IUCN@UNODC Expert Meeting on Crimes that Affect the Environment

The meeting convened over 75 States and 10 international organizations, with around 250 experts, to advance the ratio legis of Resolution 12/4 of UNTOC COP 12, entitled “Enhancing measures to prevent and combat crimes that affect the environment falling within the scope of the United Nations Convention against Transnational Organized Crime”. 

The expert group was mandated to:

1. Take stock of the application and collective implementation of the Organized Crime Convention in addressing such crimes;

2. Identify gaps that may exist in the international legal framework and that could be addressed under the Convention to prevent and combat such crimes;  

3. Consider possible responses relevant to those gaps, including the possibility, feasibility and merits of any additional protocol to UNTOC.

Stocktaking Progress: Sharing National Experiences and Best Practices

States shared diverse practices in tackling environmental crimes. Burkina Faso outlined measures against wildlife trafficking and hazardous chemical smuggling linked to illegal mining, stressing statutory frameworks, inter-agency cooperation, and civil remedies for environmental harm. Peru emphasized the rising role of organized crime in illegal mining, noting that illicit financial flows from such activities had surpassed those from drug trafficking in 2024. Speakers underscored that environmental crimes often go under-recognized despite their serious ecological, social, and security impacts.

Experts highlighted that crimes affecting the environment often intersect with other forms of criminality, including corruption, money-laundering, fraud, drug trafficking, and illegal firearms trade, thereby falling squarely within the corpus juris of transnational organized crime. Yet, due to inconsistent criminalization and inadequate penalties, many acts fail to qualify as “serious crimes” (Article 2(b) UNTOC), impeding extradition, mutual legal assistance (MLA), and prosecution.

Identifying Legal Gaps

Several gaps in the international legal framework were highlighted, inter alia:

• Lack of harmonized definitions for environmental crimes, undermining cooperation erga omnes;

• Insufficient penalties under national law to classify certain environmental crimes as “serious crimes” under UNTOC;

• Limited mechanisms for international cooperation, including mutual legal assistance, extradition, and joint investigations;

• Weak liability provisions for legal persons benefiting from environmental crimes;

• Absence of frameworks for environmental restoration, remediation, or reparation (restitutio in integrum);

• Fragmentation between lex specialis multilateral environmental agreements (MEAs) and UNTOC, leave significant enforcement gaps.

Exploring Responses: The Case for a New Legal Instrument

Experts considered options for addressing these gaps, including the possibility of developing an instrumentum novum – an additional protocol to UNTOC on crimes that affect the environment. Key elements proposed for such a protocol include:

• Comprehensive and flexible definitions of crimes that affect the environment, including wildlife trafficking, forest crimes, fisheries crimes, illegal mining, waste trafficking, and pollution;

• Robust corporate liability and supply chain transparency obligations;

• Enhanced international cooperation through MLA, joint investigations, extradition, and real-time data sharing;

• Provisions to trace, freeze, seize, and confiscate criminal proceeds (proceeds of crime doctrine);

• Safeguards for whistle-blowers, environmental defenders, and local communities;

• Mechanisms for environmental remediation, restorative justice, and compensation for victims;

• Alignment with existing MEAs to ensure complementarity and avoiding duplication;

• A robust, independent review mechanism to monitor implementation, remedying the absence of compliance monitoring under UNTOC.

While some States advocated strengthening existing tools, others argued that only a new legally binding instrument could close enforcement gaps. Many countries supported the development of one or more protocols, though some expressed concerns about feasibility, political will, and potential overlap with existing instruments. Participants emphasized that ongoing discussions reflect growing international momentum and interest in stronger legal frameworks to combat environmental crime.

IUCN's Contributions to the Expert Group

IUCN contributed legal and policy expertise to the discussions under Agenda Item 3 on gaps in the current legal framework, stressing the need for a universal framework to prevent forum shopping by criminal networks. Key messages included: 

• Fragmented definitions and uneven enforcement create lacunae juris enabling transnational networks to exploit jurisdictional loopholes;

• Criminalization gaps impede Article 3 applicability under UNTOC;

• Remedies remain inadequate without reparatio or ecological restoration;

• Lack of global center of gravity (forum juris) to advance cooperation and accountability;

• Existing instruments (UNTOC, CITES, MEAs) are lex generalis or not designed to counter organized transboundary crimes that affect the environment;

• A new legally binding instrument – whether a conventio sui generis or protocol to UNTOC — is needed to close gaps, support MEAs implementation, and strengthen accountability.

• Future efforts should prioritize protection of environmental defenders, inclusive participation, and enhanced international cooperation.

UCN’s engagement in this process, guided by a suite of relevant Resolutions and Recommendations – including calling to recognize environmental crime as a serious crime (Resolution 7.038), to combat wildlife trafficking (Resolutions 7.040, 7.047, 7.054, 7.059, 7.090 and 7.103, to strengthen mechanisms to fight environmental crime (Resolutions 6.070 and 6.076), including during armed conflicts (Resolutions 7.042 and 4.097), and to integrate human rights dimensions (Resolution 7.115 and 6.025), is closely aligned with the 2026–2029 IUCN Programme (draft) and new Motions proposed for the 2025 IUCN World Conservation Congress in Abu Dhabi.

Next Steps

As environmental crime continues to threaten ecosystems, biodiversity, and human well-being, the Vienna meeting represents a significant step toward international collaboration, harmonized legal frameworks, and innovative responses to transnational environmental crimes. A follow-up meeting is anticipated in early 2026.