human smuggling
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2022 ◽  
pp. 146349962110663
Author(s):  
Gregory Feldman

This article argues that Schmitt's “state of exception” is only one expression of the deeper sovereign phenomenon, specifically the human capacity to inaugurate new beginnings in shared space. Sovereign action thus includes anything from Schmitt's vertically-imposed state of exception, which eliminates political subjecthood, to the thrill of horizontally-arranged movements, which enable it. To make this argument, the article foregoes the idea of the bounded, internally coherent liberal subject in favor of a relational subject, who is both internally divided and inherently tied to others. The subject's instability and relationality make new beginnings possible and renders sovereign action promising, even if risky. An unexpected example of this fuller view of sovereignty appears in an undercover police team in southern Europe that investigates global human smuggling and trafficking rings. Based on extensive ethnographic research, this article shows how they often act on their own ethical judgments, reached by considering the standpoints of people tied to their investigations, rather than through obedience to law, policy, or superior command. Acting outside constitutional order, these investigators, (re)constitute themselves as particular persons through their joint actions and simultaneously constitute modest sovereign spaces, however tentatively.


2021 ◽  
Vol 4 (2) ◽  
pp. 265-279
Author(s):  
Hana Farah Dhiba ◽  
Sabinadevi Sabinadevi

This study aims to analyze the legal regulation of victims who are involved in the occurrence of people smuggling by looking at the forms of participation and the relationship between the perpetrator and the victim. The method used in this research is a qualitative descriptive method with a normative legal approach. The research was conducted by collecting facts of events in the field and analyzing them on the basis of the applicable laws and regulations. The results of the study conclude that victims of criminal acts of human smuggling can be subjects to legal proceedings. That is due to the human smuggling offenses or passive assistance with the severity of which is in accordance with the form and extent of their actions in realizing the crime.


2021 ◽  
pp. 341-352
Author(s):  
Lucia Bird Ruiz-Benitez de Lugo
Keyword(s):  

2021 ◽  
Vol 21 (3) ◽  
pp. 938
Author(s):  
Arsyad Imam Baihaqi ◽  
Endra Inggita Sabriyartendra ◽  
Salsabila Putri Salam

The crime of human trafficking is still a major topic in world discussion as well as the most striking point of attention because of the seriousness of the problem. Trafficking in persons is a major problem of modern globalization because the existence of this crime has already become an epidemic in many countries. This research aim to find out how the process of People Smuggling and Trafficking in Indonesia occurs, the legal basis and enforcement of the crime of people smuggling and trafficking. As well as the Accountability Process for the perpetrators of the Crime of Smuggling and Human Trafficking. By using descriptive research method is the method used in this study, this method has the aim of describing things that are currently in effect, including efforts to describe something or describe, record, analyze and explain current (actual) conditions. And the results will be obtained, namely the crime of human trafficking, the perpetrators use various ways to smooth the crime. Furthermore, the Rules regarding Human Smuggling and Trafficking in Persons in Indonesia are contained in several laws and regulations, namely Law Number 6 of 2011, concerning Immigration. Then in criminal liability, people who commit criminal acts of people smuggling and human trafficking are based on the provisions of Law no. 6 of 2011 concerning Immigration.


Author(s):  
Mija Sanders

In this article, I seek to change our understanding of necropolitics with regard to how host states and refugees themselves deal with their dead. Through technocratic practices for the former, and biophysical violence for the latter, I provide a reading of existing practices of processing the dead in which state and national boundaries follow migrants into the ground. I explore the necropolitics of displacement in order to understand Syrian affective experiences of shock, or sadma, under borderland policies, Turkish governance, and practices of intimate sovereignty in refugee deaths. Death for Syrian refugees on Turkey’s borderlands is the culmination of a series of transnational and local governance practices. It is also part of the material landscape of refugee displacement and of the Turkish government’s care sector—the processing of bodies and the conducting of funerary services. These services are meant to respond respectfully to frequent migrant deaths, despite the Turkish government’s warnings about the dangers of crossing the Aegean through human smuggling and the enhanced policing of the Aegean borderland meant to deter irregular crossings. For Syrians, however, police conduct on the Aegean borderland and the government’s management of memorials are contentious issues that enhance their sense of the necropolitical practices of governance and experiences of them as sadma. This work seeks to change our understanding of necropolitics with regard to how host states and refugees themselves deal with their dead, through twelve months of ethnographic fieldwork with Syrian refugees in Izmir, Turkey in 2017–2018.


2021 ◽  
Vol 24 (3) ◽  
pp. 440-466
Author(s):  
Matteo Capasso

Abstract When examining the issue of human smuggling and its facilitating practises, mainstream ir analyses emphasize its criminal and illegal aspects. Such securocratic interpretations, largely mirroring EU concerns over migration, have managed to crowd-out alternative explanations of this phenomenon, detaching it from issues of capital and class. Drawing on fieldwork and secondary sources, this paper argues that people’s involvement in the facilitation of human smuggling in Tunisia has emerged because of the increasing precariousness of labor and life. Precarity, however, is not the result of weak and failing institutions; rather it should be understood in relation to the subordinate integration of Tunisia into the global neoliberal economy. In such a context, the EU’s insistence on policies based on border security and free-trade agreements securitises the lives of the poor to serve wealthy regional and European elites, thus furthering neoliberal governance in North Africa.


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