YMUN 50: COMMISSION ON CRIME PREVENTION AND CRIMINAL JUSTICE (CCPCJ)
General Instructions and Information
Welcome to YMUN 50! Before you proceed to your topic guide, take a moment and allow us to introduce you to YMUN 50 here!
About Your Organ:
Composed of 10 mid-sized committees, ECOSOCs is the only organ in YMUN dedicated exclusively to the rigorous discussion of one specific topic – economic and social issues on the international scale. With its dedication to social, economic, and humanitarian rights, ECOSOCs uniquely highlights important issues that are often overlooked in dominant global affairs narratives, such as women’s rights, racial justice, and refugee relief. It strikes a perfect balance between larger GA committees and smaller Crisis committees, fostering a beginner-friendly atmosphere while also maintaining a high standard of rigorous debate and refined understanding of complex socio-economic concepts.
Letter from the Dais
Dear Delegates,
We are incredibly excited to welcome you to this year’s Commission on Crime Prevention and Criminal Justice (CCPCJ). CCPCJ is a vital subsidiary body of the United Nations Economic and Social Council (ECOSOC) dedicated to addressing global issues related to crime prevention, criminal justice, and international cooperation. The CCPCJ plays a pivotal role in shaping policies, strategies, and recommendations to combat various forms of crime, by facilitating dialogue, sharing best practices, and promoting international collaboration among member states. Its overarching purpose is to enhance global efforts in preventing and countering crime, fostering a safer and more secure world.
Now, as the world continues its recovery from the COVID-19 pandemic and is encountering unexpected challenges, it is more critical than ever that countries maintain social order and security. In particular, this committee will focus on international piracy and counterfeiting/money laundering. These tasks are not small ones, but with your ideas and engagement, we can address them in a meaningful way. This document will introduce you to the topics that we will be discussing.
Hi everyone! My name is Patrick Chu (he/him/his), and I’m from Lafayette, Louisiana. I’m a junior in Branford College double majoring in Economics and the History of Art. This will be my third year chairing for YMUN, and I’m looking forward to continuing my involvement with the conference! At Yale, I do research with the Economics department and the School of Management, focusing on labor economics and behavioral marketing. I also work as a curatorial intern at the Yale University Art Gallery, where I’m involved with a project to research early pieces of American gold. Outside of Yale, I’ve worked at various museums in Finance and Advancement roles, most recently the Whitney Museum of American Art this past summer. I’m excited to work with this committee, and I hope that I can provide the support to make this conference a rewarding experience! My email is patrick.chu@yale.edu, and please do not hesitate to reach out!
Hello everyone! My name is Adam Wesley (he/him). I’m a junior in Pauli Murray College, and I’m studying mathematics. I’m very excited to be chairing CCPCJ this conference! I was involved in Model UN throughout high school, and I’m looking forward to continuing here—my third year at Yale, and my seventh overall. In past YMUN conferences, I’ve chaired the Commission on Science and Technology for Development and the Committee for Disaster Risk Reduction. Outside of school and international relations, I enjoy writing legal briefs with Yale Undergraduate Moot Court, and I curl for the Yale Curling team. I want to make sure this committee experience is as welcoming as possible, so please feel free to email me with any questions, concerns, or anything else at adam.wesley@yale.edu
Adam Wesley and Patrick Chu
Introduction
Committee History and Role
The Commission on Crime Prevention and Criminal Justice (CCPCJ) is a commission of the Economic and Social Council tasked with policymaking in, unsurprisingly, the areas of crime prevention and criminal justice. It was established in 1992, with a mandate to improve international action to combat crime, both national and transnational, and to improve efficiency and fairness of criminal justice systems. In 2006, its role was expanded, taking a more administrative role over the UN Office on Drugs and Crime (UNODC). In the real world, it has 40 members elected on a regional basis by the ECOSOC.
Recently, the CCPCJ has taken steps to implement the Kyoto Protocol and the 2030 Agenda, major UN initiatives to combat climate change and promote sustainable development. In the past few years, it has emphasized access to legal aid, environmental crime, human trafficking, and myriad other issues. It has taken tangible, specific action to increase adoption and compliance with various multilateral treaties against crime.
Topic 1: Piracy and Crime Prevention on the High Seas
Topic 1: Piracy and Crime Prevention on the High Seas
Maritime crimes have substantial economic, environmental, and human costs. Since they are international in character, the CCPCJ is strongly suited to improve maritime crime prevention and maritime law enforcement.
Glossary
Maritime Crimes: crimes committed at sea, including piracy, hijacking, various fisheries crimes, human trafficking, illicit arms and drugs smuggling, and many others.
Topic History
The law of the sea has long been a significant part of international law. The governing instrument, the United Nations Convention on the Law of the Sea (UNCLOS) defines and establishes various maritime zones, and provides a framework for law enforcement at sea. In particular, it obligates parties to cooperate in prevention and prosecution of piracy, drug smuggling, and other crimes at sea.
Piracy and other crime at sea is nothing new. For centuries, states have endeavored to end these ever-present threats to their economic interests. But given the nature of crimes like piracy, which often occurs in international waters by non-state actors or by individuals subject to a variety of overlapping and competing jurisdictions, and given the international interest present in preventing piracy, international law has historically treated pirates as hostis humani generis, or enemies of humanity. Accordingly, all states have jurisdiction and an obligation to prosecute pirates.
The United Nations has taken substantial additional action to combat piracy and other crime at sea. The Security Council has issued a number of resolutions expanding international action against pirates and armed robbery. Likewise, the United Nations Office on Drugs and Crime manages the Global Maritime Crime Programme to strengthen domestic and international efforts to enforce laws against maritime crimes, including piracy. Other multilateral measures, like the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (RECAAP) and the International Maritime Organization, keep records of piracy incidents to aid future endeavors.
While piracy has remained a constant for centuries, its character has changed. It has transitioned from large, hierarchical systems to small, decentralized operations. Oil and fuel have become targets. There is also often a link between piracy and other organized crime, such as drug trafficking. Economic difficulties have driven a recent increase in piracy and this organized crime, solidifying a need for a global solution.
Current Situation
Though piracy and maritime crime have changed, they still constitute a substantial economic threat to the tune of ten billion US dollars every year. Attacks on and seizures of commercial vessels disrupt oceanic shipping, which remains the most popular means of international trade. Theft of goods directly affects trading agents. Smuggling of goods, licit or otherwise, undermines local economies and exacerbates existing inequities. Illegal, unreported, and unregulated (IUU) fishing similarly undermines local fisheries, and further contributes to existing environmental and ecological issues with global fisheries. Finally, all of these issues have a human cost, from direct endangerment of sailors’ lives to human trafficking to indirect human effects. Given their inherently international character, and the wide array of implicated areas, the CCPCJ is uniquely qualified to address these issues.
CURRENT STATUS
Piracy is highly regionalized. It occurs around the world, although it is concentrated in areas like the West Indian Ocean, the seas near the Strait of Malacca, and the East Atlantic along the western coast of Africa. It includes various violent actions against private ships, including hijacking, kidnapping for ransom, and armed robbery.
The international legal community has established robust measures against piracy. UNCLOS and customary international law both recognize that states have universal jurisdiction to prosecute acts of piracy, meaning that any state—not just the state of registration or the nationality of the parties—can prosecute these acts.
In 2018, there were more than 300 documented instances of piracy, affecting more than 4500 seafarers. In 2020, there were 195 documented incidents. In 2022, there were only 115. Although these numbers are decreasing, piracy remains a significant threat to shipping—in fact, preliminary data from 2023 indicate that piracy has increased since 2022. Moreover, the mere fact that it has been decreasing does not indicate that there is nothing more to be done.
Fisheries crime includes illegal, unreported, and unregulated fishing—that is, fishing done in violation of fisheries law, particularly those that restrict where and how many fish can be caught. There are substantial financial benefits to those who fish illegally—INTERPOL projects that some fish can fetch fifty thousand US dollars on certain black markets, and accordingly, fishing expeditions can profit the illegal fishers millions.
While there has been significant international cooperation to combat fisheries crime, there is difficulty resulting from the fact that fishery crimes in law are defined domestically, not internationally, and as a result, there can be conflicts resulting from contradictory law. Nevertheless, the criminal acts themselves are transnational in nature, and therefore justify a global response.
Estimates from different organizations differs, but it appears that IUU fishing constitutes as much as one-fifth of the total global fishing output, and costs the global economy between ten and fifty billion US dollars each year. These losses are concentrated in Asia, Africa, and Latin America.
Fisheries crime also has substantial non-economic impacts, including depletion of natural resources, food security issues, acceleration of corruption, human rights abuses, and further risk to international security.
There are two major areas to address. As the Commission for Crime Prevention and Criminal Justice, this committee must develop solutions to more effectively prevent these maritime crimes from occurring in the first place, and to effectively and equitably prosecute those criminals when crimes do occur.
PREVENTION
Attacking the underlying causes of piracy and these other crimes is an important step to preventing future incidents. Various international organizations have found that weak economies coupled with unstable governments and powerful criminal organizations have cultivated environments favorable to piracy. The COVID pandemic and associated restrictions likely also contributed to an increase in piracy and other maritime crime.
Other preventive measures have proven to be rather effective. The Global Maritime Crime Programme has reported successes in facilitating training, resource allocation, and assessment, and has emphasized cooperation in its publications. Cooperation of foreign navies has resulted in a material reduction in piracy off the coast of Somalia.
Fisheries crime presents unique challenges for this committee to address. For one, as various organizations have pointed out, other crimes like money laundering, corruption, forgery, and fraud often coincide with fisheries crime, so addressing this issue has useful externalities. For another, this area often implicates not just the fishers themselves, but also public officials, executives, and accountants, where it is more difficult for international efforts to reach.
INTERPOL has noted the effectiveness of international cooperation in combating fisheries crime, particularly between law enforcement and intelligence agencies. They have also noted that successful (and unsuccessful) fisheries criminals have attempted to exploit gaps in this international cooperation.
PROSECUTION
Prevention of maritime crime is just one side of the coin. Effective prosecution and punishment of maritime criminals is also an important aspect that should be addressed. While states enjoy universal jurisdiction to prosecute pirates, this designation does not necessarily extend to other maritime criminals. This can make it difficult to effectively prosecute maritime criminals, because states with the proper jurisdiction may be unwilling or simply unable to prosecute violators. For example, in 2010, the foreign minister of Kenya announced that the country would stop prosecuting certain maritime piracy cases because the nation’s judiciary had become “overburdened.” While various international organizations have made efforts to train judges and prosecutors, there is also a balance to be struck—any measure taken should respect national sovereignty.
Effective prosecution of maritime crime faces a number of issues resulting from the fact that any states lack an effective legal framework for the prosecution of maritime criminals. This framework extends from trial courts to appellate courts to the legislature itself: judges and prosecutors are often inexperienced, domestic law may be unclear or inconsistent, local infrastructure may be insufficient to handle the necessary logistics, and national political and prosecutorial goals may be oriented differently, to name a few. Although these prosecutions may, in some cases, be performed internationally, there is yet another balancing act to be performed. While international prosecutions may be more effective, there is also a substantial interest in having states with a greater stake in the issue prosecute maritime criminals.
Due process and other human rights concerns also play a role. Different states have different levels of protection for criminal defendants, and although those accused of maritime crime are sometimes placed almost outside the law, they are still humans entitled to protection. Whatever solution this committee decides upon, it should consider the protections afforded by various legal systems.
CASE STUDY
In early 2013, the MSC Jasmine, a container ship sailing from Oman to Kenya, was attacked by a small boat in an apparent act of attempted piracy. The Jasmine successfully repelled the attack. An American frigate, the USS Halyburton, responded to the Jasmine’s distress call, and subsequently searched the area for the small boat. The Halyburton found the boat, assisted by aircraft, and she then contacted the French warship Surcouf. Various agents apprehended the would-be pirates, who were then brought to Mauritius and tried under Mauritian law for piracy.
At trial, the defendants were initially acquitted, because the trial court (among other things) held that because the individuals’ specific roles could not be identified, they could not be convicted of piracy. However, the government appealed, and after a retrial, the would-be pirates were convicted of piracy.
This incident represents a number of important considerations for this issue. First, it involved a ship registered in Panama, that was owned by an Italian company, which utilized French and American assistance (with additional logistical support from Djibouti) in repelling an attack by Somali pirates, who were eventually convicted by a Mauritian court. The sheer number of states which had an interest in one aspect or another of this incident emphasizes both the international character of maritime crimes like piracy, and the importance of international cooperation at every step—from the international agreements that led to these actions to the direct intervention to the trial itself. Second, it may appear as though this was an example of the system working, but this is not the case. An act of piracy was attempted—meaning preventive measures had failed. The pirates were initially acquitted, arguably on a technicality—meaning the domestic legal system had (arguably) failed. Third, this incident highlights the importance of an effective judiciary in responding to maritime crime. Because this was the first time Mauritius prosecuted anyone for piracy, there was genuine disagreement within the judiciary about what the law actually said about piracy; this might be understood as inexperience with the law or simply unclear laws to begin with. At the same time, the nature of the acquittal suggests an attempt by the courts to balance the state’s (and international community’s) interests in delivering justice with the public interest of respecting due process and ensuring defendants’ rights are respected.
This incident—and others like it—serves as a good starting point to understand what worked and what didn’t. By extension, they serve as instructive examples for what might work well today (and what might not).
CONCLUSION
Maritime crime—whatever form it takes—remains a major threat to the world’s economy, peoples’ livelihoods, and our environment. From piracy to illegal fishing, this committee is uniquely situated to address the broad issues of maritime crime, and take concrete steps to decrease its incidence.
Questions to Consider
What have been the most effective means of maritime crime prevention?
What new steps can the CCPCJ take to more effectively combat piracy and other maritime crimes?
What role should the international legal community play in combating piracy and other maritime crimes?
How can the CCPCJ ensure that maritime criminals are effectively prosecuted, while also respecting their human rights?
How should the CCPCJ deal with the tension between international law and domestic law in resolving these issues?
How can the CCPCJ work with states and other international organizations to effectively develop their domestic legal systems?
Resources
https://www.stableseas.org/post/state-of-maritime-piracy-2018
https://www.interpol.int/en/Crimes/Maritime-crime/The-issues
https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf
https://time.com/piracy-southeast-asia-malacca-strait/
https://www.unodc.org/documents/Maritime_crime/UNODC_GMCP_Briefing_Package_2022_EN.pdf
https://www.unodc.org/res/piracy/index_html/UNODC_Approach_to_Crimes_in_the_Fisheries_Sector.pdf
https://www.interpol.int/en/Crimes/Environmental-crime/Fisheries-crime
Topic 2: International Counterfeiting and Money Laundering
Topic 2: International Counterfeiting and Money Laundering
Counterfeiting and money laundering are intricately related crimes, each with substantial economic, security, and social consequences. With increasing globalization and international trade, individual countries are less and less equipped to tackle these issues on their own, making the CCPCJ uniquely positioned to improve the landscape.
Glossary
Topic History
In the complex landscape of global finance and security, counterfeiting and money laundering stand out as formidable challenges that undermine economies, erode trust, and fuel criminal enterprises. These illicit activities, while distinct, are interconnected in ways that amplify their impact on society. This topic guide discusses the intricate relationship between counterfeiting and money laundering, their implications, the current state of affairs, recent developments, ongoing debates, potential causes, effects, solutions, and the diverse stakeholders involved, including their unique positions in these issues.
Counterfeiting, a practice as old as currency itself, involves the creation of fake money or imitation goods with the intent to deceive and defraud. This illegal activity directly targets the integrity of financial systems, sowing seeds of distrust in the very currencies that underpin economic stability. In this context, the creation of fake currency notes or coins imitating legitimate legal tender poses grave threats to economies. Recent technological advancements have elevated counterfeiting to new levels of sophistication, necessitating innovative detection techniques to safeguard financial systems.
Money laundering, on the other hand, is a process through which illegally obtained proceeds, often derived from criminal activities such as drug trafficking, corruption, and fraud, are laundered to appear legitimate.The objective is to integrate tainted funds into the legitimate financial system, thereby obscuring their origins and evading scrutiny. For example, fraudulent businesses in sectors that are difficult to audit (such as the sale of second-hand, negotiably-priced luxury goods) may be created with artificially inflated profits. Both legitimate and illegitimate money are reported, which allows a means for criminal profits to be used without scrutiny. The implications of money laundering are far-reaching, as it fuels the growth of criminal enterprises, enabling them to further their activities while exploiting legal frameworks.
The nexus between counterfeiting and money laundering is intricate. Counterfeit currency can serve as a tool for money laundering, offering a means to facilitate the integration of illicit funds into the financial system. Criminal networks engaged in counterfeiting often overlap with those involved in money laundering, exploiting shared infrastructure and expertise. This symbiotic relationship enables criminal organizations to profit from both activities, thereby reinforcing their influence and capabilities. Legitimate businesses suffer from the sale of counterfeit goods, impacting revenues and reputations. Money laundering not only empowers criminal enterprises but also perpetuates their growth, posing a direct threat to societal well-being.
In recognition of the urgency to tackle these interconnected issues, the United Nations (UN) has instituted frameworks to combat counterfeiting and money laundering on an international scale. The UN Convention against Transnational Organized Crime (UNTOC), also known as the Palermo Convention, offers protocols to address money laundering and related crimes. Additionally, the Financial Action Task Force (FATF), an intergovernmental initiative of the G7, sets global standards for anti-money laundering efforts.
Current Situation
The eruption of the COVID-19 pandemic accentuated vulnerabilities within global financial systems. The ensuing economic turmoil enhanced the allure of counterfeiting and money laundering. As countries deployed unprecedented fiscal stimulus measures to resuscitate ailing economies, the prospect of rapid currency depreciation and domestic inflation emerged. These conditions, characterized by wavering exchange rates and burgeoning inflation rates, presented an attractive environment for money launderers and counterfeiters.
When a nation grapples with inflation, its currency's value erodes, potentially leading to depreciation. As currency exchange rates fluctuate rapidly, discrepancies arise, enabling criminals to exploit arbitrage opportunities. Money launderers capitalize on these inconsistencies, channeling ill-gotten funds through convoluted financial transactions to exploit the varying values of currencies. As digital financial transactions take on increasing complexity, criminals continue to evolve their approaches to masking illicit funds, often through many transfers in rapid succession.
Counterfeiters, too, find their niche in this environment. Rapid currency depreciation and inflation-driven price hikes incentivize the production of counterfeit money. Counterfeiters exploit the uncertainty surrounding currency values, and the changing values of physical cash, distributing fake money to capitalize on the ensuing financial landscape.
Recent shifts in technology and financial paradigms have introduced new dimensions to the challenges of counterfeiting and money laundering. The increasing digitization of financial transactions and the rise of cryptocurrencies have provided anonymity and efficiency in transferring funds. The borderless nature of the digital world allows criminals to exploit regulatory gaps, making it harder to trace the origin and destination of funds. Moreover, technological advancements in printing and manufacturing have enabled counterfeiters to produce convincing replicas that are difficult to detect, further eroding trust in currency.
Counterfeiting and money laundering stem from a multifaceted interplay of economic incentives, technological advancements, regulatory gaps, and organized criminal networks. Counterfeiting is often driven by the lure of significant profits coupled with the evolving sophistication of printing technologies that enable the creation of convincing replicas. Economic disparities and high demand for cheaper goods, exacerbated by situations like the COVID-19 pandemic, can incentivize the production of counterfeit products, leading to market infiltration. As mentioned previously, the anonymity of financial transactions in the digital age, along with porous regulatory frameworks in certain jurisdictions, provides a fertile ground for obscuring the origins of tainted funds. Moreover, the globalization of trade and finance has facilitated the movement of both counterfeit goods and illicit funds across borders, exploiting weak links in international cooperation and regulatory enforcement. As these developments blur geographical boundaries and challenge traditional monitoring methods, addressing these issues requires adaptive regulatory frameworks, cross-border collaboration, and cutting-edge technological solutions that can keep pace with the evolving tactics of financial criminals. These causes collectively create an environment conducive to counterfeiting and money laundering, necessitating comprehensive strategies to mitigate their far-reaching societal and economic impacts.
Counterfeiting can also be harnessed by certain nations for strategic and geopolitical purposes. A prime example is North Korea, a reclusive regime notorious for employing counterfeiting as a tool of statecraft to advance its political agenda, fund its activities, and circumvent international sanctions. Employing sophisticated techniques, such as the production of near-perfect counterfeit US $100 bills known as "Superdollars," North Korea uses its counterfeit currency program to generate revenue for its regime. This practice directly threatens global security, as the funds generated may fuel its nuclear and missile programs. In response, international efforts involve collaborative intelligence-sharing, diplomatic negotiations, and sanctions to curb North Korea's illicit financial activities, requiring a united front to counter this strategic exploitation of counterfeiting's impact on economies and international stability.
Solutions to these challenges demand a multi-pronged approach. Enhanced international cooperation is crucial to combat the transnational nature of these crimes effectively. Governments must enact and enforce stringent laws against counterfeiting and money laundering, with penalties that deter potential wrongdoers. Technological solutions, such as advanced currency designs and anti-counterfeiting measures, can bolster detection efforts. Financial institutions play a pivotal role by implementing robust due diligence practices to prevent unwitting involvement in money laundering.
The United Nations possesses a pivotal role in addressing the challenges posed by counterfeiting and money laundering on a global scale. The UN can facilitate the exchange of best practices, provide technical assistance, and offer guidance on enacting comprehensive legislation to combat these illicit activities. As individual countries are faced with international trade and find themselves increasingly unable to combat these issues solely within their own borders, the UN’s position as a forum of collaboration is even more critical. The Commission on Crime Prevention and Criminal Justice (CCPCJ) plays a crucial role. The CCPCJ can foster international cooperation by organizing forums for member states to share experiences, challenges, and effective strategies in tackling counterfeiting and money laundering. Additionally, the CCPCJ can play a role in coordinating efforts to enhance law enforcement capacities, improve regulatory frameworks, and strengthen global standards for combating financial crimes. By leveraging its influence, the UN and its specialized bodies like the CCPCJ can galvanize collective action, enabling nations to work together in confronting the multifaceted challenges of counterfeiting and money laundering.
The landscape of countering counterfeiting and money laundering is populated by diverse stakeholders. Governments are tasked with legislating and enforcing regulations. Law enforcement agencies stand as the frontline against these illicit activities. Financial institutions are responsible for implementing measures to prevent money laundering. The private sector, comprising legitimate businesses, has a stake in supporting anti-counterfeiting measures. Civil society organizations advocate for policies that address these issues' societal impacts. Consumers indirectly influence counterfeiting demand by making informed choices. Importantly, international organizations like the UN must guide policy frameworks and encourage cooperation.
In conclusion, counterfeiting and money laundering, although distinct, share a symbiotic relationship that poses significant challenges to global financial systems and security. The UN, along with international organizations like FATF, strives to mitigate these issues through comprehensive policies and standards. Recent developments, such as the rise of cryptocurrencies, add complexity to ongoing debates. Addressing these challenges necessitates cooperation, robust legal frameworks, technological innovation, and proactive engagement from a range of stakeholders. Only through a concerted effort can societies effectively combat the corrosive impacts of counterfeiting and money laundering on economies and social well-being.
Questions to Consider
What regulatory measures can be adopted to address the challenges posed by the rise of cryptocurrencies and their potential use for illicit financial activities?
How can the CCPCJ encourage member states to enact comprehensive legislation against counterfeiting and money laundering while ensuring consistent implementation?
What role can technological advancements play in enhancing detection and prevention mechanisms for both counterfeiting and money laundering?
How can the CCPCJ support capacity-building efforts for law enforcement agencies in different countries to enhance their ability to combat these illicit activities?
What strategies can be employed to address the challenges posed by online platforms and e-commerce in facilitating the trade of counterfeit goods (counterfeiting is, of course, not just limited to currency)?
How can the CCPCJ promote awareness among businesses and consumers about the risks and consequences of engaging with counterfeit currency and money laundering schemes?
What mechanisms can be established to facilitate information sharing and intelligence cooperation among member states to track and disrupt criminal networks engaged in these activities?
Resources
https://www.interpol.int/en/Crimes/Counterfeit-currency-and-security-documents
https://www.investopedia.com/terms/m/moneylaundering.asp
https://www.unodc.org/unodc/en/money-laundering/overview.html
https://cybersixgill.com/news/articles/dark-web-market-counterfeit-currency
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