Narco-terrorism is no longer an abstract or hypothetical threat, but rather a direct attack against International Law, United Nations (UN) principles, and the laws of individual countries. This is evident in both the indictment by the United States against members of the Venezuelan leadership and the use of drugs for financing terrorist activities within Pakistan, indicating drugs are being now used as hybrid weapons against the stability of nations.
Narco-terrorism is not just a matter of security; it is a profound challenge to the existing International Legal Order. Narco-terrorism is among the most serious types of transnational crimes in the world today and, like other transnational crimes, can only be confronted through accountability and institutional integrity, not via military force only.
International Law has previously viewed drug trafficking and terrorism as separate categories of crime; however, the nexus between both has developed into a new global phenomenon. The 1988 United Nations Convention on Illicit Drug Trafficking and follow-on resolutions regarding the fight against terrorism, clearly state that the use of narcotics as sources of funding for terrorist activities is considered a serious threat against Global Peace.
Narco-terrorism develops in countries where State Authority/Institution is weak (i.e., instability) and where national borders are porous. It is in these kinds of countries, in areas of Lawlessness, that drugs no longer constitute an illegal “trade”, but instead become strategic weapons.
This historic case shows that international criminals cannot conceal their acts by claiming to be part of a sovereign state. The U.S.A. vs. Nicolas Maduro Moros is a clear precedent for how to prosecute and hold accountable those who violate international law. Additionally, this case demonstrates that narco-terrorism is not limited to just non-state actors, but can thrive in this manner when connected with Political and State actors.
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In Pakistan; narco-terrorism is not a hypothetical point of discussion but a very real, painful part of the current environment. For many years, Pakistan has served as a transit location for one of the largest drug-producing areas in the world, specifically; Afghanistan, due to the geographic proximity of both countries. Numerous terrorist groups operating in Pakistan utilize this drug revenue to recruit and/or fund, purchase weapons, and conduct subversive activities.
Fortunately, Pakistan has a very stable legal framework that can deal with the issue of narco-terrorism adequately viz, the Control of Narcotic Substances Act (CNSA) 1997 and the Anti-Terrorism Act (ATA) 1997. Unfortunately, the fundamental challenge Pakistan faces is the ability to effectively implement this framework while maintaining institutional integrity.
The activities of narco-terrorism directly violate large components of the fundamental principles established by the United Nations, which includes the prohibition of financing terrorism; the eradication of transnational organized crime; and the role of a responsible international state. The narcotics funding system has become a major artery for sustaining the narco-terrorism ecosystem. When institutions designed to enforce law and border integrity are weak or subjected to political influence, those networks that fund narco-terrorism thrive through a system of globalization.
Narco-terrorism cannot be addressed through military action or borders alone. Narco-terrorism will continue to exist, even when negated through military action and border security enforcement, because narco-terrorist groups utilize the global economic structure, international banking systems, and global networks (such as the internet), to promote their goals. The solution to this crime is to establish a system of law and global accountability to stop the flow of funds from narcotics and terrorism.
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In addition, Pakistan should also develop a structure for its anti-narcotics and counter-terrorism agencies. Such structures should be independent of political pressure; enhance their capacity for judicial and investigative enforcement; and utilize financial intelligence in their criminal investigations. These structures will allow Pakistan to truly combat narco-terrorism.
Narco-terrorism is used to undermine the state by making use of illicit narcotics as a weapon of terror. Examples of this include the situation in Venezuela and the problems that Pakistan has faced with drug traffickers. It is the viewed that the curbing of narco-terrorism is not only possible through government force, but also through the use of the rule of law and judicial systems to combat this growing global crime of narco-terrorism and to bring it under control.
Warfare has changed from traditional methods of engagement to hybrid forms of engagement. As such, the law has become a possible “weapon” that can assist in combating drug related and gang activity. The choice for both Pakistan and the rest of the world is to accept that the crime of narco-terrorism is a criminal act that crosses all national boundaries and is a serious global threat, or to allow it to continue unchallenged and consequently lose their ability to obtain justice and maintain peace and sovereignty.
*The views presented in this article are the author’s own and do not necessarily reflect the views of The Diplomatic Insight.
