means of transport, organized crime, and
activities related to organized crime (such as money-laundering and
trafficking in narcotics) and associated trends.
Besides the Wildlife Crime Working Group, Interpol has initiated two important
projectsto combat illegal wildlifetrade: Project Predator and ProjectWisdom'". The
first project aims to support and enhance the governance and law enforcement
capacity for the conservation of Asian big cats. The second project intends to
improve wildlife law enforcement in Africa, specially targeting illegal trade in
elephant ivory and rhinoceros horn.
11.2.5 Trade Records Analysis of Flora and Fauna in Commerce

(TRAFFIC)
TRAFFIC, earlier known as the Trade Records Analysis of Flora and Fauna in
Commerce was established by the Species Survival Commission of IUCN in 1976,
after the entry into force of CITES. The major role was to monitor wildlife trade
and the implementation of the treaty"'. It is a joint venture of WWF and IUCN.
Since its founding in 1976, it has grown to become the world's largest wildlife
trade monitoring Program. TRAFFIC actively monitors and investigates wildlife
trade, and provides its information to a diverse audience world-wide, as a basis
for effective conservation policies and Programs. With its headquarters at UK, the
institution is spread across 5 continents and presence in 30 countries. It closely
works with the IUCN, WWF and CITES secretariat along with various National and
regional and state agencies, on wildlife trade issues"19
11.2.6 Coalition against Wildlife Trafficking (CAWT)

The Coalition against Wildlife Trafficking (CAWT) was established in 2005 by the
U.S. State Department as a voluntary coalition of governments and organizations
that aims to end the illegal trade of wildlife and wildlife products. CAWT currently
includes six governments and thirteen international NGOs 12 0 .Their means of action
include raising public awareness to curb demand, strengthening international
cross-border law enforcements to limit supply, and endeavoring to mobilize
political support from upper echelons.
117 See www.interpol.int/Crime-areas/...crime/Projects (as ofJan. 4, 2015).

- Supra note 56.
Supra note 48.

11.2.7 Association of Southeast Asian Nations Wild Enforcement

Network (ASEAN-WEN)
The Freeland Foundation and TRAFFIC Southeast Asia worked with the Thai
government and the Association of Southeast Asian Nations (ASEAN), to establish
the ASEAN Wildlife Enforcement Network (ASEAN-WEN) in 2005121. ASEAN-
WEN oversees cross-border cooperation and aims to strengthen the collective
law enforcement capacity of the ten ASEAN member countries. It is the largest
regional wildlife law enforcement collaboration in the world and receives support
from the United States Agency for International Development.
11.2.8 Wildlife Alliance

Wildlife Alliance is an international non-profit wildlife and forest conservation
organization with current programs and partnerships in Cambodia. It is
headquartered in New York City, with offices in Phnom Penh. The logo of the
organization is the Asian elephant, an emblematic species of Southeast Asia and
the namesake for the organization's programs in the Southwest Elephant Corridor
of the Cardamom Mountains of Cambodia1 22
.
Wildlife Alliance was originally founded in 1994 by a group of American and

British conservationists under the name Global Survival Network, and reorganized
in 1999 as Wild Aid. The organization restructured itself again in 2006, dividing
the organization's programs between two organizations - a new separate Wild
Aid conducting the Active Conservation Awareness Program, Shark Conservation,
and Galapagos Islands programs and Wildlife Alliance conducting field operations
in Southeast Asia and Russia1 23
.
11.2.9 Freeland Foundation

Freeland Foundation is an international non-governmental organization
working across Asia on both environmental conservation and human rights and
is headquartered in Bangkok, Thailand. The organization, established in 2000,
is effortful in stopping wildlife and human trafficking for the protection of the
environment and vulnerable people1 2 4
.
The organization intends to build responses to combat the illegal wildlife

trade and habitat destruction. Its environmental conservation programs are
designed to address imminent threats to endangered flora and fauna. This
includes poaching and logging in protected areas, smuggling, and the subsequent
sale and consumption of wildlife across the region and worldwide. With funding
from the United States Agency for International Development (USAID), Freeland
1 Id.
m See http://en.wikipedia.org/wiki/WildlifeAlliance (as ofJan. 4, 2015).
See http://en.wikipedia.org/wiki/FreelandFoundation (as of Jan. 4, 2015).

Foundation provides expertise and support to the Association of Southeast Asian

Nations Wildlife Enforcement Network (ASEAN Wildlife Enforcement Network), a
regional inter-governmental initiative to combat wildlife smuggling 2 5
.
11.2.10 South Asian Enforcement Network (SAWEN)
The South Asia Wildlife Enforcement Network (SAWEN) was formally launched
during the Second Meeting of the South Asia Experts Group on Illegal Wildlife
Trade held from 29-30 January 2011 in Paro, Bhutan1 2 6 . The meeting agreed to
an action-oriented work plan for joint activities; establishment of the SAWEN
Secretariat hosted by the Government of Nepal, governance and operational
structure for SAWEN, and the need for strategic collaboration on communications
and fundraising. The Network was created with the help of CAWT and TRAFFIC.
The SAWEN countries include Afghanistan, Bangladesh, India, Maldives, Nepal,
Pakistan and Sri Lanka.
The SAWEN Secretariat was formally established on 20 April 2011 at the premises
of Department of National Parks and Wildlife Conservation (DNPWC), Nepal.
The Director-General of DNPWC serves concurrently as the "Chief Enforcement
Coordinator" (CEC) of the Network1 27
.
12. Measures for Combating Wildlife Crimes

12.1 Legal and Policy Measures
12.1.1 Prosecution
Public prosecutors play a unique role in criminal cases in that they appear on behalf
of the government as the representative of the people rather than of an individual
victim. A prosecutor has the broad obligation to uphold the rule of law, with an
attendant ethical and professional duty to ensure that a person accused of a crime
receives a fair trial. Where prosecutors fail to fulfill these obligations, miscarriages
of justice ranging from malicious prosecutions to wrongful convictions may result,
damaging the integrity of the justice system and violating the public's trust. The
inadequate or nonexistent prosecution of wildlife and forest offences also sends
the message that this type of crime is victimless and less serious than other crimes.
The design and delivery of prosecution services differ greatly among countries and
are frequently influenced by common law, civil law or hybrid traditions. Further, the
International Association of Prosecutors adopted the "Standards of professional
responsibility and statement of the essential duties and rights of prosecutors', which
should be integrated into any comprehensive analysis of prosecution services1 28
.
m /d.
-e See http://www.sawen.org/establishment-of-sawen (as ofJan. 4, 2015).
1 Id.
- International Association of Prosecutors (1999), Standards of professional responsibility and statement of the
essential duties and rights of prosecutors.
12.1.2 Extradition
Extradition is the process whereby one State (the requested State) will surrender a
person to another State (the requesting State) forthe purpose of criminal prosecution
or for the enforcement of a criminal sentence in relation to an extraditable offence.
The extradition of the person is facilitated through a formal judicial process, often
requiring an evidentiary basis for the extradition, although the final decision on
surrender generally rests with the executive. Multilateral conventions dealing with
extradition have been developed within the framework of various regional and other
international organizations. The United Nations Convention against Transnational
Organized Crime1 29and the United Nations Convention against Corruption1 3 0 contain
extradition provisions that may be used in relation to some wildlife and forest offence
investigations. Besides, most jurisdictions have numerous bilateral treaties that
enable extradition to and from selected countries. Domestically, in some countries,
extradition acts or similar laws set out the requirements for the administration of
extradition requests to and from other countries.
12.1.3 Mutual Legal Assistance

Mutual legal assistance is a mechanism that allows one State to provide another
State with assistance during an investigation or a prosecution. The types of
assistance that may be provided through mutual legal assistance are subject to
applicable treaties and domestic laws, and may include compulsory or coercive
measures. Mutual legal assistance may be conducted on the basis of multilateral
or bilateral agreements, as well as national legislation that either gives full effect
to the relevant treaties or enables mutual assistance in the absence of such
treaties. International instruments such as the United Nations Convention against
Transnational Organized Crime13 1 and the United Nations Convention against
Corruption1 32 include detailed provisions concerning mutual legal assistance.
Mutual legal assistance may be hindered by the fact that the procedural laws of
cooperating countries can vary considerably. To facilitate these efforts, the United
Nations General Assembly has adopted the Model Treaty on Mutual Assistance in
Criminal Matters. A model law on mutual legal assistance has also been prepared1 33
.
12.1.4 Confiscation of Assets

Effective action against wildlife and forest offences must include measures to deprive
perpetrators of the proceeds of crime, especially if the specimens involved have a high
market value. The ability of law enforcement agencies, and judicial and prosecutorial
authorities to identify, investigate, sequestrate and confiscate assets derived from
wildlife and forest offences sends a message to criminals that this activity is not high
12 UNITED NATIONS CONVENTION AGAINSTTRANSNATIONAL ORGANIZED CRIME, art. 16. See further David McClean,
Transnational Organized Crime, pp. 173-190.
130 UNITED NATIONS CONVENTION AGAINST CORRUPTION, art. 44.
131 Supra note 130, art. 18. See further David Mc Clean, Transnational Organized Crime, p. 195-238.
132 Supra note 131, art. 46.
133 See www.unodc.org/unodc/en/legal-tools/model-treaties-and-laws.html (as of an. 4, 2015).
profit. Accordingly, mostjurisdictions have mechanisms to enable the tracing, freezing,

seizing and confiscation of assets and proceeds of crime. As a general rule, the relevant
officers should be authorized to exercise the power to confiscate whenever they have
reason to suspect that wildlife or forest material, dead or alive, is being obtained,
traded, imported or exported in contravention of the law.
A number of international instruments, including the United Nations Convention

againstTransnational Organized Crime and the United Nations Convention against
Corruption, establish comprehensive regimes that permit asset recovery across
bordersl3 4 .Article 8, paragraph 1 (b), of CITES also seeks to ensure that endangered
species traded illegally are confiscated or returned. In practice, this "is often the
only punishment suffered by individuals for violation of CITES requirements"'3 5
.
12.1.5 Transfer of Proceedings
Having the option to transfer criminal proceedings from one country to another
can increase the likelihood of the success of a prosecution when, for example,
another country appears to be in a better position to conduct the proceedings.
This can also assist the prosecution in a country that is initiating proceedings in lieu
of extradition. Finally, it can be a useful method of concentrating the prosecution
in one jurisdiction and thereby increasing its efficiency and the likelihood of its
success in cases involving several jurisdictions.
The United Nations Convention against Transnational Organized Crime and the
United Nations Convention against Corruption also contain specific provisions to
encourage the transfer of criminal proceedings for the prosecution of offences
under the conventions "in cases where such transfer is considered to be in the
interests of the proper administration of justice, in particular where several
jurisdictions are involved, with a view to concentrating the prosecution1 3 6"
12.1.6 Sentencing and Sanctions

Wildlife and forest offences are seen by many, including investigators, researchers
and, most importantly, perpetrators, as a high-profit, low-risk activity. This is
because penalties for wildlife and forest offences are often lenient in relation to
the crime committed. Accordingly, countries should take the measures necessary
to ensure that the relevant offences are punishable by effective, proportionate and
dissuasive criminal penalties 13 . Furthermore, convictions need to be followed by
sentences that adequately:
13 See further U NODC, "Internationalcooperation", in Criminal Justice Assessment Toolkit.

131 David S. Favre, InternationalTrade in Endangered Species, p. 215.
13 Supra note 129, UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME, art. 21; UNITED
NATIONS CONVENTION AGAINST CORRUPTION, art. 47. See further David McClean,Transnational Organized Crime,
pp. 248-251.
137 Supra note 22, p. 136.
* Punish the offender to an extent or in a way that is justified in all

circumstances;
* Provide conditions that will help the offender to be rehabilitated;
* Deter the offender and other persons from committing the same or a
similar offence;
* Make clear that the community, acting through the court, denounces
the sort of conduct in which the offender was involved; and Protect
the community from the offender, where necessary.
12.1.7 Restitution, Compensation and Restoration

Offenders should, where possible and appropriate, make restitution to victims. The
restitution should includethe return of property or payment for the harm or loss caused,
the reimbursement of expenses incurred as a result of the victimization, the provision
of services and the restoration of rights. In the context of wildlife and forest offences,
restitution is particularly important where property rights of the victim(s) have been
infringed or where environmental degradation has caused damage to the victim's
property or reduced or destroyed the victim's legitimate source of income'. In many
instances, restitution would be paid to the State on behalf of the wildlife or forest and
not to a specific victim. In such cases, restoration should also be considered for the time
and cost of the clean-up, and for the medical treatment and rehabilitation of wildlife 39
.
The housing of confiscated live animals or plants, often over lengthy periods prior to
court hearings or trials, can be extremely expensive, and prosecution authorities are
encouraged to seek court orders requiring the offenders to pay these costs. Following
the disposal of cases, consideration may have to be given to repatriating live animals
to their countries of origin. This, too, can be highly costly and courts should consider
imposing orders requiring that the offender bear such expenses.
12.2 Technical and Socio-economic Measures

12.2.1 Natural Resource Inventory
Conducting a proper inventory of wildlife and forest resources-indicating the
range of endangered and protected species in a given country or region-is crucial
to drafting effective responses to wildlife and forest crime. The inventory serves
as a baseline to identify occurring activities and to measure the impact and
sustainability of interventions.
12.2.2 Protected Areas

Protected areas are essential for biodiversity conservation and constitute essential
elements in many national and international conservation strategies. The World
Commission on Protected Areas provides a framework for the development and
Id, p. 138
analysis of protected areas. This framework includes the following elements:

understanding the context of existing values and threats; the planning and
allocation of resources; the management of actions; the development of products
and services; and evaluating resulting impacts.
12.2.3 Certification Systems and Schemes

Certification systems help to identify, document and prove the sustainability
of certified forest products. Certified forests are considered to be of high
environmental, social and economic value and help to guarantee the maintenance
of adequate wildlife habitat and water quality protection. According to the World
Wildlife Fund and World Bank Global Forest Alliance, certification and accreditation
have to be in compliance with international frameworks and compatible with
globally applicable principles that balance economic and ecological dimensions.
Additionally, major stakeholder groups should participate in governance and
standard setting, which must be based on objective and measurable performance
standards that are adapted to local conditions. To ensure support from local
communities and main stakeholders, certification and accreditation procedures
need to be transparent and disclosed to the publicl40
12.2.4 Land Tenure and Property Rights

Often, forest management programs do not adequately reflect forest-dependent
communities' access and use of wildlife and forest resources. As a result, these
groups have difficulties in obtaining land ownership and property rights.
12.2.5 Access to Areas of Interest

Forest management programs should be carefully designed so as to reflect the
livelihoods and rights of forest-dependent people and therefore ensure their
adequate access to and use of wildlife and forest resources.
12.2.6 Social Capacity Building

In many cases, forest resources serve as safety nets for poor and marginalized
communities. It is usually the poorest and most vulnerable forest-dwelling
communities that depend entirely on the forest for their livelihoods and food
security. Additionally, in many countries, laws related to forests and wildlife delimit
the rights and livelihoods of these vulnerable communities. They often have
difficulties obtaining land ownership rights, and their access to and use of wildlife
and forest resources are often not a part of forest management programsl41
Furthermore, traditional hunting for subsistence may fall under a national law
that protects wildlife and forests, therefore leading to the criminalization of their
activities. In many cases, interventions aimed at reducing and preventing wildlife
o WWF and World Bank Global Forest Alliance, Forest Certification Assessment Guide, p. iii.
14 World Bank, East Asia Region Forestry Strategy, p.43.
and forest crimes have to consider factors and fields that lay outside the wildlife
and forest sectors. Such interventions and programs could address issues such
as the promotion of alternative sources of energy, namely by providing rural
areas with solar and wind energy, mains gas or electricity to improve the balance
between the demand for and the supply of fuel wood.
12.2.7 Poverty Alleviation

For an estimated 90 per cent of the 1.2 billion people living in extreme poverty
globally,forestresourcesdirectlycontributetotheirlivelihoods. In manydeveloping
countries, forests are central to development and economic growth through trade
and industrial developmentl4 2. Interventions and long-term programs aimed at
reducing poverty and promoting rural development can help to addressing the
poverty-related drivers that cause wildlife and forest crimes. In this sense, poverty
reduction interventions targeted at wildlife - and forest-dependent communities
that are involved in illegal activities could be an effective and sustainable approach
to preventing wildlife and forest crime in the long term. These interventions and
measures must take into consideration the relevant laws and legislation that are
biased against poor forest-dependent communities. Additionally, they should
include issues connected to land tenure arrangements, access rights, transparency
and stakeholder participation in decisions directly affecting the livelihoods of the
communities concerned 43
.
12.2.8 Participative Approaches

The participation of civil society, the private sector, and national and international
non-governmental organizations is important to establish and maintain the
management of natural resources and the protection of wildlife and forests. Their
involvement in wildlife and forest crime prevention includes, among other things,
raising awareness about the extent and impact of illegal activities, research and
analysis contributing to an understanding of the scope and causes of wildlife and
forest crimes, and the provision of potential solutions for wildlife and forest crime".
12.2.9 Trade and Legal Markets

Lucrative gains from illegal trade in wildlife and forest products make the activities
involved in this trade attractive. High prices mayexistduetothe imbalance between
the legal supply of and the high demand for commercial timber and non-timber
products; and imported timber is expensive. A market-based intervention could
be appropriate to address illegal activities, and increasing the legal allowable cut
may function better than increasing the capacity of law enforcement. Additionally,
lowering import duties could be effective in increasing the supply of wood, and as
a result, in reducing demand for illegal domestic logsl 45. Consumer countries and
14 World Bank, Sustaining Forests, p. 1.

14 World Bank, "Strengtheningforest low enforcement and governance p. xi.
25
1 Id, p.
.
1 Savcor Indufor Oy, "Ensuringsustainabilityofforests' p. 34.

industry should take advantage of these possibilities in order to reduce incentives

for illegal logging. They can include market reforms and public procurement
policies that discriminate against stolen material1 4 6 . Market-based approaches
address the demand for and supply of wildlife products. They target markets and
prices of wildlife products, as well as those of their substitutes, such as sustainable
harvested resources.
12.2.10 Awareness-raising
The difference between "legal" and "illegal" activities should be clear, especially
for key stakeholders such as wildlife and forest workers, wildlife and forest
managers, and local communities, as well as for the judicial system. Legal and
policy frameworks cannot be implemented effectively unless their regulators
have a clear understanding of their contents and procedures. It is therefore
important to provide the key stakeholders and interest groups involved in wildlife
and forest matters with education and training to establish an appropriate level
of awarenessl4. They must have a clear understanding of the requirements of
legislation and the sanctions for non-compliance, as well as the negative impacts
of wildlife and forest crime on nature and society.
Thus, tackling wildlife crime is not just about arresting criminals, it's about
increasing people's awareness of the importance of our wildlife and habitats, how
they are protected, the effects of wildlife crime, and how to stay within the law 4 8
16 Supra note 144, p. xiii.

14 Williarn B. Magrath and others, Timber Theft Prevention, p. 17.
- See http://www.snh.gov.uk/protecting-scotlands-nature/protected-species/wildlife-crime (as of Jan. 6, 2015).

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1. Nature of Wildlife Crimes

Section Officer, Office of the Attorney General, Nepal.

2. History of Wildlife Conservation

3. Types of Wildlife Criminals

3.1 The "Back Door" Wildlife Criminal

3.2 The OpportunistWildlife Criminal

3.3 The Habitual or Chronic Wildlife Offender

3.4 Trophy Poachers

4. Motivating Factors for Wildlife Crimes

4.2 Income Generation

4.3 Commercial Use, Trade and Markets

4.4 Enjoyment, Leisure and Tourism

4.5 Culture and Tradition

4.6 Herding and Farming

4.7 Huntingand Non-selective Killing

5. Magnitude of Wildlife Crimes

Traffickers have a large variety of commodities to exploit depending on their

In April 2013, wildlife authorities in Mozambique's Limpopo National Park reported

Asian demand is also bringing rhinoceros to the edge of extinction, driving up

6. Modus Operandi of Wildlife Crimes

Supra note 35, p.9.

Warlords or militant groups that exist to achieve ideological or political goals,

Major wildlifespecies and their traded parts--

5 Sommerville, Keith, Theivorywars:HowpoachinginCentralAfricoafuels the LRAandJanjaweed, AFRICAN ARGUMENTS

5 Gooch, Frederick, Shooton Sight. Bloomington, IN: XLIBRIS CORPORATION, 2011.

7. Trend of Wildlife Trade and Consumption

6 Supra note 43.

end up as trophies, or in specialty restaurants. Some are used in traditional

Thetradealso includes demand forexotic pets,and consumption ofwildlifeformeat.

7.2 South America

Supra note 48.

9. Impact of Wildlife Crimes

9.1 Creates Damaging Impacts on Biodiversityand Ecosystems

According to a report by Global Witness in 2012, industrial logging companies and

See https:/wildleaks.orq/the-human-toll-of-wiIdlife-crime (as ofJan. 3, 2015).

9.2 Hinders Sustainable Development and Livelihood

At global level, illegal wildlife trade undermines sustainable development through

9.3 Undermines Law Enforcement and Threatens National Security

in Bangladesh as few examples of syndicated groups that capitalize on the illegal

9.4 Poses Serious Threats to Public Health

Supra note 78.

10. Human Cost of Wildlife Crimes

In India, illegal poachers have buried park rangers alive in

* People dying and getting injured (e.g., rangers, law enforcement

11. International Efforts on Curbing Wildlife Crimes

" REPUBLICA DAILY, (Kathmandu, Sep. 27, 2014).

* Appendix I includes those species threatened with extinction and in

11.1.2 United Nations Convention against Transnational Organized

Supra note 22, p. 15.

criminal offences, as well as frameworks for extradition, mutual legal assistance

11.1.3 United Nations Convention against Corruption, 2002

11.1.4 Convention on Biological Diversity, 1992

11.1.5 Convention Concerning the Protection of the World Cultural and

International Criminal Police Organization (INTERPOL), the United Nations Office