International Cooperation under the United Nations Convention against Transnational Organized Crime

This article examines the international cooperation provisions under the United Nations Convention against Transnational Organized Crime and their practical application in reported cases. It explores the circumstances in which States Parties have used or attempted to use the Convention as a legal basis for extradition, mutual legal assistance, transfer of sentenced persons, transfer of criminal proceedings, joint investigations, or other forms of international cooperation. The article seeks to provide a better understanding of the opportunities offered by the international cooperation provisions, and the challenges and obstacles faced by States Parties requesting cooperation or being requested to provide cooperation under the Convention.

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

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.

The Obligations of Prevention, Protection and Assistance to Victims of Trafficking

The emphasis on the prevention of the crime and the protection and assistance to victims of crime in international and European anti-trafficking instruments is a prominent example of the human rights-based approach to human trafficking. However, there is room for further improvement. This article reflects on the needs of trafficking victims in light of theoretical and practical implications of relevant international and European instruments with the aim of defining future action.

International Cooperation to Counter Migrant Smuggling and Human Trafficking through Special Investigative Techniques

The adoption of international coordination measures to spread the use of ‘special investigative techniques’ to combat organised crime effectively is encouraged by Article 20 of the UNTOC. This article discusses, firstly, the main features of ‘undercover operations’ involving, or taking place in, more than one State. It then examines the Italian implementation legal framework, as amended by a new law passed in 2019, seeking to establish whether and to what extent Italy is complying with its international commitments in this field.

The Smuggling Protocol and the Criminalization of Humanitarian Activities at Sea

This paper focuses on some recent events of criminalization of humanitarian activities at sea in Italy, and precisely the Open Arms and the Sea Watch 3 cases. It is stated that criminalization of humanitarian activities at sea is largely due to a substantial ‘implementation gap’ between the Smuggling Protocol and the current EU legal framework on people smuggling, that is the so-called ‘Facilitators’ Package’ of 2002. It is further contended that legal certainty requirements make legislative reform necessary in Italy to prevent the criminalization of humanitarian activities at sea.

Human Trafficking and Corruption of Public Officials

Most countries in the world have adopted legislation tackling human trafficking and are allocating resources to fighting it. However, the content of such domestic legislation differs from country to country and its enforcement remains a challenge in many cases. In this fragmented landscape, one of the challenges in the enforcement of anti-trafficking legislation is the corruption of anti-trafficking law enforcement authorities. This article focuses on the connection between corruption and human trafficking, and on the intersection between the UN legal frameworks against human trafficking and corruption on this specific issue. The article proceeds in two parts: part 1 presents the factual connection between trafficking and corruption; part 2 analyses the intersection between the two legal frameworks and identifies some areas where there is potential for enhanced coordination.

Smuggled Migrants as Victims?

After outlining the UN Protocol’s general approach to migrant smuggling, this article raises the question of whether and to what extent smuggled migrants can be said to be victims of this crime. The author argues that an affirmative answer is possible in at least three different respects: smuggled migrants can be victimized by states fighting against migrant smuggling and irregular immigration (secondary victimization); but, of course, they can also be victimized by smugglers (primary victimization), in two ways: first, if smuggling is so performed as to put their lives, physical integrity or dignity at risk; secondly, smugglers also victimize migrants by profiting of their vulnerable condition, and their need to enter a foreign country, in order to gain economic benefit.

Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition

This article gives an overview of the thrust and core provisions of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition 20 years after its adoption. It examines the interlinkages between illicit firearms trafficking and other crimes and the ability of the Firearms Protocol to address these threats, as well as its ties to other international instruments in this area and existing challenges and responses in its implementation.

The Palermo Convention and the Fight against Terrorism

This paper addresses the international law enforcement models applied to organized crime and terrorism and their interconnections, arguing that the approach adopted by the Palermo Convention should serve as a model for the fight against terrorism from several points of view. More specifically, the Palermo Convention demonstrates the feasibility and relevance of a global cooperation instrument which, in the case of terrorism, is still lacking. Moreover, the Palermo Convention adopts a global approach combining a preventive and a repressive dimension, differently from the more traditional anti-terrorism conventions. A rapprochement in the legal framework for fighting organized crime and terrorism is desirable also in light of their frequent overlaps; arguably, this rapprochement should follow the UNTOC’s model rather than the one of administrative and military repression that is often applied in combating terrorism.