Article 12 of the EU Human Trafficking Directive: Fulfilling Aspirations for Victim Participation in Criminal Trials?

2016 ◽  
Vol 7 (3) ◽  
pp. 331-349 ◽  
Author(s):  
Julia Muraszkiewicz
Keyword(s):  
Human Trafficking ◽  
Criminal Trials ◽  
Victim Participation ◽  
The Eu

scholarly journals ENFORCING JURISDICTION AGAINST VESSELS SUSPECTED OF MIGRANT SMUGGLING AND HUMAN TRAFFICKING

2018 ◽  
Vol 20 (8) ◽  
pp. 19
Author(s):  
Fernando Alfaro Martínez
Keyword(s):  
Human Rights ◽  
South America ◽  
Human Trafficking ◽  
Humanitarian Crisis ◽  
Military Operation ◽  
Migrant Smuggling ◽  
The Future ◽  
The Eu

Analysis of the results of EUNAVFOR MED Operation Sophia since the beginning of its activities in June 2015, aiming to assert the level of achievement of its goals and conclude whether the establishment of a military operation was the best option to tackle a humanitarian crisis, as well as what have been the outcomes of the Operation for migrant mobility and for the actors involved, in particular, to the European solidarity system. The overview of the data presented by EUNAVFOR MED Operation Sophia helps to draw considerations for the future of the EU when dealing with future similar crises, not only affecting Europe, but in any country taking in consideration the migratory exodus happening, for example in South America these days, and that may be extended internationally. Is in this cases, where people flee from their origin countries seeking for shelter, when we must be aware of the necessary guarantee of Human Rights.

scholarly journals International Business Encounters Organized Crime: The Case of Trafficking in Human Beings

2018 ◽  
Vol 19 (5) ◽  
pp. 1125-1147
Author(s):  
Maria O'Neill
Keyword(s):  
Human Trafficking ◽  
Legal Framework ◽  
Transnational Crime ◽  
Human Beings ◽  
Corporate Behavior ◽  
Governance Strategies ◽  
The Uk ◽  
Domestic Law ◽  
The Eu

AbstractWith increasing globalization, transnational crime in general, and human trafficking in particular, a design of new legal framework is required in order to effectively operationalize interstate law enforcement operations and prosecutions. The development of a transnational criminal legal framework—or frameworks—can build on pre-existing transnational economic frameworks. There is also the need to extend the application of domestic law beyond national borders to influence transnational corporate behavior. Regulations based on reflexive law are one possible approach. Teubner's idea of reflexive law has been informing developments in this area. This approach uses traditional national law to inform corporate governance strategies in order to achieve effects on the market. A few jurisdictions have already adopted measures modeled on this approach to tackle human trafficking and slavery-like conditions in global supply chains. Weaknesses in the approaches adopted by the UK and the State of California have already been identified. If strengthened, this approach could be adopted in more jurisdictions—including the EU—and also to combat more areas of transnational crime—such as money laundering. This paper will examine the resulting challenges using human trafficking as a case study.

International Cooperation in Combating Human Trafficking in the EU: Evidence from Turkey

2012 ◽  
Vol 20 (1) ◽  
pp. 39-64 ◽  
Author(s):  
Gönül Oğuz
Keyword(s):  
National Security ◽  
Human Trafficking ◽  
International Cooperation ◽  
Organised Crime ◽  
Human Smuggling ◽  
Human Beings ◽  
Member States ◽  
Eu Member States ◽  
Irregular Migrants ◽  
The Eu

Human trafficking lies at the heart of international organised crime. It is concerned with profits in terms of the exploitation of human beings. It is an abuse of basic rights. The enormous interest and concern for trafficking and human struggling is factual evidence. In the EU, policy on irregular migration is driven by the perception that the member states risk being overwhelmed by large numbers of irregular migrants thought to constitute a threat to national security. This has implications for policy measures designed to combat trafficking and human smuggling, which may not work without international cooperation. In most cases, victims are brought to the EU member states from abroad. This creates a demand for international obligations for cooperation and related instruments for combating human smuggling and trafficking. Therefore, the member states and their law enforcement agencies cannot tackle human trafficking alone. A question arises as to whether Turkey can be a vital partner, based on the facts that it is a transit country, with a strong border and assuming that it has a role to play, through its expertise and its commitment to dealing with the effects of trafficking. Unfortunately, these facts are still overlooked, while disproportionately intensive efforts are expended on dealing with questions of national security by the member states. Combating illegal immigration and reducing and controlling migration are frequently seen through the magnifying glass of the struggle against human trafficking. This article focuses on the international factors involved and how the wider international community might be able to play an effective role in helping to tackle human trafficking. It argues that continued coordination and collaboration across the countries is vital. The article reviews the empirical evidence from Turkey, as non-EU/candidate countries' cooperation and assistance in human trafficking may have an important dimension.

The Respect for Fundamental Human Rights in the Fight against Human Trafficking and Migrant Smuggling across the Central Mediterranean Sea

2017 ◽  
Vol 1 (4) ◽  
pp. 1-118
Author(s):  
Laura Salvadego
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Control Policy ◽  
Central Mediterranean ◽  
Applicable Law ◽  
Migrant Smuggling ◽  
Migration Control ◽  
Central Mediterranean Sea ◽  
International Responsibility ◽  
The Eu

AbstractThis study analyzes counter-smuggling and counter-trafficking operations carried out in the Mediterranean, mainly focusing on the EU operations Sophia and Themis. The purpose is to assess a number of issues linked with naval operations from a human rights perspective. These issues include the applicable law, the exercise of criminal jurisdiction over smugglers and traffickers, national strategies of coastal States as regards migration control policy and, finally, international responsibility for human rights violations perpetrated in connection with these operations. Although the study is primarily aimed at both Ph.D students and legal scholars specialized in the field, it also seeks to provide insights that may be of guidance to NGOs, legal practitioners and legislators within the EU and its Member States.

‘We Will Not Go Away’

2020 ◽  
pp. 325-339
Author(s):  
Stephen Cody ◽  
Eric Stover
Keyword(s):  
International Criminal ◽  
International Justice ◽  
Criminal Trials ◽  
Criminal Investigations ◽  
Physical Evidence ◽  
International Criminal Tribunals ◽  
Retributive Punishment ◽  
Victim Participation ◽  
International Criminal Trials

This chapter studies the participation of victims in international criminal tribunals. Victim participation in international criminal trials has been uneven. Historically, prosecutors often have side-lined victim testimony in favour of documentary or physical evidence or assumed that justice for victims equated to retributive punishment of offenders. In recent decades, however, victims have become more active contributors in criminal investigations and proceedings. Victim participation at all stages of the Hissène Habré trial, for example, suggests a growing trend towards greater victim inclusion in international and national criminal trials. As such, it is incumbent on court personnel, as well as international justice researchers and practitioners, to better understand the diverse needs of victims and how they can be best supported before, during, and after trials.

Die Doppelstellung des Opferzeugen

2019 ◽  
Author(s):  
Marius Endler
Keyword(s):  
Individual Case ◽  
Dual Role ◽  
Individual Rights ◽  
Criminal Trials ◽  
Depth Analysis ◽  
Comprehensive Examination ◽  
Victim Participation ◽  
The Individual

This thesis offers a comprehensive examination of the tensions resulting from the dual role of victim witnesses in criminal trials. Based on an in-depth analysis of their interdependent functions as victims and witnesses, it establishes the tense relationship between active victim participation and the ascertainment of truth. The author concludes that active victim participation certainly has a right to exist but needs to step back if that right hinders the truth being established. On this basis, he then examines the individual rights of active victims. For this purpose, he evinces the influence of each of those respective rights on the ascertainment of truth by means of psychological principles, in order to then draw conclusions which are partly addressed to legislators but in particular to the practitioner of law in each individual case.

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