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.

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.

Cultural Property, the Palermo Convention, and Transnational Organized Crime

2014 ◽  
Vol 21 (3) ◽  
pp. 281-290 ◽  
Author(s):  
Greg Borgstede
Keyword(s):  
United Nations ◽  
Organized Crime ◽  
Property Crime ◽  
Criminal Activity ◽  
International Community ◽  
Cultural Property ◽  
Transnational Organized Crime ◽  
United Nations Convention ◽  
Drugs And Crime

Abstract:The international community is concerned about criminal activity involving cultural property and is promoting the use of the United Nations Convention against Transnational Organized Crime to combat looting and trafficking of cultural property. This article discusses how the Convention may be applied, outlines some of the intentions of UN member states with regard to cultural property crime, and the role of the UN Office on Drugs and Crime. It is suggested that cultural property stakeholders should scrutinize this developing effort, particularly in the areas of UNTOC application to specific cultural property cases and the collection and analysis of data specifically to address the connections between cultural property and transnational organized crime.

Labour Exploitation in Human Trafficking Law

2021 ◽  
Author(s):  
Amy Weatherburn
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Organized Crime ◽  
Trafficking In Persons ◽  
Transnational Organized Crime ◽  
Labour Exploitation ◽  
Women And Children ◽  
United Nations Convention ◽  
Definition Of ◽  
Agreed Definition

The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime provides the first internationally agreed definition of the human trafficking. However, in failings to clarify the exact scope and meaning of exploitation, it has created an ambiguity as to what constitutes exploitation of labour in criminal law. <br>The international definition's preference for an enumerative approach has been replicated in most regional and domestic legal instruments, making it difficult to draw the line between exploitation in terms of violations of labour rights and extreme forms of exploitation such as those listed in the Protocol. <br><br>This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law.

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 Commercial Aspects of the Marine Environment, 11 The Contribution of UNODC to Ocean Governance

2018 ◽  
Author(s):  
Forlati Serena
Keyword(s):  
Sustainable Development ◽  
United Nations ◽  
Control Programme ◽  
International Terrorism ◽  
Effective Prevention ◽  
Transnational Organized Crime ◽  
Ocean Governance ◽  
The United Nations ◽  
Legal Frameworks ◽  
Drugs And Crime

This chapter discusses the contribution of the United Nations Office on Drugs and Crime (UNODC) to ocean governance. Formally established in 2004, UNODC is an office of the United Nations (UN) Secretariat focused on addressing the interrelated issues of drug control, crime prevention and international terrorism in the context of sustainable development and human security. The chapter first provides an overview of UNODC’s history, governance and budget before considering its role in achieving the 2030 Agenda for Sustainable Development. It then examines UNODC’s involvement in ocean governance, particularly in effective prevention and repression of crime at sea, based on the legal frameworks of UNCLOS and the United Nations Convention against Transnational Organized Crime (UNTOC). Finally, it describes two UNODC Programmes that have an impact on the process of ocean management: the Container Control Programme and the Global Maritime Crime Programme.

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