Examining the Challenges of Implementing States’ Human Rights Obligations and the Obligation to Combat Transnational Organized Crimes

Abstract

One of the applications of international legal rules and regimes is to address the challenges faced by the international community. Although, in most cases, it is possible to simultaneously implement these rules and obligations, certain situations may involve a single issue being linked to more than one legal regime. In such cases, both alignment and conflict between legal regimes are conceivable. Transnational organized crimes have emerged as one of the challenges of international law, and combating them has gained greater importance due to their association with international terrorism. Addressing transnational organized crimes requires comprehensive measures, including both suppression and prevention. These measures may highlight potential conflicts between the obligations of two legal regimes: human rights rules and regulations and the rules governing the fight against transnational organized crimes within the framework of human rights treaties and the Convention against Transnational Organized Crime (commonly referred to as the Palermo Convention). This article examines certain aspects of combating transnational organized crimes that may conflict with states’ human rights obligations. The article concludes that, given the current structure of international law, there is potential for conflict with states’ human rights obligations in the realm of preventive measures. Therefore, a human rights-based approach must be adopted in this combat.