The Smuggling and Trafficking of Human Beings

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Aloyo, E., & Cusumano, E. (2021). Morally evaluating human smuggling: The case of migration to Europe. Critical Review of International Social and Political Philosophy, 24(2), 133-156. Web.

The article uses the case of migration to Europe from African and Asian countries to evaluate the morality and immorality of human smuggling and trafficking, respectively. According to the authors, even though smuggling persons is considered illegal, it is moral in some circumstances. They agree that if illegal immigration is ethically acceptable, then, generally speaking, human smuggling leading to that unlawful movement will be as well. The article explores the circumstances in which human smuggling may be legally using the commonly accepted liberal cosmopolitan principles. It makes the case that only human trafficking falls under the last category based on four categories: legal and morally permissible, legal but immoral, illegal but morally acceptable, and illegal and bad. In contrast, depending on the context, human smuggling ought to fit within one of the first three categories. The authors examine and disprove objections based on the claims that human smuggling must be illegal for it to be morally wrong and infringe on recipients’ rights to freedom of association.

The article explains in detail how the criminalization of smuggling has had far-reaching effects on the protection of persons in their last section on the policy implications. The information from the article is relevant because it contributes to the current debate on the number of people who should be permitted to migrate to Europe and those who are denied the opportunity. These people usually run away from the hardships in their countries due to civil wars, drought, and other natural calamities. There is a greater need to discuss how to morally examine the acts of those doing business by helping the refugees reach safer places. The article is accurate since it is a peer-reviewed work and has borrowed information from scholarly sources, which has been referenced appropriately. Furthermore, the authors are highly experienced and qualified to write on the topic. Aloyo is an assistant professor in the Governance and Global Affairs faculty at the Institute for Security and Global Affairs. Similarly, Cusumano is also a faculty member at Leiden University since 2014.

Antonopoulos, G. A., Baratto, G., Di Nicola, A., Diba, P., Martini, E., Papanicolaou, G. & Terenghi, F. (2020). The role of the internet and digital technologies in human smuggling and trafficking in the UK. Technology in Human Smuggling and Trafficking: Case Studies from Italy and the United Kingdom, 37-68. Web.

This article investigates how the internet and other digital tools are used in the United Kingdom’s human trafficking and smuggling operations. The study looks at the recruiting, entrance, transportation, and exploitation stages of people smuggling into or out of the UK, as well as the recruiting, admission, and exploitation stages of the process of trafficking in the UK’s sex and labor markets. It describes the kinds of websites utilized during these procedures, how they are utilized, and typical behavior patterns while including case examples from the United Kingdom. The results reveal that rather than just enhancing current offline operations, the internet and digital technology increase the possibility of illegal business. Online activity implies that the incidence of such illegal behavior in the UK may be greatly underestimated; hence, more study is required.

The article’s authors are seasoned experts in the field and hence offer reliable information on the topic. They are a combination of experts ranging from criminology, humanity and social science, sociology, and social research to a professor in the faculty of Law. The skills from the different departments converge together to provide very elaborate and insightful information on the matter. The information provided is very relevant since the development of technology has allowed traffickers and smugglers to move their operations online. They can identify and recruit many people remotely, more than they could with conventional methods. They’ve taken over social media and misused it by gaining unauthorized access to someone’s life. In addition, the article is a chapter in a scholarly book called Technology in Human smuggling and trafficking: Case Studies from Italy and the United Kingdom, making its contents reliable. The text provides a picture of transnational criminal operations with individuals ranging from lone criminal merchants to the structure of organized crime and fluid vast criminal networks, making it extremely pertinent and useful for law enforcement agencies. Additionally, the data offered may be crucial for academics looking into organized crime, smuggling, and trafficking.

Campana, P. (2022). Human smuggling in North Africa: A preliminary exploration of macro-and micro-level displacement effects. In E. U. Savona et al. (Eds.), The evolution of illicit flows: displacement and convergence among transnational crime (pp. 85–101). Cham: Springer International Publishing. Web.

The article provides an initial evaluation of the impacts of displacement in the context of smuggling people from North Africa to Italy and Spain. The study found that apart from a short time following Italy’s rigorous “locked ports” policy enacted in June 2018, there is a minimal indication of macro-level geographical displacement between the two routes. In addition, the constraints in both time and volume have reduced the overall displacement flow. In order to investigate the micro-level displacement impacts, it then concentrates on the regional crackdown in Zuwara in Libya. Many human smugglers chose a strategy of offense relocation, namely moving to oil trafficking, while a small minority refrained and moved to lawful businesses. Smugglers also tended to modify their operating style in response to shifts in the political landscape, showing that tactical displacement can occur quite fast and significantly. It also discusses the crucial role that governance organizations, such as municipal governments, play. The author argues that the local authorities are the main loophole to the process of curbing the business of people smuggling and trafficking. By creating favorable conditions for smuggling, they have enabled the convergence of smuggling activity.

The article is relevant since the data offered has several implications for a policy, such as a requirement to develop synchronized crime prevention policies, especially for related crimes such as smuggling and trafficking of a human being. These policies can be structured in a way that considers even the unintended effects and their influence on the individual rights of migrants and asylum seekers. They will focus more on the environmental circumstances on land than at sea. In addition, Campana is a professor at the Institute of Criminology, University of Cambridge, and has published several other academic research in the field. The vast experience places him in a better position and accords him the authority to provide relevant and accurate information concerning people smuggling and trafficking. The article draws from several previous scholarly research on the topic. Furthermore, the article is a chapter in a scholarly book, The Evolution of Illicit Flows, making its content reliable.

Dandurand, Y., & Jahn, J. (2020). The failing international legal framework on migrant smuggling and human trafficking. The Palgrave International Handbook of Human Trafficking, 783-800. Web.

This article examines the loopholes that exist in the current international laws regarding human smuggling and trafficking. The author claims that this paradigm has fallen short of offering a reliable foundation for addressing these problems and that, as a result, major repercussions have resulted. According to the article, international collaboration and the protection of migrants and trafficking victims have been hampered by the legal difference between migrant smuggling and human trafficking. The convoluted legal description of human trafficking established by the paradigm has been shown to be ineffective. It has made little progress in ensuring the safety of those victimized by this horrible crime. Contrarily, the article states that the ban on migrant smuggling has criminalized immigration, which has a detrimental impact on the protection refugees should get. Additionally, it looks at how current international immigration and criminal justice rules prevent the use of alternate solutions to the problems. Thus, the author urges academic researchers to explore and extend the field.

The authors are experienced experts in the field of academia and criminal justice with vast experience. Dandurand is an emeritus professor in the Criminology and Criminal Justice department at the University of the Fraser Valley in British Columbia, Canada. In addition, he is a fellow and senior consultant at the International Centre for Criminal Law Reform and Criminal Justice Policy. Jahn is a senior associate of the Vancouver, Canada-based International Centre for Criminal Law Reform and Criminal Justice Policy. Therefore, they are experienced enough and qualified to write on the topic, proving the work’s quality and accuracy. In addition, the article is very relevant since there has been a big change in the environment where the international system operates. In addition, the way smuggling and human trafficking are carried out has significantly evolved, and it is becoming dynamic every day. Despite these changes, the system is not adaptable enough to keep up with the problem’s fast evolution. Furthermore, most of the national laws are burdened with evidentiary requirements that stem from the international framework. These laws are administered in ways that harm victims’ rights and safety and are ineffective at deterring perpetrators.

De Massol de Rebetz, R. (2021). How useful is the concept of transit migration in an intra-Schengen mobility context? Diving into the migrant smuggling and human trafficking nexus in search of answers. European Journal on Criminal Policy and Research, 27(1), 41-63. Web.

The article highlights the complex elements of the notions under consideration, their practical applicability, and the areas of uncertainty they raise. This was accomplished through gathering, fusing, and evaluating critical material on migrant smuggling, human trafficking, and their connections, as well as the latest research work that highlights intra-Schengen places of transit. It suggests that the concept of transit migration in relation to intra-Schengen border movement should be considered as opposed to the notion that it only applies to external border mobility. According to the article, the idea of transit migration is useful in helping avoid the complexity of considering human smuggling and trafficking as similar concepts. It is possible only when each is carefully defined and specific challenges with transit space are acknowledged.

The author contends that the high percentages of migrants becoming trapped in transit areas are caused by the tight immigration restrictions that are in place within the borders. Since the migrants do not merely give up on their desire to continue their trips, it serves as the primary driving force for migrant smuggling services. Due to the increased demand, the smugglers raise the trip costs, putting travelers in a difficult financial situation. This article is from a credible source, as the author is a seasoned academic and a counselor in different fields. He is a professor at Van Vollenhoven Institute for Law and a consultant in the field of Governance and Society. It gives him the authority to write about the topic.

Furthermore, it is also a peer-reviewed journal and is current; thus, its information is reliable. The content is relevant since it offers fresh light on real-life problems and dynamics that do not meet the legal definitions of either human trafficking or migrant smuggling as they are typically defined. The risks are probably worse in the transit areas where people stuck in the European Union hope to continue their migratory trips.

Kuschminder, K., & Triandafyllidou, A. (2020). Smuggling, trafficking, and extortion: New conceptual and policy challenges on the Libyan route to Europe. Antipode, 52(1), 206-226. Web.

This article investigates the correlation between people smuggling, trafficking, extortion, and kidnapping in Libya. The evidence used to support it came from qualitative interviews with Eritrean refugees in Italy. According to the article, Libya is divided into many tribal regions. Depending on which region migrants enter—such as Eritreans entering the southeast Toubou region—they will have varied experiences. The study contends that the abduction and ransom of Eritreans in Libya is a crime against humanity carried out by an organized criminal network rather than human trafficking or smuggling. It clarifies that although it may appear from afar that Eritreans traveling via Libya on their route to Italy and other European nations are victims of human trafficking, it is not the case since this does not fall under the legal description of recruiting, acting, and post-arrival exploitation. The study emphasizes that the phenomena are defined by various factors that are not exclusive to Libya and call for new analytical and policy frameworks. It suggests that understanding the clarification would make it possible to comprehend the situation better and perhaps take action.

The article is credible since it is peer-reviewed and is a current one. Therefore, it provides insightful information on the current situation of smuggling and human trafficking. Furthermore, the authors are seasoned and experienced experts in the field; hence, they are fully authorized to write on the topic. Kuschminder is a Research Fellow at the European University Institute in Italy and a research affiliate at Maastricht University in the Netherlands and the United Nations University (UNU-MERIT). Similarly, Triandafyllidou is an expert in the field of sociology and the chairperson of Canada Excellence Research on Migration and Integration at Toronto. The information provided is relevant since it urges an examination of the rights and protection of the refugees who fall victim to a fundamental human rights violation when they arrive in their respective countries of asylum. It demonstrates the necessity to consider the moral and legal commitments the nations of arrival have to the survivors. Additionally, it emphasizes the necessity to incorporate the idea of a transit area or space where a migrant brought in illegally might become a victim of human trafficking or a crime against humanity.

Markovic, D. M., Dostic, S., & Radojkovic, Z. (2019). Criminal-law and criminalistics aspects of distinguishing people smuggling from human trafficking. Journal of International Economic Law, 9(25), 121. Web.

This article differentiates human smuggling from people trafficking by examining the criminal laws and the criminalistic aspects of the two crimes. The paper claims that criminal Law features offer incredibly insightful components for identifying the particulars. According to the article, the most obvious forms of differentiation in criminal Law are articulated in legal standards. However, given that criminal law standards are based on criminological research of the etiology and phenomenology of crime, it is important to comprehend these parallels and discrepancies from a criminological perspective. To thoroughly examine the similarities and differences between the two phrases, the authors performed a comparative analysis of the Criminal Code of the Republic of Serbia. It states that people trafficking and human smuggling share a similar etymological history, although the latter is more widespread and sophisticated. The main drivers for engaging people smugglers are challenging financial circumstances, unfavorable living conditions in the nation of origin, and the presence or absence of conflict. Additionally, stressors are present when victims of human trafficking commit suicide. It concludes that the exploitation stage, which comes as the second stage after the transit, provides a clear distinction between these two crimes from criminal law and criminology perspectives.

Seasoned professionals write this article: a faculty of Law for commerce and Judiciary at the University Business Academy, Novi Sad, and a member of the Department of Business Studies and Law at the University Union-Nikola Tesla, Belgrade. Moreover, it is a current and peer-reviewed journal; its information is reliable. The article is beneficial since the two terms are often confused by both the media and the public since the important differences between them are not sufficiently highlighted. Understanding these criminal occurrences’ criminological and criminalistic facets is crucial for developing and implementing successful crime prevention measures. The study has successfully demonstrated that despite the words’ partial overlap, they differ in important ways due to their unique specifics. This in-depth analysis of these illegal occurrences has made it simpler for people to recognize them and, as a result, to use effective methodologies for identifying and demonstrating them.

Szablewska, N. (2022). Human smuggling and human trafficking. In S. Sayapin et al. (Eds.), International conflict and security law: A research handbook (pp. 1181–1206). The Hague: TMC Asser Press. Web.

This article examines the systems governing migrant smuggling and trafficking. It also elaborates on the connection between human trafficking and the legislation against modern-day slavery. The article begins by outlining the main differences between human smuggling and trafficking. According to the author, the two terms are often confused and used interchangeably, which brings confusion about their legal status. The author notes that the main difference between them is that smuggling victims can consent while those trafficking can never do so. In addition, smuggling must involve crossing borders, while trafficking can happen within a country. After that, the author discusses the legal basis for people smuggling while concentrating on how it happens in a marine environment. The introduction of human trafficking crime on a global scale and in relation to contemporary slavery follows. After that, it examines the contradiction between human trafficking and smuggling, along with international criminal Law and probable prosecution strategies.

This article is relevant because there is always a thin line between human smuggling and trafficking, resulting in confusion concerning the relevant legal action to take. Although there are many overlaps between the two terms, the victim populations and, thus, the legal remedies vary. Even though both are regarded as forms of organized crime, it is crucial to distinguish between people smuggling and trafficking in Law and reality. However, despite having differing legal standing, they are frequently confused, especially by law enforcement organizations, judges, and organizations that offer support services. As a result, vulnerable trafficked and smuggled individuals frequently get inadequate protection and resources. The article is accurate since it is peer-reviewed and outlines a list of references that include scholarly sources. Moreover, it has been current since it was first published in 2022. Therefore, it is up-to-date and tackles the problem as it exists in the current world with relevant solutions. The author is a seasoned expert in the legal field with over 20 years of experience. She has worked in the public sector, government, and non-government organizations, and as academia in more than five different countries. In addition, Natalia has published many other academic works for academic and non-academic audiences, contributing to the article’s quality.

References

Aloyo, E., & Cusumano, E. (2021). Morally evaluating human smuggling: the case of migration to Europe. Critical Review of International Social and Political Philosophy, 24(2), 133-156. Web.

Dandurand, Y., & Jahn, J. (2020). The failing international legal framework on migrant smuggling and human trafficking. The Palgrave international handbook of human trafficking, 783-800. Web.

Kuschminder, K., & Triandafyllidou, A. (2020). Smuggling, trafficking, and extortion: New conceptual and policy challenges on the Libyan route to Europe. Antipode, 52(1), 206-226. Web.

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The Smuggling and Trafficking of Human Beings

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