The primary objective of this Guide on Drafting Legislation to Combat Wildlife Crime (“the Guide”) is to assist States in protecting wildlife by criminalizing serious wildlife offences, as defined in this Guide, thereby enhancing States’ prosecution and criminal justice capacities. The Guide is intended as a technical assistance tool to assist States in reviewing and amending existing legislation and adopting new legislation against wildlife crime in line with the United Nations Convention against Transnational Organized Crime (Organized Crime Convention) and the United Nations Convention against Corruption. Through this, the Guide supports the achievement of two United Nations Sustainable Development Goals. Principally, the Guide relates to Target 15.7 and can be used by States to take urgent action to end poaching and trafficking of protected species of flora and fauna. The Guide also supports the achievement of Target 16.3, promoting the rule of law at national and international levels and ensuring equal access to justice for all. In this regard it is important to highlight that the criminalization of wildlife offences is complementary to and must be built within the broader legal framework to ensure a balanced approach and avoid over-criminalization of minor offences. Access to and trade of wild flora and fauna must be regulated by laws and regulations to, inter alia, ensure their protection. Establishing criminal, civil and/or administrative offences are one mechanism through which States can use laws and regulations to achieve these goals. The appropriate type of liability for each offence will necessarily vary according to the seriousness of the offence and the legal system and culture of the State in question, but States may be required to punish by criminal law serious violations of these wildlife laws and regulations. Grave offences include acts involving organized criminal groups that are unsustainable or injurious to biodiversity or public welfare. The principal internationally agreed and legally binding framework on the international trade in specimens of wild animals and plants is the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). CITES distinguishes between licit and illicit trade of wildlife specimens and provides an international framework for ensuring that trade in wildlife specimens does not threaten their survival.
