CASE STUDY: Discuss the United Nations Convention against Organized Crime and the

protocols, and explain the importance of the Rome Statute of the International Criminal

Court and Geneva Convention in Transnational Crime

Discussion

The United Nations Convention against Transnational Organized Crime, also known as

the Palermo Convention, is a crucial international instrument aimed at addressing and combating

organized crime on a global scale. Adopted in 2000, it consists of three main 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 (United Nations, 2020).

These protocols enhance international cooperation in investigating and prosecuting transnational

crimes, offering a comprehensive framework for member states to collaborate in the fight against

criminal networks.

In the realm of accountability for egregious crimes, the Rome Statute of the International

Criminal Court (ICC) plays a pivotal role. Adopted in 1998, it established the ICC as a

permanent international court to prosecute individuals for the most serious offenses of

international concern, including genocide, crimes against humanity, war crimes, and the crimes

of aggression (International Criminal Court, 2019). The Rome Statute serves as a deterrent to

perpetrators of transnational crimes by creating a mechanism for holding them accountable on

the global stage, irrespective of their nationality.

 Additionally, the Geneva Conventions and their Additional Protocols, which govern the

conduct of armed conflicts and protect the rights of victims, contribute significantly to

addressing transnational crimes in conflict situations. By setting out the humane treatment of

civilians and prisoners of war, these conventions establish norms that, when violated, can be

prosecuted as war crimes (Cornell Law School, 2017). Together, these legal frameworks provide

a robust foundation for international cooperation and the pursuit of justice in the face of

transnational criminal activities.

Identification of the Problem

Although the Rome Statute of the International Criminal Court (ICC), the United Nations

Convention against Transnational Organized Crime (Palermo Convention) and its protocols, the

Geneva Conventions, and the Rome Convention are all essential in combating transnational

crimes and ensuring accountability, their effective implementation is fraught with difficulties and

obstacles.

A significant concern pertains to the inequitable dedication of nations to completely embrace and

implement these global legal instruments. Certain nations might be incapable, inadequately

equipped, or politically motivated to implement and enforce the stipulations of these agreements.

This may result in deficiencies in the worldwide endeavor to address transnational crime, given

that such offenses frequently traverse multiple jurisdictions.

An additional obstacle pertains to non-state actors and terrorist organizations that function

beyond the purview of conventional state governance. The effectiveness of the frameworks

established by these conventions in regulating the behavior of non-state actors may be limited,
given that their primary purpose was to govern the conduct of states. The continuous challenge

lies in the adaptation of international law to address non-state actors and emergent forms of

transnational crime in an effective manner.

Furthermore, geopolitical factors may impede the court's capacity to prosecute individuals, and

the efficacy of the ICC has been called into doubt by a number of states. The Rome Statute has

encountered obstacles in attaining universal recognition, as several influential nations have opted

not to ratify it, thus restricting its scope of authority.

Compliance during armed conflicts continues to be a matter of concern within the framework of

the Geneva Conventions. Violations persist in numerous conflict zones, occasionally attributable

to the absence of effective enforcement mechanisms or the challenge of holding responsible

those responsible for their conduct. Ongoing initiatives to fortify international cooperation,

advocate for the rule of law, and bolster the capabilities of states to efficiently execute and

uphold these legal frameworks are necessary to confront these challenges. Furthermore, instilling

a greater sense of consciousness and fostering a more extensive dedication to these protocols

may aid in the resolution of a portion of these challenges.

SWOT Analysis
Strengths:

International Collaboration: The conventions and protocols provide a platform for international

collaboration and cooperation in addressing transnational crime. Member states can work

together to combat organized crime, human trafficking, and other serious offenses.

Legal Framework: The legal frameworks, such as the Rome Statute and the Geneva

Conventions, establish clear guidelines and standards for the conduct of states and individuals

during armed conflicts and in the prosecution of international crimes. They provide a foundation

for accountability.

Weaknesses:

Selective Adherence: Not all states are party to these conventions, and some powerful nations

may choose not to ratify or fully adhere to certain provisions. This selective adherence weakens

the universal applicability and effectiveness of these frameworks.

Enforcement Challenges: Enforcement mechanisms are often weak, especially in the absence of

a centralized global enforcement authority. Challenges in bringing individuals to justice,

especially when they are in non-cooperating states, can undermine the efficacy of these

conventions.

Opportunities:

Capacity Building: There is an opportunity for member states to invest in capacity building, both

in terms of legal infrastructure and law enforcement capabilities. Strengthening national

capacities can enhance the effective implementation of these conventions.

Advancements in Technology: Technological advancements can be leveraged to improve

collaboration and information-sharing among member states, aiding in the detection and

prevention of transnational crimes.

Threats:

Geopolitical Considerations: Geopolitical tensions and considerations may hinder the effective

functioning of international institutions like the ICC. Powerful states may resist or undermine the

authority of these institutions for political reasons.

Evolution of Transnational Crime: The dynamic nature of transnational crime, including

cybercrime and terrorism, poses a constant challenge. The conventions may struggle to adapt

swiftly to emerging forms of criminal activities.

Alternative Course of Action

Considering the strengths, weaknesses, opportunities, and threats associated with the

United Nations Convention against Transnational Organized Crime (Palermo Convention), the

Rome Statute of the International Criminal Court (ICC), and the Geneva Conventions, an

alternative course of action could involve a multifaceted approach:

Enhanced Global Outreach and Education:

● Develop and implement comprehensive global outreach programs to raise awareness

about the importance of these conventions and protocols.

 ● Collaborate with international organizations, non-governmental organizations (NGOs),

and educational institutions to educate policymakers, legal professionals, and the public

on the significance of adhering to and enforcing these international legal instruments.

Capacity Building and Technical Assistance:

● Establish international programs to provide technical assistance and capacity-building

support to member states, especially those with limited resources or challenges in

implementing the conventions effectively.

● Encourage the exchange of best practices and expertise among nations to improve their

ability to prevent, investigate, and prosecute transnational crimes.

Incentives for Adherence:

● Explore diplomatic and economic incentives to encourage more states, particularly

influential ones, to ratify and fully adhere to these conventions and protocols.

● Establish mechanisms that reward compliance and effective implementation while

addressing concerns that may be inhibiting some states from joining or fully committing

to these international legal frameworks.

Action Plan (According to objectives. Time context, and point of view)

Objective: Enhance Global Adherence and Awareness (Time Context: 1-2 years)

Develop and Implement a Global Outreach Campaign (Months 1-6):

 ● Establish an international task force to design a comprehensive awareness campaign

highlighting the importance of the Palermo Convention, the Rome Statute, and the

Geneva Conventions.

● Collaborate with member states, NGOs, and media outlets to disseminate information

through various channels, including social media, educational institutions, and diplomatic

forums.

Conduct Regional Workshops and Training (Months 6-12):

● Organize regional workshops and training sessions to educate legal professionals, law

enforcement agencies, and policymakers on the practical implementation of these

conventions.

● Provide technical assistance to states facing challenges in adopting and enforcing the

conventions, with a focus on capacity building.

References:

International Criminal Court. https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf

UN. (2011, August 30). Philippines ratifies the Rome Statute of the International Criminal Court

| UN News. News.un.org. https://news.un.org/en/story/2011/08/385312

International Criminal Court. (2019). How the Court works. Icc-Cpi.int; International Criminal

Court. https://www.icc-cpi.int/about/how-the-court-works

UN. (2020). The UN Convention against Transnational Organized Crime is 20. United Nations :

Office on Drugs and Crime. https://www.unodc.org/unodc/en/untoc20/index.html

United Nations Office on Drugs and Crime. (2004). UNITED NATIONS CONVENTION

AGAINST TRANSNATIONAL ORGANIZED CRIME AND THE PROTOCOLS THERETO.

https://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/

TOCebook-e.pdf

International Committee of the Red Cross. (2010). The Geneva Conventions of 1949 and their

Additional Protocols - ICRC. Icrc.org. https://www.icrc.org/en/doc/war-and-law/treaties-

customary-law/geneva-conventions/overview-geneva-conventions.htm

International Committee of the Red Cross. (2014, January 1). The Geneva Conventions of 1949

and their Additional Protocols. International Committee of the Red Cross.

https://www.icrc.org/en/document/geneva-conventions-1949-additional-protocols

International Committee of the Red Cross. (2018, September 27). Geneva Conventions and

Commentaries. International Committee of the Red Cross.

https://www.icrc.org/en/war-and-law/treaties-customary-law/geneva-conventions

Cornell Law School. (2017). Geneva Conventions and their Additional Protocols. LII / Legal

Information Institute.

https://www.law.cornell.edu/wex/geneva_conventions_and_their_additional_protocols