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CWMUN - New York CCPCJ - University

2020

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History of the CCPCJ

The Economic and Social Council established The Commission on Crime Prevention

and Criminal Justice (CCPCJ) in its resolution in 1992. The commission's priorities

are to create recommendations that will combat crime, cumulate crime prevention

plans, and to ensure fairness of criminal justice administration systems. In resolution

1992/22 the council gave the commission several responsibilities and priorities. This

consisted of fighting to put an end to organized crime, economic crime, and money

laundering. They are also focused on improving urban areas, especially crime

involving the youth. The commission also urges the significance of criminal law in

the protection of the environment. The commission on crime prevention and criminal

justice acts as a governing body for the United Nations Office on Drugs and Crime

Membership

The Economic and Social council elected the 40 state members that the commission is

made up of and the term of office for Commission Members is three years. This

consists of twelve for African States, nine for Asian States, eight for Latin American

and Caribbean States, four for Eastern European States, seven for Western European

and other States (UNODC, 2020). The commission meets annually for a week and

they also meet again for a one-day meeting to discuss administrative matters.

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I) Cyber Crimes

Cyberspace in the 21st century has made criminals ’life easier. It provides them with

instruments to conduct crime that would have been probably unlikely to occur without

access to the network and ICT, for instance, the crime of pedophilia and child

pornography. Developments in encryption and cyberspace technologies have made

industrial espionage, drugs, organs, and arms trafficking, websites ’shutdowns,

distributing pornographic content more accessible and feasible, and the facilitation of

access to the “Dark-net”.

Cybercrime can be defined as an offense

committed through the cyberspace, whether

it is targeting a personal computer such as

the intrusion to a private computer or the

computer of an organization, a "Trojan" and

other viruses transplants. Or being

committed on the world wide web such as

fraud, theft, harassment, gambling,

pedophilia and so forth, conducted on the

network itself. It can be divided into 3 main

categories (for the propose of this BGG) we

will discuss mainly the Cyber dependent

crimes (CDC), Cyber enabled crimes

(CEC), and Child online abuse.

CDC

Mostly referred to as the creation,

dissemination, and deployment of

malware, ransomware, and attacks

on critical national infrastructure

CEC

Can occur offline but can also be

facilitated in the cyberspace,

such as online frauds, purchases

of drugs and money laundering.

Child Sexual Exploitation and Abuse

Can occur on the clear internet,

social media, communication apps

and “Dark-net” forums.

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“Cybercrime is the greatest

threat to every company in the

world” - Ginni Rometty IBM’s CEO.

A study at the University of Maryland

1 has quantified the rate of hacker attacks on

computers with an internet access, finding that a cyber-attack occurs every 39

seconds, while 43% of them are targeting small business2. Countries worldwide, are

aware to the hazards of cybercrimes, however the United Nations telecommunications

agency report published in 2017, shows that only 38% of the countries have published

a security national strategy, and an addition 12% of governments are in the process of

developing one3.

the 2001, Budapest Convention on Cybercrime (BCC)

Crimes defined in the BCC: Article 2 of the BCC defines the illegal access to

computer systems - the access to the whole or any part of a computer system,

without the right to, committed intentionally, with the intent of obtaining computer

data or other dishonest intent, or in relation to another computer system connected;

Data interference, is defined as the intentional damage, deletion, deterioration,

alteration or suppression of computer data without right (a party can require in its

domestic legislation to require the act to result in a serious harm). Offenses related to

child pornography; offenses related to copyright and neighboring rights; The

additional protocol to the BCC, concerning the criminalization of acts of racist and

xenophobic nature committees through computer systems.

1 https://eng.umd.edu/news/story/study-hackers-attack-every-39-seconds 2 https://www.cybintsolutions.com/cyber-security-facts-stats/ 3 https://news.un.org/en/story/2017/07/560922-half-all-countries-aware-lacking-national-plan-cybersecurity-un-

agency-reports

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The United Nations Global Cybersecurity Index (GCI) of 2017

The GCI measures the commitment to cybersecurity for countries worldwide, the

evaluation takes place through five pillars, Legal Measures; Technical Measures;

Organizational Measures; Capacity Building; Cooperation; Legal solutions includes

cybercrime legislation, cybersecurity regulation, and training. Capacity Building

includes R&D programs, public awareness campaigns, national education programs,

and academic curricula, home-grown cybersecurity industry. 134 countries have

answered the survey which shows that 20 countries are in the leading stage in

cybersecurity and are highly committed to the 5 pillars of the GCI, 77 countries are in

the maturing stage developing complex commitment and engaging in cybersecurity

programs, 96 countries have started to make commitments in cybersecurity as the GCI

map shows (figure 4.1.1: GCI Heat Map) most of the countries which haven’t yet

started or are in the very initial stages of engaging in cybersecurity programs and

developing a security strategy, are developing countries as also stated in the United

Nations-led forum on cybersecurity, in 2011, whereas emphasized that developing

countries are the most vulnerable to cyberattacks as a result of a weak surveillance

capacity, and cybersecurity mechanisms.

Estimates show that there will be over 12 billion machine-to-machine devices

connected to the Internet by 2020, and it is possible that cybercrime will be the main

concern in the next decade. It has been already said, many times that cybercrime is a

border less crime, the more the technology advances the more complicated it is to

protect the networks from attacks.

Key Ideas to Consider: The legal perspective of Cybercrime (International and

national legal frameworks)

1. How one defines a cyber offense as an international? What makes a cyber-attack

international?

2. What kinds of legal mechanisms are more efficient than the others? Unified

international law or a domestic prerogative?

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3. Why is it important, or not, that counters will have a legal framework to

enhance cybersecurity and combat cyber-attacks and crimes?

4. How can a cybercrime be defined as an act of aggression?

5. Cyber war

From the perspective of international cooperation, education and awareness

1. How can the un with the member states enhance an international education

plan?

2. What can an educational plan contain?

3. How can developed countries assist developing countries in building

cybersecurity capacity?

4. What is the role of private organization and big corporations, such as Google,

Facebook, Instagram, in combating cybercrimes? Especially when it concerns

child abuse, sexual abuse, racism and xenophobia?

Recommended reading

1. The UNODC website on cyber crime:

https://www.unodc.org/unodc/en/cybercrime/global-programme-cybercrime.html

2. Live cyber-attacks map: https://threatmap.checkpoint.com

3. statistics: https://www.varonis.com/blog/cybersecurity-statistics/

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II) Organ Trafficking Crimes

Poverty and inadequate legal oversight contribute to the existence of illicit organ

trafficking. Poverty characterizes all countries where the black market is

flourishing in organs. But poverty is not the only factor affecting the prosperity

of organ trafficking and some of the poorest countries in the world do not

recognize the phenomenon of organ trafficking.

In India, organ donation is prohibited from a living donor and the law

requires that the donor be a relative, husband or wife, or donor for reasons of

other affinity such as "affection". Indian law does not permit payment to the

organ owner in exchange for taking it, but the law does not prohibit the spouse

even if they donate, so that the organ needs the organ donor to allow payment4.

In the 1970s, a large-scale organ transplantation was developed, thanks to the

enhancement of drugs that prevent organ rejection after transplantation. The

organs that can be taken from a live donor and transplanted into another include

4 VR Muraleedharan, S Jan, SR Prasad, The trade in human organs in Tamil Nadu: the anatomy of regulatory

failure. Health Economics, Policy and Law 2006; 1: 41-57

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kidney, liver, cornea, and lung. Most organ trafficking focuses on the kidneys or

liver.

Until 1994, India was a legitimate and successful organ trade market,

transplant candidates came from all over the world to buy kidneys in India -

which has become one of the world's leading countries in the field. In spite of its

success, cracks in the trading method began to emerge such as cases in which

kidneys were taken from patients without knowing that organs were taken from

their bodies, and in some cases, the patients received significantly lower money

than they were promised. Given the many ethical and moral issues raised by the

trade as stated above, the Government of India has passed a law prohibiting

organ trafficking. Despite the encompassing legislation, the legislation did not

completely prevent organ trafficking in the country5.

Unlike other countries, Iran is the only country where kidney trafficking is

still legal and exists regularly and successfully. Since 1988, there is a regulated

system for organ transplantation in Iran. Kidney sales in Iran are carried out

through two non-profit organizations, which operate with the support of the

Iranian government. Organizations make sure to bring together the organ

vendor and those who need a transplant and organize the necessary tests.

Iranian law prohibits the sale or donation of a kidney to anyone who is not an

Iranian citizen6.

5 The Transplantation of Human Organs Act, 1994. No. 42 of 1994. 6 AJ Ghods and S Savaj, Iranian Model of Paid and Regulated Living-Unrelated Kidney Donation. CJASN 2006;

1: 1136-1145

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The “Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially

Women and Children, supplementing the United Nations Convention against

Transnational Organized Crime” was established for the purposes of preventing

and combating the trafficking in persons, protecting and assisting victims of

trafficking and promoting cooperation among state parties (article 2).

The concept of criminalization drawn by the protocol, guides the member

states to adopt legislations and other measures to establish trafficking in

persons, as criminal offense, when committed intentionally, and to codify the

attempt of trafficking, the concept of accomplice to the offense and solicitation.

While bearing in mind the age, gender and special needs of victims of

trafficking in particular the special needs of children, MSs shall provide the

trafficking victims with an Information on relevant court and administrative

proceedings, to assist with the victims' concerns, legal assistance, in a manner

not prejudicial to the rights of the defense. Consider the implementation of

measures to provide for the physical, psychological and social recovery of

victims of trafficking in persons, including, in appropriate cases, in cooperation

with NGOs, especially, assisting

with an appropriate housing;

consultation and information on

legal and other matters. to provide

Medical, psychological and

material presenting the victims

with employment, educational and

training opportunities.

Among the instrument set out in the protocol, it has established some

measures to control the boundaries which include, inter alia, cooperation,

“Trafficking in persons” "The recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs” (article 1)

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promotion of determination and rules for the control of illicit trafficking of

persons and organs. Among other things, the Protocol states that without

prejudice to international obligations regarding the free movement of people, the

countries to which they are party, the Protocol addresses the need to strengthen

border controls for the prevention and trafficking of illicit human and organ

trafficking.

The Protocol states that States should adopt legislative or other

appropriate measures to prevent, to the extent possible, means of transport and

transport of persons and organs, in accordance with the offenses enumerated in

the protocol. To the extent required and without prejudice to other international

treaties and rules, it is necessary to ensure that entry and exit from countries are

done properly. Each State Party to the Protocol shall take the necessary

measures, in accordance with its internal law, to impose sanctions in cases of

breach of the specified obligation. States should consider denying entry or

revocation of people involved in committing crimes determined in accordance

with the protocol. In addition to all, States Parties will consider strengthening

cooperation between border control agencies, inter alia, by establishing and

maintaining direct communication channels.

Key Ideas to Consider:

1. Even though that in most of the countries worldwide organ trafficking is

prohibited the illicit organ trafficking is taking place daily, how can it be

explained, monitored and prohibited?

2. Apart from the variety of legal instruments, what other measures can be taken?

international or national? Recommended reading

3. “The state of the international organ trade: a provisional picture based on

integration of available information”, Yosuke Shimazono:

https://www.who.int/bulletin/volumes/85/12/06-039370/en/

4. Organ trading in Jordan: Bad news, good news Mohammed I. Khalili

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III. Promoting the practical application of the United Nations

Standard Minimum Rules for the Treatment of Prisoners

(the Nelson Mandela Rules)”

In 1995 the Standard Minimum Rules for the Treatment of Prisoners was

introduced by First United Nations Congress on the Prevention of Crime & the

Treatment of Offenders. It consisted of prison policies and minimum treatment

standards of prisoners and the facilities.

In December 2010 the resolution of Twelfth United Nations Congress on

Crime Prevention and Criminal Justice had requested that the Commission on

Crime Prevention and Criminal Justice to create an Expert group that can share

best practices and international law.

The established Expert group will be intergovernmental and revise the

rules and identify challenges. The United Nations Office on Drugs and Crime was

supporting this revision. In March 2015 the Commission on Crime Prevention

and Criminal Justice brought the revised rules to the Economic and Social

Council for it to get approved then later being adopted to the General Assembly.

In December 2015 during the resolution 70/175, the United Nations Standard

Minimum Rules for the Treatment of Prisoners had some revision done and it is

also now known as the Nelson Mandela Rules.

This was changed to honour the late president of South Africa who spent

27 years in prison while he was fighting for equality and rights. The revision of

the resolution also introduces the idea that there needs to be more promotion on

the conditions of imprisonment and a reminder to society that prisoner and

prison staff are a big part of our society, July 18 is dedicated to this cause and is

used to promote these conditions. It also recalled that the Commission on Crime

Prevention and Criminal Justice reconvened their Expert group where they can

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share and exchange best practice but also acknowledging the challenges faced in

the application of the Nelson Mandela Rules.

During the same resolution 70/175, it suggested that the Commission on

Crime Prevention and Criminal Justice should reconvene the Expert Group to

identify what best practices worked and how well the application of the Nelson

Mandela Rules are being implemented. In December 2016 the resolution entitled

“Human rights in the administration of justice” and entitled “Strengthening the

United Nations crime prevention and criminal justice programme, in particular,

its technical cooperation capacity” welcomed the Nelson Mandela rules and gave

it positive recognition of the importance it provides.

Preliminary Observation 1.

The rules that were made were not created to be a model system but rather a

consensus of the essential elements of best practices for prisoners and the

management of prisons.

Preliminary Observation 2.

It is clear that not all the rules are applicable everywhere, but the practical rules

should be implemented. These countries should be able to implement the

minimum condition that the United Nation deems suitable. This field is

constantly adapting, which is important, as long as it is in harmony with rules.

Preliminary observation 3.

The first section of the rules covers the basic prison matters and management.

The second part of the rules is dealing with special categories.

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Preliminary observation 4.

These rules are not made to regulate these institutions. Also, young prisoners

include any young person who is involved with juvenile courts.

The first 85 rules are on general applications. This includes basic

principles, prisoner file management, separation of categories, accommodation,

personal hygiene, clothing and bedding, Exercise and sport, health-care services,

restrictions, discipline and sanctions, instruments of restraint, searches of

prisoners and cells, information to and complaints by prisoners, contact with the

outside world, books, Retention of prisoners ’property, notifications,

investigations, removal of prisoners, institutional personnel, and internal and

external inspections.

The second set of rules is called RULES APPLICABLE TO SPECIAL

CATEGORIES, part A is Prisoners under sentence. This includes Guiding

principles, treatment, classification and individualization, Privileges, work,

education and recreation, social relations and aftercare. Part B includes two

rules on prisoners with mental disabilities and/or health conditions. Part C has

several rules on Prisoners under arrest or awaiting trial. Part D has one rule on

civil prisoners. Part E also has one rule on persons arrested or detained without

charge.

Recommended reading

1. https://www.unodc.org/documents/justice-and-prison-

reform/Nelson_Mandela_Rules-E-ebook.pdf

2. https://www.un.org/en/events/mandeladay/mandela_rules.shtml

3. https://www.unodc.org/documents/commissions/CCPCJ/Final_bookletCCPCJ.p

df

4. https://www.unodc.org/unodc/en/commissions/CCPCJ/CCPCJ_Mandate-

Functions.html