A Dose of Accountability: Fixing Treaty Enforcement to Combat State Complicity in Transnational Illicit Fentanyl Trafficking

By: Caitlin Sharma

PDF: A Dose of Accountability

The international fentanyl crisis underscores significant gaps in treaty enforcement, particularly with state accountability for drug manufacturing and export practices leading to illicit fentanyl trafficking. Despite preventive measures established by United Nations drug conventions, legal loopholes in these provisions impede meaningful cooperation between state parties. This Note uses key countries, including the United States, Canada, Mexico, China, and India, as case studies in both producing and receiving fentanyl and its precursors. It evaluates current proposals to mitigate the crisis, such as enhanced international cooperation and the potential expansion of the International Criminal Court’s jurisdiction. However, these solutions remain insufficient due to jurisdictional limitations and inconsistent state cooperation. This Note ultimately proposes the creation of a specialized Illicit Drug Trade Tribunal (IDTT) to address state disputes, ensuring binding arbitration and improved treaty enforcement. By aligning state interests with legal accountability, the IDTT presents a sustainable mechanism to curb fentanyl trafficking and its devastating global impact.