Individual Criminal Responsibility Beyond the State: Human Trafficking as Both a Transnational and an International Crime

Author(s):  
Nandor Knust ◽  
Kerttuli Lingenfelter
2019 ◽  
Vol 83 (1) ◽  
pp. 39-54 ◽  
Author(s):  
Shahrzad Fouladvand ◽  
Tony Ward

This article looks at human trafficking from a perspective influenced by the ‘vulnerability theory’ developed by Martha Fineman and her associates. It draws particularly on empirical studies of human trafficking from Albania to the UK and elsewhere. It suggests that Fineman’s approach needs to be modified to see the state not only as ameliorating vulnerability, or failing to do so, but as actively creating and using vulnerability to control or exploit its population. The fact that people are placed, for political, social and economic reasons, in situations of heightened vulnerability does not of itself deprive them of agency or responsibility. People should, however, be understood as ‘vulnerable subjects’ whose capacity for autonomy may be lost when they are deprived of supportive social relationships. The implications of this view for the criminal responsibility of trafficking victims are explored.


2020 ◽  
Vol 20 (6) ◽  
pp. 1026-1067
Author(s):  
Cóman Kenny

Abstract A state’s prerogative to legislate for nationality remains subject to international law, with the arbitrary deprivation of nationality prohibited. The human rights implications of statelessness are profound, permeating all aspects of life and resulting in the marginalisation and oppression of those affected. Nonetheless, states have implemented laws depriving particular groups of legal status and making them stateless. In addition to the severe impact on the individual, such targeted discrimination creates a permissive atmosphere of dehumanisation that threatens a group’s existence and has been the precursor to mass atrocity. This article assesses, for the first time, whether individual criminal responsibility could be established for the creation or maintenance of a state policy to arbitrarily deprive a group of its nationality, rendering its members stateless. Based on post-World War ii precedent, it argues that such conduct could constitute a crime under the Rome Statute.


Author(s):  
van Sliedregt Elies

National criminal law has been an important source for drafting provisions of individual criminal responsibility in international law. Notions that we know from national criminal law, such as aiding/abetting, conspiracy and instigation, are used to refer to modalities of criminal responsibility. To gain a better insight into the modalities of participating in international crime as codified in international statutes, they need to be analyzed in light of national criminal law. This chapter discusses five models of participation in crime and international models of participation.


2020 ◽  
Vol 22 (1-4) ◽  
pp. 136-147
Author(s):  
Tamsin Phillipa Paige

The UN Security Council’s response to the Rwanda genocide was a significant moment in history. It changed the face of international law, cementing individual criminal responsibility for atrocities in the canon of international law. It also saw the Security Council respond to mass atrocities without the consent of the state in question in a manner that ran counter to historical practice. But all of these outcomes are haunted by the fact that decisions made by the Security Council in the build up to the genocide served to create the conditions on the ground that allowed genocide to flourish. This intervention conducts a critical discourse analysis of the statements made by the Permanent Five members of the Security Council justifying these decisions in the context of whether Rwanda constituted a ‘threat to the peace’ under article 39 of the UN Charter, concluding that Security Council through its decisions was complicit in the genocide.


1970 ◽  
Vol 1 ◽  
Author(s):  
Justin Mohammed

The road to developing an international institutional capacity to prosecute crimes against humanity, war crimes, and genocide has been a long one, and has in many ways concluded with the establishment of the International Criminal Court (ICC). By looking at the Nuremberg and Tokyo Tribunals, the International Criminal Tribunal for Rwanda (ICTR) and International Criminal Tribunal for the Former Yugoslavia (ICTY), as well as the ICC, this paper traces the evolution of the concept of individual criminal responsibility to its present incarnation. It argues that while the ICC presents its own unique ‘added value’ to the prosecution of international criminals, its application of justice continues to be biased by the influence of powerful states.


2021 ◽  
Vol 10 (5) ◽  
pp. 157
Author(s):  
Elene Lam ◽  
Elena Shih ◽  
Katherine Chin ◽  
Kate Zen

Migrant Asian massage workers in North America first experienced the impacts of COVID-19 in the final weeks of January 2020, when business dropped drastically due to widespread xenophobic fears that the virus was concentrated in Chinese diasporic communities. The sustained economic devastation, which began at least 8 weeks prior to the first social distancing and shelter in place orders issued in the U.S. and Canada, has been further complicated by a history of aggressive policing of migrant massage workers in the wake of the war against human trafficking. Migrant Asian massage businesses are increasingly policed as locales of potential illicit sex work and human trafficking, as police and anti-trafficking initiatives target migrant Asian massage workers despite the fact that most do not provide sexual services. The scapegoating of migrant Asian massage workers and criminalization of sex work have led to devastating systemic and interpersonal violence, including numerous deportations, arrests, and deaths, most notably the recent murder of eight people at three Atlanta-based spas. The policing of sex workers has historically been mobilized along fears of sexually transmitted disease and infection, and more recently, within the past two decades, around a moral panic against sex trafficking. New racial anxieties around the coronavirus as an Asian disease have been mobilized by the state to further cement the justification of policing Asian migrant workers along the axes of health, migration, and sexual labor. These justifications also solidify discriminatory social welfare regimes that exclude Asian migrant massage workers from accessing services on the basis of the informality and illegality of their work mixed with their precarious citizenship status. This paper draws from ethnographic participant observation and survey data collected by two sex worker organizations that work primarily with massage workers in Toronto and New York City to examine the double-edged sword of policing during the pandemic in the name of anti-trafficking coupled with exclusionary policies regarding emergency relief and social welfare, and its effects on migrant Asian massage workers in North America. Although not all migrant Asian massage workers, including those surveyed in this paper, provide sexual services, they are conflated, targeted, and treated as such by the state and therefore face similar barriers of criminalization, discrimination, and exclusion. This paper recognizes that most migrant Asian massage workers do not identify as sex workers and does not intend to label them as such or reproduce the scapegoating rhetoric used by law enforcement. Rather, it seeks to analyze how exclusionary attitudes and policies towards sex workers are transferred onto migrant Asian massage workers as well whether or not they provide sexual services.


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