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Results for human trafficking (international)

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Author: van Beinum, Jenny

Title: Human Trafficking in International Criminal Law: Pulling the trigger of international jurisdiction

Summary: The aim of this essay is to determine whether human trafficking can or should be regarded as an international crime, triggering international criminal jurisdiction. Current international criminal law has a limited scope. Article 5 of the Statute of the ICC (hereinafter referred to as the ‘Rome Statute’ or the ‘ICC Statute’) gives a limitative list of crimes triggering the jurisdiction of the International Criminal Court (hereinafter referred to as the ‘ICC’ or the ‘Court’). Article 7 in turn provides us with a non-exhaustive list of crimes that can be considered as ‘crimes against humanity’. Answering the question whether human trafficking can trigger international jurisdiction will lead down two paths. The first one is to look at international criminal law as it is now applied and assess whether the crime of human trafficking fits into the existing categories of international crimes, more specifically whether it can be categorized as a crime against humanity. The concept of crimes against humanity and their distinctive legal features will be discussed in this light and applied to the nature and features of the crime of human trafficking. Secondly, on a more theoretical level, different theories on justifying international criminal law will compared to see whether human trafficking can trigger international intervention and pierce the veil of state sovereignty. Even though this essay will look at whether or not it is possible to have international jurisdiction over human trafficking, it does not touch upon the question if it is desirable that human trafficking is tried internationally. The desirability of the international prosecution of crimes is a whole different subject that exceeds the scope of this essay. The main focus in the following chapters will be on the possibility of international adjudication of human trafficking under current international criminal law and legal theories. This essay starts with two descriptive chapters. Chapter 1 gives the legal definition of the crime of human trafficking and Chapter 2 will discuss its scope and nature. These descriptive chapters will prove useful and necessary at a later stage however, they will not provide a sufficient basis to say whether or not the crime of human trafficking is severe enough to be qualified as a crime against humanity. Neither the definition nor the scale of the crime says anything about the nature or the gravity of the offence. Classifying or qualifying the crime of human trafficking as an international crime merely on the basis of its definition or scale would lead to the adoption of a quantitative criterion for international crimes. Applying such a criterion is very undesirable and should be avoided at all costs because evils simply cannot be compared.2 Therefore, instead, Chapter 3 will first dwell upon the question what turns a crime into a crime against humanity. In search of a non-quantitative approach, the legal theories of Larry May and David Luban will be used to assess what constitutes a crime against humanity. Chapter 4 will then focus on justifying international criminal law by discussing various legal theories on this subject. In the final chapter, Chapter 5, the findings from the previous chapters will be used to answer the central question of this essay. The distinctive legal features of crimes against humanity as outlined under chapter 3 will be compared to those of the crime of human trafficking as described under Chapters 1 and 2, and the legal theories discussed under Chapter 4 will be applied to the crime of human trafficking in order to conclude whether human trafficking can pull the trigger of international criminal jurisdiction.

Details: Amsterdam: Strafrecht of the University of Amsterdam, 2013. 63p.

Source: Internet Resource: Thesis: Accessed May 4, 2013 at: http://dare.uva.nl/document/477415

Year: 2013

Country: International

URL: http://dare.uva.nl/document/477415

Shelf Number: 128665

Keywords:
Human Trafficking (International)
Sexual Exploitation

Author: Martens, Jonathan

Title: Counter Trafficking and Assistance to Vulnerable Migrants. Annual Report of Activities 2011

Summary: IOM continues to fight against the exploitation of migrants in all its forms, especially the severe human rights violations suffered by trafficked persons. Through the implementation of its Assistance to Vulnerable Migrants (AVM) programmes and projects, IOM has assisted more than 26,000 trafficked persons and exploited migrants since 1997. In 2011, IOM implemented 220 AVM projects in 94 countries throughout the world. These projects included a broad range of activities, such as institutional capacity building, dialogue and cooperation, data collection and research, evaluations, and direct assistance to trafficked persons and exploited migrants. In this first annual report of AVM activities, prepared by the Migrant Assistance Division (MAD), we will focus on IOM’s direct assistance to trafficked persons and vulnerable migrants, in particular the provision of voluntary, safe, and sustainable return and reintegration assistance. The report brings together internal data from more than 150 IOM Missions around the world in an effort to reflect our protection and assistance activities and to identify promising practices.

Details: Geneva, SWIT: International Organization for Migration, 2012. 112p.

Source: Internet Resource: Accessed May 13, 2013 at: http://www.iom.int/files/live/sites/iom/files/What-We-Do/docs/Annual_Report_2011_Counter_Trafficking.pdf

Year: 2012

Country: International

URL: http://www.iom.int/files/live/sites/iom/files/What-We-Do/docs/Annual_Report_2011_Counter_Trafficking.pdf

Shelf Number: 128715

Keywords:
Forced Labor
Human Trafficking (International)
Immigrants
Immigration
Sexual Exploitation

Author: Berkeley Policy Association

Title: Evaluation of the International Organization for Migration and its Efforts to Combat Human Trafficking

Summary: This report presents the findings of an evaluation of the International Organization for Migration (IOM) and its efforts to combat human trafficking. The evaluation gives in our view a balanced insight into strengths and weaknesses of the single largest collaboration partner for the Ministry of Foreign Affairs on this topic. During the period 2000-2010 IOM received approximately NOK 89 million to its counter trafficking work. IOM staff is regarded as “highly skilled” and “very supportive.” The report highlights capacity-building, awareness-raising, and victim support as areas where the organization has been successful. The work with victims has not only enabled the organisation to support structures to assist those in need, but has also provided insights into the trafficking problem which have informed other initiatives. This does not mean that there is no room for improvement. At this point, it is important, that IOM focuses on strengthening its internal processes including those relating to how progress is measured, which lessons are captured and feed into future programmed development and particularly those relating to ensuring that IOM’s expressed commitment to human rights consistently translates into practice. Furthermore IOM is recommended to increase collaboration with other organisations in order to reduce overlap between its counter trafficking activities and the work of other organizations. Although IOM’s internal view is that a major strength of the organization is being able to address all aspects of trafficking, staff of organizations outside of IOM did not agree and commonly expressed the concern that IOM’s attempt to address all areas of counter-trafficking exceeds IOM’s mandate. With regard to Norway, the major recommendation is to increase the timeframe of project funding. Today IOM’s work is funded on a project-by-project basis – referred to as projectisation – with only three percent of overall funds coming from core operational resources. One consequence of this form of funding is that IOM tends to create projects in response to donor requests, rather than having a more systematic frame or criteria for determining when and how to allocate resources to countries or programmes.

Details: Oslo, Norway: Norad (Norwegian Sgency for Development Cooperation, 2011. 196p.

Source: Internet Resource: Accessed May 15, 2013 at: http://www.iom.int/jahia/webdav/shared/shared/mainsite/activities/ct/Evaluation-IOM-CT.pdf

Year: 2011

Country: International

URL: http://www.iom.int/jahia/webdav/shared/shared/mainsite/activities/ct/Evaluation-IOM-CT.pdf

Shelf Number: 128742

Keywords:
Human Trafficking (International)
International Organization for Migration
Sexual Exploitation

Author: Potrafke, Niklas

Title: Policies against Human Trafficking: The Role of Religion and Political Institutions

Summary: I investigate empirically the role of religion and political institutions in policies against human trafficking, using the new 3P Anti-trafficking Policy Index. The dataset contains 175 countries. The results show that governments in countries with Christian majorities implement stricter anti-trafficking policies than countries with Muslim majorities. The differences between countries with Christian and Muslim majorities is pronounced in dictatorships but less so in democracies. The influence of religion on the overall 3P Anti-trafficking Policy Index is driven by protection and prevention policies. As compared to prosecution policies that mainly target the perpetrators of human trafficking, protection and prevention policies mainly protect the victims of human trafficking, i.e. predominantly women. The conclusions are consistent with other empirical findings regarding the association between religion, political institutions, and human development.

Details: Munich: Center for Economic Studies & Ifo Institute, 2013. 43p.

Source: Internet Resource: CESIFO WORKING PAPER NO. 4278: Accessed July 17, 2013 at: http://ideas.repec.org/p/ces/ceswps/_4278.html

Year: 2013

Country: International

URL: http://ideas.repec.org/p/ces/ceswps/_4278.html

Shelf Number: 129423

Keywords:
Human Rights
Human Trafficking (International)
Religion