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News18
25-05-2025
- Politics
- News18
Defeating Seamless Integration Of Terror & Drugs In Democracies
Last Updated: India needs a model for counter-terrorism adjudication, taking into account the terror problem in all its facets, including narco-terrorism and money laundering Terrorism is senseless violence in which civilians are often the target, like the recent Pahalgam incident in Kashmir. Militant groups that engage in transnational terrorism employ disparate terrorist tactics for several disruptive motives. Their transnational terrorist operations are underpinned by a strategic need to influence intended audiences abroad in achieving their process and outcome goals. Depending on the militant groups' short- and long-term objectives, the type of attack indicates the type of terrorist strategy they will employ. At its core, terrorism is a senseless, violent discourse, aimed at influencing the policies and support of an intended audience beyond the immediate victims. These targeted third-party audiences can include governments (domestic or foreign), opposition political parties, the passive public, and the supporting global religious constituency of the militant group. The major international agreements are: • 1988 UN Drug Convention – United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988) • UN Single Drug Convention – United Nations Single Convention on Narcotic Drugs (1961 as amended by the 1972 Protocol) • UN Psychotropic Substances Convention – United Nations Convention on Psychotropic Substances (1971) • Migrant Smuggling Protocol – Protocol against the Smuggling of Migrants by Land, Air and Sea, supplementing the United Nations Convention against Transnational Organised Crime • Firearms Protocol – Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organised Crime. Significantly, both India and Pakistan are signatories to all these international agreements. In addition, a significant recent initiative is the Global Coalition to Address Synthetic Drug Threats, an international partnership which the United States launched in mid-2023. In September 2024, the United States hosted a Leaders' Summit at the UN General Assembly to mark the first year of the Global Coalition, which now has 164 participating member states and 15 international organisation partners working to disrupt the supply chain for synthetic drugs and detect emerging drug threats. The United States also spurred new global action against the synthetic drug crisis at the High-Level Segment of the UN Commission on Narcotic Drugs (CND) in March 2024, which marked the first time a US Secretary of State attended a meeting of the UN's drug policymaking body. Also, the US Department of State, Bureau of Counterterrorism identifies State Sponsors of Terrorism. Countries determined by the Secretary of State to have repeatedly provided support for acts of international terrorism are designated pursuant to three laws: section 1754(c) of the National Defense Authorization Act for Fiscal Year 2019, section 40 of the Arms Export Control Act, and section 620A of the Foreign Assistance Act of 1961. Taken together, the four main categories of sanctions resulting from designation under these authorities include restrictions on US foreign assistance; a ban on defence exports and sales; certain controls over exports of dual-use items; and miscellaneous financial and other restrictions. Currently, there are four countries designated under these authorities: Cuba, the Democratic People's Republic of Korea (North Korea), Iran, and Syria. Is it not surprising that the name of Pakistan, which is a global hub of narcotics, is significantly missing? The value and utility of all the above agreements, dialogues and pronouncements, are all highly debatable. Western strategic interests are only articulated and protected in these deliberations, but Asian and African countries always get a raw deal. Union Home Minister Amit Shah on February 5 said that the narcotics network is providing support to infiltrators and terrorists in Jammu and Kashmir. He said that there was a need to initiate prompt action with alacrity and rigour against terror funding from the proceeds of the narcotics trade. As J&K continues to grapple with the menace of drug abuse, authorities have revealed that an alarming 1,978 drug-related cases have been registered in 2024-25 alone and over 2,800 persons have been held in connection with them. This is part of a larger crackdown on drug traffickers and suppliers aimed at dismantling the nexus. Notably, drug abuse has picked up in J&K over the last few years. About 14.09 lakh persons in J&K are affected by substance abuse, including addiction to alcohol, cannabis, opioids and inhalants. Around 1,514 cases were registered in 2024, and 2,260 arrests and 274 detentions were made under the NDPS Act. But the ground reality in narcotics enforcement in J&K is disturbing. In February 2025, the Jammu, Kashmir & Ladakh High Court upheld the trial court's acquittal in a case involving the possession of contraband in commercial quantity. The court emphasised that non-compliance with mandatory provisions—such as proper sampling, immediate reporting, and informing the accused of the grounds for arrest—makes the prosecution's case defective. It criticised the lack of diligence in investigations under the NDPS Act, noting: 'Every day, we hear reports of narcotic drugs and psychotropic substances being seized, particularly from the youth. However, it is alarming that many genuine cases under the NDPS Act result in acquittals due to casual, unfair, and flawed investigations." The bench further stressed that 'cases under the NDPS Act are frequently handled by incompetent officers, leading to breaches that weaken prosecution arguments, undermine justice, and erode public confidence in the legal system". This is just one of the many cases in which charges against drug dealers have fallen in court. In the last six years, more than 13,186 persons have been arrested under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. Yet, the official data shows only four convictions have been secured, an abysmally low rate of just 0.03 per cent. Yet, the situation has barely changed, with legal experts and officials arguing the problems run deeper. They point out the law is stringent against drug trafficking, but the burden of proof is higher, requiring highly professional investigations. 'This law is laced with technicalities, and a single contradiction in the statement of witnesses erodes the credibility in the eyes of the law." The above problem, pointed out by the court, stems from inadequate training of investigators. Also, the government needs to bring in different legislation to handle cross-border narco-terror cases. The situations in Punjab and Kashmir are very alarming. In May 2025, the Punjab Police, in Tarn Taran, made a major recovery of 85 kg of heroin near the border village of Gharinda. This is the biggest heroin seizure of 2025 so far, smuggled from Pakistan. Similarly, in May 2025, the Border Security Force (BSF) officials seized heroin valued at Rs 5 crore after intercepting a drone from Pakistan near the international border in Rajasthan's Sri Ganganagar. The consignment, believed to have been sent from Pakistan, was found near the barbed-wire fencing along the international border. On April 2, a crashed drone was found in a field near Chak 11F, Sheikhsarpal Border Post, Karanpur. It contained 500 gm of heroin. On March 20, three kilograms of heroin were recovered near the Rawala area (village 12 KND) by BSF personnel after a drone drop. On May 18, 2025, the BSF successfully crossed a significant landmark of recovering the 100th Pakistani drone, including 111 kg of heroin, 60 weapons, 14 hand grenades and more than 10 kg of high explosives from entering Indian territory. In 2024, the BSF recovered 294 such drones along the Indo-Pak border. Investigations conducted over the past four years have indicated that Pakistan-based terror groups were involved in sending drugs and weapons using drones at different locations along the border in Punjab. No other country in the world is facing such a grave narco-terror problem as India. An array of terror organisations, sporting Arabic names, operates near the India-Pakistan border, with global ambitions and a willingness to export terror and war from their base of operations. Though the recent Operation Sindoor delivered a strong punch, terror forces have not been completely obliterated. They will regroup quickly with continued support from Pakistan, to keep alive the spectre of narco-terrorism, in Kashmir and Punjab. So, it is not sufficient to be on the front lines of combating drug smuggling and making waves with seizures. Combating narco-terrorism in the border states of Rajasthan, Punjab and Jammu & Kashmir needs a new law and a different set of yardsticks. The role of the judiciary in the challenge of fighting terrorism needs complete reconsideration and revision. Can and should the courts decide the proper way to fight terrorism? Will constant judicial interference burden the fight against terrorism? Which law is applicable to counter-terrorist activities and narco-terrorism? Is it the law of war or is it the routine criminal law that needs application? What is the plausible balance between human rights and public safety in this era of terrorism? What India sorely needs is a model for counter-terrorism adjudication, taking into account the terror problem in all its facets, including narco-terrorism and money laundering within the legal context. A possible model is the jurisprudence of the Israeli Supreme Court, developed in recent years. The Supreme Court of Israel has dealt many times with questions regarding the role of the Court in the era of terrorism. Counter-terrorism has become a part of daily reality in Israel, very much like in Kashmir. The approach of the Israeli judiciary is unique in comparison with the judges and courts in other democracies. The different forms of counter-terrorism measures reviewed by the Israeli Supreme Court cover preventive measures such as detention and arrest, assigned residence of inhabitants, house demolitions, and the 'separation fence"; interrogation methods; the course of actual combatant activity; provisions for civil liability of the armed forces; and electoral laws banning candidates who support terror activities. For example, in many cases, following a terrorist attack, the IDF demolishes the house of the terrorist. It does this mainly to deter terrorists. This measure is administrative rather than part of any criminal procedure, and is considered severe because it often results in the loss of housing for an entire family, even though the family may not be involved in the terrorist activity. As a matter of practice, the IDF has also used this tactic in cases where the terrorist died or escaped from the country. In numerous cases, petitioners requested the Israeli Court to cancel these demolition orders. Upon review, the Court ruled that this counter-terrorism method can be used to deter terrorists, but not to punish them, and that no international or domestic law renders the practice illegal. The fact that other people, namely the families of the terrorists, were affected by this action was not found to make the action itself illegal under international law. A few states in India have adopted a similar procedure, which goes by the name of 'bulldozer justice". But the Supreme Court promptly intervened and termed it a 'lawless, ruthless state of affairs", and issued pan-India guidelines. The common man who is facing the brunt of terrorism and narco-terrorism is facing a conundrum, are laws and their interpretations tilted in favour of the terrorists? It is because of the soft approach of the US judiciary that the American government was compelled to establish the detention facility at Guantanamo Bay in 2002 to house individuals designated as 'enemy combatants" and suspected terrorists following the September 11 attacks. This facility, located within the US Naval Station at Guantanamo Bay, Cuba, was intended to hold those captured in the 'war on terror," particularly in Afghanistan and Iraq. The primary reason for its creation was to detain individuals outside the legal framework of the US. India, which is facing aggravated terrorism, needs to think of setting up a similar Guantanamo facility, to circumvent judicial barriers. top videos View all Cicero's aphorism that laws are silent during war should be made valid for all terror cases. The writer is Former Director General, Multi-Disciplinary School of Economic Intelligence, and National Academy of Customs, Indirect Taxes & Narcotics. Views expressed in the above piece are personal and solely that of the author. They do not necessarily reflect News18's views. Location : New Delhi, India, India First Published: May 25, 2025, 19:13 IST News opinion Opinion | Defeating Seamless Integration Of Terror & Drugs In Democracies
The Star
21-05-2025
- The Star
South Africa ramps up efforts to combat environmental and organised crime
Environmental crimes severely endanger South Africa's ecosystems, economy, and communities. To address this increasing threat, strategies focusing on stronger law enforcement and increased global collaboration have been adopted. At the 34th session of the United Nations Commission on Crime Prevention and Criminal Justice (CCPCJ) in Vienna, SAPS social crime prevention head Major-General Thokozani Mathonsi shared the country's experiences with addressing new, emerging and evolving forms of crime, including crimes that affect the environment, smuggling of commercial goods and trafficking in cultural property, and other crimes targeting cultural property. Mathonsi said wildlife poaching and trafficking, marine and coastal offences, destruction of protected areas, and illegal mining of precious metals have major negative impacts across ecological, economic, social, and security sectors. Effective law enforcement against these crimes requires adequate resources and enhanced collaboration to improve detection and prosecution. 'To address this challenge, South Africa established the Environmental Enforcement Fusion Centre (EEFC), which analyses data sets and provides critical evidence, including information retrieved from seized electronic devices. The National Integrated Strategy to Combat Wildlife Trafficking (NISCWT) enhances law enforcement and prosecution collaboration,' Mathonsi said. He said that for South Africa, crimes affecting the environment constitute serious criminal offences and require cooperation among all Member States. In this context, South Africa looks forward to the intergovernmental expert group (IEG) on crimes that affect the environment to identify gaps in the current international legal framework and explore the merits of developing an additional protocol to the United Nations Convention against Transnational Organised Crime (UNTOC). Mathonsi said South Africa is experiencing a significant increase in counterfeit goods, including clothing, liquor, cigarettes, and medicines. This poses a threat to the sustainability of the country's industries. 'To combat this crime, smuggled goods and misdeclared goods should be forfeited and destroyed,' he said. South Africa continues to struggle with cross-border organised fraud, compounded by the emergence of new technologies, making organised fraud detection difficult. 'To combat these crimes, we have adopted a legislative framework to ensure that mechanisms for the seizure and confiscation of assets related to organised fraud are effectively implemented. The police can apply for property preservation orders and asset forfeiture orders,' Mathonsi said. He stated that South Africa's enhanced collaboration between governments and financial institutions at bilateral and regional levels has improved the identification and disruption of organised fraudulent financial transactions through strengthened information sharing. He said a growing threat to criminal justice was the evolution of cybercrime, including artificial intelligence. Addressing this threat demands advanced resources and digital tools frequently lacking in developing nations. 'Member States should strengthen international cooperation by harmonising and aligning their national cybercrime legal frameworks to effectively counter cybercrime. The adoption of the first UN-based legally binding instrument on countering cybercrime would greatly enhance the fight against transnational organised crime and advance international cooperation in eliminating this growing threat.' He reported a rise in extortion-related crimes, like the construction mafia in South Africa. 'Law enforcement agencies have deployed additional capacity to clamp down on extortionists and gangs and established a multi-disciplinary team to investigate and arrest those behind incidents of gang violence and extortion.' Mathonsi added that to effectively combat crime, the police, community, and business sector must collaborate, recognising that it is a shared responsibility. An Interpol representative said the organisation developed a range of capabilities to combat environmental crimes: Interpol deploys global operations to address the transnational nature of crimes that affect the environment. Interpol-supported investigations help countries address the problem of illegal waste export and pollution crime. Interpol's secure I-24/7 communication system is being upgraded to Nexus for faster, structured global information exchange among law enforcement. It will enhance operational cooperation and handling of urgent requests related to financial crime, corruption, and environmental offences. [email protected]
