Peacekeeping, Human Trafficking, and Sexual Abuse and Exploitation

2017 ◽  
Author(s):  
Martina Vandenberg
Keyword(s):  
Sexual Abuse ◽  
United Nations ◽  
Human Trafficking ◽  
Bosnia And Herzegovina ◽  
Central African Republic ◽  
Historical Review ◽  
Trafficking In Persons ◽  
National Courts ◽  
International Response ◽  
Peacekeeping Missions

This chapter provides an overview of human trafficking and other forms of sexual abuse committed by peacekeepers and civilians employed in peacekeeping missions. It opens with a historical review of violations committed by peacekeepers and the current international response to the issue. The chapter introduces relevant international legal instruments, including the UN Protocol to Suppress, Prevent and Punish Trafficking in Persons, and examines the United Nations’ response to various instances of misconduct. Focusing on Bosnia and Herzegovina and the MINUSCA mission in the Central African Republic, the chapter details the consistent failure of national courts to prosecute offenders and the inability of the UN to take action beyond repatriating the offenders. The chapter closes with recommendations for the UN to move beyond prevention work to improve enforcement of peacekeeper conduct policies.

scholarly journals Was Trafficking in Persons Really Criminalised?

10.14197/100 ◽  
1969 ◽  
Author(s):  
Kristiina Kangaspunta
Keyword(s):  
Criminal Justice ◽  
United Nations ◽  
Human Trafficking ◽  
Criminal Group ◽  
Trafficking In Persons ◽  
Criminal Charges ◽  
Women And Children ◽  
The United Nations ◽  
Criminal Justice Response

This paper examines the successes and setbacks in the criminal justice response to trafficking in persons. While today, the majority of countries have passed specific legislation criminalising human trafficking in response to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, there are still very few convictions of trafficking. Using currently available knowledge, this paper discusses four possible reasons for low conviction rates. Further, the paper suggests that due to the heavy dependency on victim testimonies when prosecuting trafficking in persons crimes, members of criminal organisations that are easily identifiable by victims may face criminal charges more frequently than other members of the criminal group, particularly those in positions of greater responsibility who profit the most from the criminal activities. In this context, the exceptionally high number of women among convicted offenders is explored.

Part II UN Core Conventions on Transnational Organised Crime, 8 The UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons 2000

2016 ◽  
Author(s):  
Heintze Hans-Joachim ◽  
Lülf Charlotte
Keyword(s):  
Human Trafficking ◽  
Transnational Crime ◽  
Organised Crime ◽  
International Level ◽  
Trafficking In Persons ◽  
Criminal Networks ◽  
International Response ◽  
Legal Foundation ◽  
The Many ◽  
Modern Day Slavery

As ‘modern day slavery’ and one of the many forms of transnational crime, human trafficking demands an international response. The necessity of countering human trafficking comprehensively becomes apparent when looking at crimes committed, the numbers of people trafficked, and the billions criminal networks make by exploiting the vulnerable. As the pertinent legal instrument at the international level the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons can be considered the legal foundation and impetus for regional and national anti-trafficking legislation and implementing measures. This chapter analyses the UN Protocol and its regulations in detail and critically reflects on its implementation.

scholarly journals HIDDEN AGENDAS? The risks of human trafficking legislation

2016 ◽  
Author(s):  
Ted Leggett
Keyword(s):  
South Africa ◽  
United Nations ◽  
Human Trafficking ◽  
Unintended Consequences ◽  
Trafficking In Persons ◽  
The United Nations

South Africa is a signatory to the United Nations Protocol on Trafficking in Persons, and is likely to draft legislation on the topic soon. But the extent of the problem in South Africa is unclear, and the offences involved in trafficking are punishable under current law. To avoid unintended consequences, care is needed in drafting a new law in this area.

Status of Implementation of the United Nations Trafficking in Persons Protocol 20 Years after the Palermo Convention

2021 ◽  
Vol 3 (4) ◽  
pp. 26-42
Author(s):  
Fabrizio Sarrica
Keyword(s):  
United Nations ◽  
Human Trafficking ◽  
International Community ◽  
Future Prospects ◽  
Significant Progress ◽  
Trafficking In Persons ◽  
The United Nations

Abstract The fight against human trafficking is still one of the most important and demanding challenges for the United Nations. The international community has made significant progress in combating this criminal phenomenon. This has translated into an overall increase in the number of countries with a proper anti-trafficking legislation and an increase in the number of victims detected and traffickers convicted. Twenty years after the adoption of the Protocol, this paper aims to review the progress accomplished and assess future prospects.

scholarly journals Was Trafficking in Persons Really Criminalised?

2015 ◽  
Author(s):  
Kristiina Kangaspunta
Keyword(s):  
Criminal Justice ◽  
United Nations ◽  
Human Trafficking ◽  
Criminal Group ◽  
Trafficking In Persons ◽  
Criminal Charges ◽  
Women And Children ◽  
The United Nations ◽  
Criminal Justice Response

This paper examines the successes and setbacks in the criminal justice response to trafficking in persons. While today, the majority of countries have passed specific legislation criminalising human trafficking in response to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, there are still very few convictions of trafficking. Using currently available knowledge, this paper discusses four possible reasons for low conviction rates. Further, the paper suggests that due to the heavy dependency on victim testimonies when prosecuting trafficking in persons crimes, members of criminal organisations that are easily identifiable by victims may face criminal charges more frequently than other members of the criminal group, particularly those in positions of greater responsibility who profit the most from the criminal activities. In this context, the exceptionally high number of women among convicted offenders is explored.

Power in Peacekeeping by Lise Morjé Howard

2020 ◽  
pp. 99-100
Author(s):  
Natasha Khan
Keyword(s):  
Conflict Resolution ◽  
International Relations ◽  
United Nations ◽  
Civil Wars ◽  
Central African Republic ◽  
Verbal Persuasion ◽  
Peacekeeping Operations ◽  
Un Peacekeeping ◽  
Novel Approach ◽  
Peacekeeping Missions

Howard is an experienced scholar in the fields of international relations, civil wars, peacekeeping and conflict resolution. She has authored several works on peacekeeping such as Learning to Keep the Peace? United Nations Multidimensional Peacekeeping in Civil Wars (2001), and UN Peacekeeping in Civil Wars (2007). Her recent work, Power in Peacekeeping, takes a novel approach to explore UN Peacekeeping Operations. This book makes a case for looking at the dynamics of power in peacekeeping missions and exploring how peacekeepers wield their authority in peacekeeping missions. The author suggests that while most studies on peacekeeping document empirical accounts of the successes and failures of PKO’s, it can prove beneficial to understand what kind of powers peacekeepers wield on the ground. These powers are grouped into three major categories: financial and institutional inducement, verbal persuasion, and coercion. The author further categorizes these into, persuasion in Namibia, financial inducement in southern Lebanon and coercion in the Central African Republic. Acting as part of a journalist team, the author has first-hand experience in the areas explored in the book and offers detailed accounts backed by existing research in the field of peacekeeping.

scholarly journals Incorporating the United Nations Protocol on Trafficking in Persons in the Malaysian Legal Framework

2016 ◽  
Author(s):  
Khairil Azmin bin Mokhtar ◽  
Zuraini binti Ab Hamid
Keyword(s):  
United Nations ◽  
Human Trafficking ◽  
Action Plan ◽  
Legal Framework ◽  
Trafficking In Persons ◽  
National Action Plan ◽  
Department Of State ◽  
Legal Response ◽  
The Us ◽  
Women And Children

The international framework of anti-human trafficking has become the main guiding framework for countries around the globe in combating the crime. The issue of human trafficking was brought to global attention mainly by the Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children. The UN Protocol provides a standard approach to state parties in combating human trafficking. The approach is known as “3Ps” model which aim to prevent the crime, to protect the victim and to prosecute the perpetrator. In spite of the creation of Anti-Trafficking National Action Plan (NAP) in 2012 and the passing of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM 2007) by the Malaysian government in the US Department of State Trafficking in Persons Report 2014 (TIP) it is stated that “3Ps” approach is lacking in the Malaysian legal framework. This paper analyses whether Malaysia’s legal response through its Anti Trafficking in Persons and Smuggling of Migrants Act 2007 and other relevant legislation are in compliance with the Protocol. In this study it is found that there are many aspects of rights and protection still wanting within the legal framework of human trafficking in the country. Reformation of Malaysia’s legal framework in combating human trafficking is much needed to ensure its compliance with the international framework and in order for the local enforcement agencies to be more successful in combating the crime.

scholarly journals Punishment of Criminals of Trafficking in Persons: Legal Perspective on International Guidelines and Indonesian Practices

2021 ◽  
Vol 10 ◽  
pp. 675-679
Author(s):  
Farhana Farhana ◽  
Keyword(s):  
United Nations ◽  
Human Trafficking ◽  
International Community ◽  
Point Of View ◽  
Practical Implementation ◽  
Trafficking In Persons ◽  
Transnational Organized Crime ◽  
Theoretical Contribution ◽  
Mitigating Factors ◽  
Drugs And Crime

The background of this study is that penalization is not only oriented towards the perpetrators of crimes of trafficking in persons but also oriented to the interests of victims and the community so that criminal justice aims to integrally protect various interests. The study aims to identify the punishment of criminals of trafficking in persons based on the interests of victims in Indonesian court practices as outlined by some regulations and the international community as outlined by the United Nations Office on Drugs and Crime (UNODC) and United Nations Convention Against Transnational Organized Crime (UNTOC). Considering that the study is a transnational crime, the point of view used in this study is clear to analyse the perspective of the national community and the ‎international community. Hence, the standard ‎measuring instrument used the perspective of international justice and its practical implementation by the Indonesian court. By using the library research method, the results showed that trafficking crimes are considered serious crimes by the international community. In regulating human trafficking, every country has laws regarding trafficking crimes by the applicable legal system. The theoretical contribution of this study is that each human trafficking crime case has different characteristics due to the condition of the perpetrator, the victim, the situation when the trafficking crime was committed. Therefore, as a practical contribution, the Indonesian court considers these factors which can be considered as a weighting or a reduction in sentence. The problem is incriminating and mitigating factors that must be considered in imposing penalties against traffickers. The study offers originality in investigating the factors which are burdensome and mitigate in imposing crimes against traffickers. The findings underline the principle of criminalization as the basis for imposing penalties on perpetrators of trafficking in persons by taking into account the factors of weighting and mitigation of punishment, in which the proportional principle takes precedence in addition to the other principles.

scholarly journals The Canadian Criminal Code Offence of Trafficking in Persons: Challenges from the Field and within the Law

2015 ◽  
Vol 3 (1) ◽  
pp. 88-102 ◽  
Author(s):  
Julie Kaye ◽  
Bethany Hastie
Keyword(s):  
Criminal Justice ◽  
United Nations ◽  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Code ◽  
Trafficking In Persons ◽  
Canadian Criminal Code ◽  
The United Nations ◽  
The Law

Despite early ratification of the United Nations Trafficking in Persons Protocol, the <em>Criminal Code</em> offence of trafficking in persons in Canada has received little analytical or interpretive attention to date. Adopted in 2005, this offence has resulted in successful convictions in a limited number of cases and criminal justice authorities have continued to rely on alternate or complementary charges in cases of human trafficking. In particular, prosecutions for cases involving non-sexual labour trafficking remain extremely low. This article provides a socio-legal examination of why the offence of trafficking in persons in Canada is under-utilized in labour trafficking cases. Based on an analysis of data generated from 56 one-on-one interviews gathered from a variety of actors involved in counter trafficking response mechanisms and a legal examination of the key components of the offence, we argue that definitional challenges have resulted in narrow understandings and problematic interpretations of the Criminal Code offence. Such narrow interpretations have resulted in restricted applicability, particularly in cases of labour trafficking. More broadly, the article points to the need to address the limitations of the <em>Criminal Code</em> while formulating responses to trafficking that are not dependent on criminal law.

scholarly journals UNwilling or UNable? The United Nations and the recurrent problem of sexual abuse

2021 ◽  
Vol 106 (3) ◽  
pp. 315-330
Author(s):  
Sandra Egelström
Keyword(s):  
Sexual Abuse ◽  
United Nations ◽  
Sexual Violence ◽  
Central African Republic ◽  
State Crime ◽  
Sexual Assaults ◽  
Peacekeeping Forces ◽  
The United Nations ◽  
The One ◽  
Definition Of

AbstractSince its establishment in 1945, the United Nations has grown to become a powerful intergovernmental body enjoying respect and legitimacy among a large part of the international community. Unfortunately, since the 1990s there have been recurrent problems with the organization’s peacekeeping forces being accused of sexual violence against the very people they are supposed to protect. In this article, the UN’s management of events in the Central African Republic (CAR) in 2014 and its inability to put an end to the sexual assaults committed by its representatives have been used to explore whether the organization could be accused of a state crime – under the presumption that the UN can be equated with a state. To do this, the definition of state crime and the complicity continuum developed by Kauzlarich, Mullins and Matthews (2003) are used to evaluate the UN’s actions in relation to the events in the CAR. The responsibilities of the UN in situations like the one in the CAR are examined and discussed.AbstractFörenta nationerna har sedan starten 1945 utvecklats till en mäktig mellanstatlig organisation som åtnjuter respekt och legitimitet från majoriteten av det internationella samfundet. Dessvärre har det, sedan 1990-talet, vid upprepade tillfällen uppdagats att organisationens fredsbevarande styrkor anklagats för sexuellt våld mot just de grupper som de är satta att beskydda. I denna artikel användes organisationens hantering av händelserna i Centralafrikanska republiken (CAR) under 2014, samt dess oförmåga att stoppa sexuella övergrepp utförda av dess företrädare, för att undersöka om FN kunde anklagas för en statligt brott, under förutsättning att organisationen kan likställas med en stat. För detta användes Kauzlarich, Mullins och Matthews (2003) definition av statlig brottslighet, samt det complicity continuum som de utvecklat, för att utvärdera FN:s åtgärder under händelserna i CAR. FN:s ansvar i situationer som det i CAR problematiseras och diskuteras.

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