International law final exam notes

Clarify the meaning of jus cogens and

soft law, provide examples


Jus Cogens prohibits states to enter treaties enforcing peremptory norms (binding in all times,
all circumstances)
a. Cannot be suspended
b. Provides protection of HR
c. Valid in war and peace

The emergence of jus cogens:
a. Late 1960s
b. Result of the endeavours of socialist and developing countries who claimed that certain
norms governing relations between states should be given a higher rank than ordinary rules
deriving from treaties and custom
c. Jus cogens a further means of developing countries fighting against colonial countries
d. Established in 1969 Vienna Convention on the Law of Treaties

Limitations:
a. They may only be invoked by a state that is party both in the Vienna convention and to the
bilateral or multilateral treaty it intends to have declared contrary to jus cogens

Partial remedies to the limitations
a. The customary rules on invalidity of treaties: any state directly affected by a treaty contrary
to a peremptory rule of international law, whether or not party to the treaty, may invoke
the invalidity of the treaty
b. The gradual emergence of a customary law on peremptory law: the customary rule also
applies to normative acts performed by international subjects other than states and legal
standards other than those laid down in treaties

Violations:
a. No immunity vs. jus cogens
b. No derogation of execution because of time passage (crimes are not subjects to deadlines)
c. No amnesty

Jus cogens vs. state sovereignty
international law is always above domestic

Legal effects of jus cogens
a. Primarily pursue a deterrent effect
b. Guide the conduct of states
c. Host of world public order standards (preventive role)
d. The typical effect of peremptory norms is that states cannot derogate from them through
treaties, the treaty or customary rules contrary to them are null and void ab initio
e. One fails to see why a whole treaty should be invalidated if only of its provisions is contrary
to peremptory norm and the others are not dependent on the invalid one
f. Jus cogens may have a bearing on recognition of states
g. Entering of reservations to multilateral treaties
h. Bearing on treaties of extradition
i. Impact on state immunity from the jurisdiction of foreign states in that they may remove
such immunity
j. Granting to state courts of universal criminal jurisdiction over the alleged authors of the act



Briefly characterize fundamental
(legal) principles governing
international relations

Written constitutions lay down fundamental principles intended to serve as basic guidelines for
the life of the whole community
In world community there is no state that has enough power to impose standards of behavior
on all other members
States spontaneously based their lawmaking in a few fundamental tenets from which they drew
inspiration: 3 postulates: freedom + equality + effectiveness
Laissez-faire approach: states are equally free to do what they like provided they abide by
certain rules of the game
1970 UN Declaration on friendly relations overriding legal principles of the international
community on which states are not divided and allow smooth international dealings:




1970, UN Charter
Article 2
The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance
with the following Principles.
1. The Organization is based on the principle of the sovereign equality of all its Members.
2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall
fulfill in good faith the obligations assumed by them in accordance with the present Charter.
3. All Members shall settle their international disputes by peaceful means in such a manner that
international peace and security, and justice, are not endangered.
4. All Members shall refrain in their international relations from the threat or use of force against the
territorial integrity or political independence of any state, or in any other manner inconsistent with the
Purposes of the United Nations.
5. All Members shall give the United Nations every assistance in any action it takes in accordance with
the present Charter, and shall refrain from giving assistance to any state against which the United
Nations is taking preventive or enforcement action.
6. The Organization shall ensure that states which are not Members of the United Nations act in
accordance with these Principles so far as may be necessary for the maintenance of international
peace and security.
7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters
which are essentially within the domestic jurisdiction of any state or shall require the Members to
submit such matters to settlement under the present Charter; but this principle shall not prejudice the
application of enforcement measures under Chapter Vll.

Sovereign equality of states
Prohibition of intervention
Peaceful settlement of disputes
Ban of threat/use of force
Self-determination of people (respect, anti-colonialism,
Duty of cooperation
Good faith



Legal equality: no member of the international community can be placed at a disadvantage

Non-intervention in the internal/external affairs of other state
+ sovereignty ensures that each state respects the fundamental prerogatives of the other
members of the community
Prohibits a state from interfering in the internal organization of a foreign state
Prohibits a state from encroaching upon the internal affairs of other states
New forms of intervention:
Economic: assistance to developing countries, stop financing institutions promoting
development

Prohibition of the threat or use of force
Peace supreme goal after the wars
Absolute all-inclusive prohibition
Only military force is proscribed
Only the threat or use of force in interstate relations is banned
Spread of wars of national liberation in colonies
Powerful states economic coercion, pressure
1970 Declaration on Friendly Relations
1974 Declaration on the definition of aggression

Peaceful settlement of disputes
Bona fide to resolve conflicts peacefully
In case that fails, states must continue seeking a settlement of the dispute by peaceful
means
While trying to settle the dispute, states must refrain from activities endangering the
national security
UNSC can investigate, make recommendations on the choice of procedure and
settlement


Self-determination

Respect for the wishes and aspirations of peoples and nations
Anti-colonialist standard
Extends the ban on force (f foreign military occupation)
Racial groups shall be given full access to government
Limits to ethnic/national/religious/cultural/linguistic minorities

These principles are expression and the result of conflicting views of states on matters of crucial
importance
These principles except the sovereign equality of states do not address themselves to states
solely but are binding on other international legal subjects as well
The rights and claims deriving from the principles accrue to all members of the international
community, all of which are entitled to exact their observance (erga omnes)
Selective and limited acceptance of self-determination (blind to the demands of
ethnic/national/religious/cultural/linguistic minorities and not being able to provide any
alternative remedy of a general character)
In the application of any of the principles, all the others must simultaneously be borne in mind

UN-peacekeeping operations (the
mandate, composition, advantages,
shortcomings) examples

Introduction:
UN goal: to maintain international peace and security
Cold war (bipolarity) failed, because the antagonism of the two blocs prevented the adoption of
the measures not involving the use of armed force
After Cold war: being unable to take the non-forcible measures, these bodies fell back on
sanctions + the inability to set up UN armed forces led to the establishment of the peacekeeping
operations
Measures short of armed force:
Article 41 of UN Charter: SC decides what measures not involving the use of armed force are to
be used and may call upon Members to apply such measures.
Such measures are not necessarily intended as a substitute for military action; however, the
relative failure of the UN collective system led to the magnification of the role and importance
of these sanctions
The less coercive they are, the more frequently and effectively they are used
Serve to express collective condemnation of misbehavior by states
Effectiveness depends on the level of support they enjoy and on the quality of targeting

Economic and other sanctions
SC decides that member states should take certain economic or commercial measures against a
state
SC or GA recommends the adoption of measures such as breaking off of diplomatic relations
Non-recognition of illegal situations
When not in a position to terminate/unable to recommend/enjoy effective sanctions UN falls
back on non-recognition of the illegal situation
UN pronouncement of non-recognition:
a. all actions contrary to certain basic values commonly accepted by the world community
should not be legitimized
b. the aim is to isolate the delinquent state and compel it to change the situation
c. last-resort measure when unable to bring about a return to legality
d. entail a mutual undertaking on the part of supporting states
e. states that support the resolution are authorized to regard the effective situation as unlawful
and to behave accordingly
f. states that do not support the resolution cannot be forced to view that the effective situation
is contrary to international law

Condemnation by the SC
SC condemns some actions defining them as actions of aggression
SC condemns in some cases the use of force without labeling it as aggression
Public exposure, by the GA, of gross violations
Failure to deal with a problem leads to public exposure of gross violations
Consists in adoption by the GA of resolution condemning the unlawful conduct of states and in
calls for the discontinuation of the deviant behavior
Chiefly when member states have violated human rights or when they have disregarded the
basic principles of the organization
One should not expect too much, state concerned turns a deaf ear to international organizations
The establishment of international criminal tribunals
Two occasions: 1993 (establishment of ICTY) and in 1994 (est. ICTR)
Designed to prosecute and punish

Chapter 2 the envolving role of UN peacekeeping operations
2.1 the spectrum of peace and security activities
Peacekeeping is one among a range of activities undertaken by the UN and other int. actors to
maintain int. peace and security
Conflict prevention: involves the application of structural or diplomatic measures to keep intra-state or
inter-state tensions disputes from escalating into violent conflict
Peacemaking: generally inclides measures to address conflicts in progress and usually involves
diplomatic action to bring hostile parties to a negotiated agreement
Peacekeeping: is a technique designed to preserve the peace, however fragile, where fighting has been
halted, and to assist in implementing agreements achieved by the peacemakers
Peace enforcement: involves the applications, with the authorization of the SC, of a range of coercive
measures, including the use of military force
Peacebuilding: involves a range of measures targeted to reduce the risk of lapsing or relapsing into
conflict by strengthening national capacities at all levels for conflict management, and to lay the
foundation for sustainable peace and development
2.2 likanges and grey areas
The boundaries between conflict prevention, peacemaking, peacekeeping, peacebuilding and peace
enforecement have become oncreasingly blurred.
Peace operations are rarely limited on one type of activity
While UN peacekeeping operations are in principle deployed to sipport the implementation of a cease-
fore peace agreement, they are often requested to play an active role in peacemaking efforts and may
also be involved on early peacebuilding activities
2.3 the core business of UN peacekeeping operations
Although not provided in the charter, the practice of peacekeeping began in 1948 when the first UN
military observers were deployed to the middle eat
The tasks traditionally assigned to UN peacekeeping operations by the SC are essentially military in
character and may involve the following:
Observation, monitoring and reporting using static posts, patrols, overflights or other technical means,
with the agreement of parties
supervision of cease-fire and support to verification mechanisms
interposition as a buffer and conficence building measure

Traditional peacekeeping operations do normally not play a direct role in political efforts to resolve the
conflict
After the end of the cold war the strategic context of UN peacekeeping operations changed dramatically
and SC began to work more actively to promote the containment and peaceful resolution of regional
conflicts
The transformation of the int. environment has given rise to a new generation of multi-dimensional UN
peacekeeping operations
Some multi-dimensional peacekeeping operations have been deployed following a request from the
national authorities to support the transition to legitimate government, in the absence of a formal peace
agreement
Multi-dimensional peacekeeping operations are deployed as one part of a much broader international
effort to help countries emerging from conflict make the transition sustainable peace.

The core functions of a multi-dimensional UN peacekeeping operation are
create a secure and stable environment while strengthening the states ability to provide security, with
full, respect for the rule of law and human rights
facilitate the political progress by promoting dialogue and reconciliation and supporting the
establishment of legitimate and effective institutions of governance
provide a framework for ensuring that all UN and other int. actors pursue their activities at the country-
level in a coherent and coordinated manner
In contrast to traditional peacekeeping operations, multi-dimensional UN peacekeeping operations
usually play a direct role in political efforts to resolve the conflict and are often mandated by the SC to
provide good offices or promote national political dialogue and reconciliation

2.4 peacebuilding activities
While the deployment of a multi-dimensional UN peacekeeping operation may help to stem violence in
the short-term, it is unlikely to result in a sustainable peace unless accompanied by programmes
designed to prevent the recurrence of conflict

Experience has shown that the achievement of a sustainable peace requires progress in at least four
critical areas
restoring the states ability to provide security and maintain public order
Strengthening the rule of law and respect human rights
supporting the emergence of legitimate political institutions and participatory process
promoting social and economic recovery and development, including the safe return or resettlement of
internally displaced persons and refugees uprooted by conflict

Multi-dimensional peacekeeping operations generally lack the program founding and technical expertise
required to comprehensively implement effective peacebuilding programmes
The SC often mandates them to play a catalytic role in the following critical peacebuilding activities:
disarmament, demobilization, and reintegration (DDR) of combatants
mine action
security sector reform (SSR) and other rule of law-related activities
protection and promotion of human rights
electoral assistance
support to the restoration and extension of state authority
DDR: is a critical part of efforts to create a secure and stable environment in which the process of
recovery can begin
Mine action: in many post-conflict settings, landmines and other unexploded ordiance contitue a threat
to the safety of civiliants and pose a major obstacle to successful post-conflict recovery
SSR and other rule of law-related activities: SSR is an essential component of efforts to re-establish and
strengthen the rule of law. Progress in the area of SSR is critical to the success of a multi-dimensional UN
peacekeeping operation and helps define its exit strategy
Protection and promotion of human rights: the abuse and violation of human rights is at the heart of
most modern conflicts and is also a consequence of them. Many of the worst human


rights abuses occur during armed conflict and the protection of human rights must be at the core of
action taken to address

Restoration and extension of state authority: multi-dimensional UN peacekeeping operations are
frequently called upon to suppert the restoration and extension of State suthority. In order to generate
revenue and provide basic services to the population, the state must be able to exert control over ots
national territory

Electoral assistance: the holding of free and fair elections is often written in the peace agreement
underlying a multi-dimensional UN peacekeeping operations and represents a major milestone towards
that establishment of a legitimate state

2.5 supporting other actors
There are numbers of areas in which the role of the UN peacekeeping operations is limited to facilitating
the activities of other actors within and outside the UN system, when requested, and within the limits of
their mandate and available capacity
Socio-economic recovery and development is critical to the achievement of lasting peace. Experience
has shown that security sector and other reform programs are unlikely to succeed if not supported by
transparent and effective economic management and civilian oversight systems

Resposibility for the provision of humanitarian primarily with the relevant civilian UN specialized
agencies, funds and programs, as well as the range of independent, international and local NGOs which
are usually active alongside a UN peacekeeping operation

Chapter 3 the basic principles of UN peacekeeping
3.1 applying the basic principles of UN peacekeeping
Although the practice of UN peacekeeping has evolved significantly over the past six decades, three
basic principles have traditionally served and continue to set UN peacekeeping operations as a tool for
maintaining int. peace and security
consent of the parties
impartiality
non-use of force except in self-defense an defense of the mandate
Consent of the parties: UN peacekeeping operations are deployed with the consent of the main parties
to the conflict. This requires a commitment by the parties to a political process and their acceptance of a
peacekeeping operation mandated to support that success
Impartiality: UN peacekeeping operations must implement their mandate without favor or prejudice to
any party. Impartiality is crucial to maintaining the consent and cooperation of the main parties, but
should not be confused with neutrality or inactivity

Non-use of force except in self-defense or defense of the mandate: the principle of non-use of force
except in self-defense dates back to the first deployment of armed UN peacekeepers in 1956. The notion
of self-defense has subsequently come to include resistance to attempts by forceful means to prevent
the peacekeeping operation from discharging its duties under the mandate of SC

What is "gender based" violence ( the
concept examples, rules/provision of int
law it violates)

Definition
1993, Declaration on the elimination of violence against women (by the UN GA):
any art of violence that results in physical, sexual, or psychological harm or suffering to women;
including threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in
public or private life (Article 1)
the definition should encompass, but not be limited to, acts of physical, sexual, and
psychological violence in the family, community, or perpetrated or condoned by the
State, wherever it occurs (Article 2)
GBV in general
GBV against:
- Men and boys
- marginalized groups
- Women and girls ( concentration)
human rights and public health issue that limits individual and societal development with
high human and economic costs
Link to human rights
existing in all societies
perpetrators are often motivated by a desire for power and domination
the most widespread and socially tolerated of human rights violations
The GA concerning violence against women
(Declaration on the Elimination of Violence against Women, 1993)

An obstacle to the achievement of equality, development and peace
A violation of the rights and fundamental freedoms
women are forced into a subordinate position
women belonging to minority groups are especially vulnerable to violence
opportunities for women to achieve legal, social, political, economic equality in society
are limited by continuing and endemic violence

Elements of GBV
Rome Statute of the ICC, 1998 Article 7, 1. (g):
Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or
any other form of sexual violence of comparable gravity
crimes against humanity
female
infanticide
child sexual abuse sex
trafficking
forced
labor
abuse Neglect domestic
violence
elder abuse
honor
killings
female genital
mutilation/cutting
wife
battering
sexual
coercion
early/forced
marriage
non-spousal
violence
sex
tourism
sexual
harassment

3 levels of GBV
Domestic violence:
- man beats his female partner
- most common form of GBV
- battery, sexual abuse, female genital mutilation, marital rape
Violence within the community:
- sexual assault, forced treatments, exploitation and
commercialization of womens bodies, sexual harassment
Violence perpetrated by the state:
- tolerated by states that priorities tradition over the respect of
fundamental freedom
- social exclusion of women = new form of apartheid
- murder, rape, sexual slavery, hostage taking

Causes of GBV
Traditional attitudes towards women
Financial insecurity
The way parents bring up their children, which create disparity between boys and girls
The way society is set up-cultural beliefs, power relations, economic power imbalances,
and the masculine idea of male dominance

Consequences to the victim
Affects productivity
Affects the physical and psychological integrity and the
inter-personal ability
Less likely to earn a living and less able to care for their children
Life-long emotional distress, mental and physiological health problems and poor
reproductive health
Rejection by spouses and families
isolation and keeping from income-earning activities
To Children:
- may become withdrawn, anxious or depressed
- may become aggressive and exert control over younger
siblings
To countries:
- Increased health care expenditures
- Demands on courts, police and schools
- Losses in educational achievement and productivity
- obstacle to the achievement of the objective of
equality, development and peace


ConventionEDAW: asses its importance, shortcomings and the
roles of CEDAW in its monitoring

The Convention of the Elimination of All Forms of Discrimination Against Women was adopted
by the GA in 1979
It entered into force as an international treaty in 1981
Efforts for the advancement of women have resulted in several declerations and conventions, of
which CEDAW is the most comprehensive
It takes an important place in bringing the female half of humanity into the focus of HR concerns
The document spells out the meaning of equality and how it can be achieved
The agenda for equality is specified in fourteen subsequent articles
Civil rights and the legal rights of women are dealt with great detail
The legal status of women receives the broadest attention
The convention draws attention to the fact that often womens legal status has been linked to
marriage, making them dependent on their husbands nationality rather than individuals in their
own right
The convention also devotes major attention to womens reproductive rights
Another aim of the convention is the enlargement of our understanding for HR, as it gives
formal recognition to the influence of culture and tradition restricting womens employment of
their fundamental rights
The committee is composed of 23 experts nominated by their governments and elected by the
state parties as individuals of high moral standing and competence in the field covered by the
convention
At least every 4 years, the states parties are expected to submit a national report to the
committee, indicating the measures they have adopted to give effect to the provisions of the
convention

Trafficking in human beings: the concept,
scope of phenomenon, legal instruments
and difficulties to combat it

Human trafficking is the acquisition of people by improper means such as force, fraud or
deception, with the aim of exploiting them. Smuggling migrants involves the procurement for
financial or other material benefit of illegal entry of a person into a State of which that person is
not a national or resident. Virtually every country in the world is affected by these crimes. The
challenge for all countries, rich and poor, is to target the criminals who exploit desperate people
and to protect and assist victims of trafficking and smuggled migrants, many of whom endure
unimaginable hardships in their bid for a better life. As the only United Nations entity focusing
on the criminal justice element of these crimes, the work that UNODC does to combat
human trafficking and the smuggling of migrants is underpinned by the United Nations
Convention on Transnational Organized Crime and its protocols on trafficking in persons and
migrant smuggling.


What is Human Trafficking?
Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in
Persons defines Trafficking in Persons as the recruitment, transportation, transfer, harbouring
or receipt of persons, by means of the threat or use of force or other forms of coercion, of
abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of
the giving or receiving of payments or benefits to achieve the consent of a person having
control over another person, for the purpose of exploitation. Exploitation shall include, at a
minimum, the exploitation of the prostitution of others or other forms of sexual exploitation,
forced labour or services, slavery or practices similar to slavery, servitude or the removal of
organs
Elements Of Human Trafficking
On the basis of
the definition given in the Trafficking in Persons Protocol, it is evident that trafficking in persons
has three constituent elements;
The Act (What is done)
Recruitment, transportation, transfer, harbouring or receipt of persons
The Means (How it is done)
Threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or
giving payments or benefits to a person in control of the victim
The Purpose (Why it is done)
For the purpose of exploitation, which includes exploiting the prostitution of others, sexual
exploitation, forced labour, slavery or similar practices and the removal of organs.
To ascertain whether a particular circumstance constitutes trafficking in persons, consider the
definition of trafficking in the Trafficking in Persons Protocol and the constituent elements of the
offense, as defined by relevant domestic legislation.

Criminalization Of Human Trafficking
The definition contained in article 3 of the Trafficking in Persons Protocol is meant to provide
consistency and consensus around the world on the phenomenon of trafficking in persons. Article
5 therefore requires that the conduct set out in article 3 be criminalized in domestic legislation.
Domestic legislation does not need to follow the language of the Trafficking in Persons Protocol
precisely, but should be adapted in accordance with domestic legal systems to give effect to the
concepts contained in the Protocol.
In addition to the criminalization of trafficking, the Trafficking in Persons Protocol requires
criminalization also of:
Attempts to commit a trafficking offence
Participation as an accomplice in such an offence
Organizing or directing others to commit trafficking.
National legislation should adopt the broad definition of trafficking prescribed in the Protocol. The
legislative definition should be dynamic and flexible so as to empower the legislative framework
to respond effectively to trafficking which:
Occurs both across borders and within a country (not just cross-border)
Is for a range of exploitative purposes (not just sexual exploitation)
Victimizes children, women and men (Not just women, or adults, but also men and
children)
Takes place with or without the involvement of organized crime groups.

UNODC's Response to Human Trafficking
UNODC offers practical help to States, not only helping to draft laws and create comprehensive
national anti-trafficking strategies but also assisting with resources to implement them. States
receive specialized assistance including the development of local capacity and expertise, as well
as practical tools to encourage cross-border cooperation in investigations and prosecutions.
The adoption in 2000 by the United Nations General Assembly of the Protocol to Prevent,
Suppress and Punish Trafficking In Persons, Especially Women and Children marked a significant
milestone in international efforts to stop the trade in people. As the guardian of the Protocol,
UNODC addresses human trafficking issues through its Global Programme against Trafficking in
Persons. To date, more than 147 States have signed and ratified the Protocol. But translating it
into reality remains problematic. Very few criminals are convicted and most victims are probably
never identified or assisted.
For an overview of UNODC's work in the human trafficking field and the real-life complexities
faced by people globally every day, please click on the following links:

Having worked on these issues since the late 1990s, UNODC has issued a comprehensive
strategy setting out the complementary nature of UNODC's work in preventing and combating
both human trafficking and migrant smuggling, and defining the immediate priorities for
UNODC's future action and engagement on these crimes. The new strategy complements
UNODC's Thematic Programme Against Transnational Organized Crime And Illicit Trafficking
(2011-2013).
As the guardian of the Organized Crime Convention and its Protocols on Trafficking in Persons
and Smuggling of Migrants, UNODC plays a leading role in strengthening and coordinating the
criminal justice response to both human trafficking and smuggling of migrants.
UNODC's strategic approach to combating trafficking in persons and the smuggling of migrants is
founded in the full and effective implementation of the Protocols, and can be best understood as
having three interdependent and complementary components:
(1) research and awareness raising;
(2) promotion of the Protocols and capacity-building; and,
(3) the strengthening of partnerships and coordination.


What Is Human Trafficking?
Human Trafficking is defined in the Trafficking Protocol as "the recruitment, transport, transfer,
harbouring or receipt of a person by such means as threat or use of force or other forms of
coercion, of abduction, of fraud or deception for the purpose of exploitation."
The definition on trafficking consists of three core elements:
1) The action of trafficking which means the recruitment, transportation, transfer, harboring or
receipt of persons
2) The means of trafficking which includes threat of or use of force, deception, coercion, abuse
of power or position of vulnerability
3) The purpose of trafficking which is always exploitation. In the words of the Trafficking
Protocol, article 3 "exploitation shall include, at a minimum, the exploitation of the prostitution of
others or other forms of sexual exploitation, forced labor or services, slavery or practices similar
to slavery, servitude or the removal of organs
To learn more about human trafficking, click here.

How Is Human Trafficking Different From Migrant Smuggling?
Simply put, there are four main differences between human trafficking and migrant smuggling.
1. Consent - migrant smuggling, while often undertaken in dangerous or degrading
conditions, involves consent. Trafficking victims, on the other hand, have either
never consented or if they initially consented, that consent has been rendered
meaningless by the coercive, deceptive or abusive action of the traffickers.
2. Exploitation - migrant smuggling ends with the migrants' arrival at their
destination, whereas trafficking involves the ongoing exploitation of the victim.
3. Transnationality - smuggling is always transnational, whereas trafficking may not
be. Trafficking can occur regardless of whether victims are taken to another state
or moved within a state's borders.
4. Source of profits - in smuggling cases profits are derived from the transportation of
facilitation of the illegal entry or stay of a person into another county, while in
trafficking cases profits are derived from exploitation.

The distinctions between smuggling and trafficking are often very subtle and sometimes they
overlap. Identifying whether a case is one of human trafficking or migrant smuggling and related
crimes can be very difficult for a number of reasons:
Some trafficked persons might start their journey by agreeing to be smuggled into a country
illegally, but find themselves deceived, coerced or forced into an exploitative situation later in the
process (by e.g. being forced to work for extraordinary low wages to pay for the transportation).
Traffickers may present an 'opportunity' that sounds more like smuggling to potential victims.
They could be asked to pay a fee in common with other people who are smuggled. However, the
intention of the trafficker from the outset is the exploitation of the victim. The 'fee' was part of
the fraud and deception and a way to make a bit more money.
Smuggling may be the planned intention at the outset but a 'too good to miss' opportunity to
traffic people presents itself to the smugglers/traffickers at some point in the process.
Criminals may both smuggle and traffic people, employing the same routes and methods of
transporting them. The relationship between these two crimes is often oversimplified and
misunderstood; both are allowed to prosper and opportunities to combat both are missed. It is
important to understand that the work of migrant smugglers often results in benefit for human
traffickers. Smuggled migrants may be victimized by traffickers and have no guarantee that
00those who smuggle them are not in fact traffickers. In short, smuggled migrants are
particularly vulnerable to being trafficked - combating trafficking in persons requires that migrant
smuggling be addressed as a priority.
To learn more about human trafficking, click here.
To learn more about migrant smuggling, click here.

What If A Trafficked Person Consents?
It is important to note that the consent of the trafficked person becomes irrelevant whenever
any of the 'means' of trafficking are used. A child cannot consent even if the 'means' are not
involved.
How Widespread Is Human Trafficking?
It is very difficult to assess the real size of human trafficking because the crime takes place
underground, and is often not identified or misidentified.
However, a conservative estimate of the crime puts the number of victims at any one time at 2.5
million. We also know that it affects every region of the world and generates tens of billions of
dollars in profits for criminals each year.
To learn more about human trafficking in different countries and regions of the world,
download UNODC's Global Report on Trafficking in Persons

Which Countries Are Affected By Human Trafficking?
Human trafficking affects every country of the world, as countries of origin, transit or destination
- or even a combination of all. Trafficking often occurs from less developed countries to more
developed countries, where people are rendered vulnerable to trafficking by virtue of poverty,
conflict or other conditions. Most trafficking is national or regional, but there are also notable
cases of logn-distance trafficking. Europe is the destination for victims from the widest range of
destinations, while victims from Asia are trafficked to the widest range of destinations. The
Americas are prominent both as the origin and destination of victims of human trafficking.
To learn more about human trafficking in different countries and regions of the world,
download UNODC's Global Report on Trafficking in Persons

What Is The Most Commonly Identified Form Of Human Trafficking?
In UNODC's Global Report on Trafficking in Persons, sexual exploitation was noted as by far the
most commonly identified form of human trafficking (79%) followed by forced labour (18%).
This may be the result of statistical bias. By and large, the exploitation of women tends to be
visible, in city centres or along highways. Because it is more frequently reported, sexual
exploitation has become the most documented type of trafficking, in aggregate statistics. In
comparison, other forms of exploitation are under-reported: forced or bonded labour; domestic
servitude and forced marriage; organ removal; and the exploitation of children in begging, the
sex trade and warfare.

Who Are The Victims And Culprits Of Human Trafficking?
Victims of trafficking can be any age, and any gender. However, a disproportionate number of
women are involved in human trafficking both as victims and as culprits. Female offenders have
a prominent role in human trafficking, particularly where former victims become perpetrators as
a means of escaping their own victimisation. Most trafficking is carried out by people whose
nationality is the same as that of their victim.

What Is The Role Of Transnational Organised Crime Groups In Human
Trafficking?
Trafficking is almost always a form of organized crime and should be dealt with using criminal
powers to investigate and prosecute offenders for trafficking and any other criminal activities in
which they engage. Trafficked persons should also be seen as victims of crime. Support and
protection of victims is a humanitarian objective and an important means of ensuring that
victims are willing and able to assist in criminal cases.
As with other forms of organized crime, trafficking has globalized. Groups formerly active in
specific routes or regions have expanded the geographical scope of their activities to explore new
markets. Some have merged or formed cooperative relationships, expanding their geographical
reach and range of criminal activities. Trafficking victims have become another commodity in a
larger realm of criminal commerce involving other commodities, such as narcotic drugs and
firearms or weapons and money laundering, that generate illicit revenues or seek to reduce risks
for traffickers.
The relatively low risks of trafficking and substantial potential profits have, in some cases,
induced criminals to become involved as an alternative to other, riskier criminal pursuits. With
the adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, supplementing the UN Convention against Transnational Organized Crime
in November 2000, countries have begun to develop the necessary criminal offences and
enforcement powers to investigate, prosecute and punish traffickers and to confiscate their
profits, but expertise and resources will be needed to make the new measures fully effective.
Risks are further reduced by the extent to which victims are intimidated by traffickers, both in
destination countries, where they fear deportation or prosecution for offences such as
prostitution or illegal immigration, and in their countries of origin, where they are often
vulnerable to retaliation or re-victimization if they cooperate with criminal justice authorities. The
support and protection of victims is a critical element in the fight against trafficking to increase
their willingness to cooperate with authorities and as a necessary means of rehabilitation.

What Types Of Industries Are Involved With Human Trafficking?
Most trafficked forced labour affects people working at the margins of the formal economy, with
irregular employment or migration status. The sectors most frequently documented are
agriculture or horticulture, construction, garments and textiles under sweatshop conditions,
catering and restaurants, domestic work, entertainment and the sex industry.
Human trafficking also affects other quite mainstream economic sectors, including food
processing, health care and contract cleaning, mainly in private but also in public sector
employment, such as the provision of healthcare services.

Is There A Legal Instrument To Tackle Human Trafficking?
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and
Children, was adopted by the United Nations General Assembly in 2000 and entered into force on
25 December 2003.
The Trafficking Protocol, which supplements the United Nations Convention against Transnational
Organized Crime, is the only international legal instrument addressing human trafficking as a
crime and falls under the jurisdiction of the United Nations Office on Drugs and Crime (UNODC).
The purposes of the Trafficking Protocol are:
To prevent and combat trafficking in persons
To protect and assist victims of trafficking, and
To promote cooperation among States Parties in order to meet these objectives.
The Trafficking Protocol advances international law by providing, for the first time, a working
definition of trafficking in persons and requires ratifying States to criminalize such practices.
To learn more about the United Nations Convention on Transnational Organized Crime and its
supplementary Protocols, click here.

What Does UNODC Do To Assist Victims Of Human Trafficking?
A core element of UNODC's mandate under the U.N. Trafficking Protocol is to increase the level
of protection and assistance provided to victims of human trafficking crimes (Articles 2(b), 6, 7 &
8).

The Protocol is the major international instrument combating human trafficking. As the custodian
of this instrument, UNODC assists countries to fully implement a comprehensive response to
trafficking, not only by ensuring the structures are in place to convict traffickers but also in
addressing the realities experienced by victims of such crimes.

The relevant technical assistance provided to countries by UNODC includes:
Assisting the review and revision of domestic legislation concerning assistance and
protection of victims;
Training criminal justice practitioners and service providers on protection of victims
of trafficking in persons;
Supporting countries in the provision of physical, psychological and social
assistance to the victims, including cooperation with NGOs and civil society;
Securing the safety of victims.
To learn more about UNODC's response to human trafficking, click here.

What Is UNODC's Stance On Prostitution?
It is important to note that when the Trafficking In Persons Protocol was negotiated, Member
States decided to keep the issue of prostitution within the domain of national competence - that
is, as a question of national policy for the discretion of States.

A definition of exploitation is not given in the Protocol. Only a minimum list of offences that
should be recognized by Member States is provided. The Protocol only mentions the "exploitation
of the prostitution of others" as being a form of exploitation of the crime of human trafficking.
Otherwise, there is no basis for stating an opinion on prostitution other than in the context of
human trafficking.

While countries take very different approaches to prostitution (the range of national policies
include complete prohibition and criminalization of both prostitutes and clients, through
decriminalization combined with regulation and decriminalization combined with mere toleration,
to legalization), there is no settled opinion yet regarding which approach has the most positive
effect in countering human trafficking.

The strict policy line of UNODC is to remain neutral on the issue of prostitution.

What Are The Major Challenges Faced In The Battle Against Human Trafficking?
A number of points can be made:
It is important that every effort is undertaken to establish the gravity of the
problem and tackle the issue from the source to destination. What numbers are
available show the problem has not abated and is not likely to. One of the
challenges relates to the gathering of accurate information in order that a true
picture of the phenomenon can be gauged. In this respect, some progress has been
made but more needs to be done.
From UNODC's work across the criminal justice sector, we are fully aware that
human trafficking is often only one activity of extensive and highly sophisticated
international crime networks.
We need to ensure that, despite the many conflicting priorities faced by member
states that the issue of countering human trafficking is clearly given a high priority
and focus by the international community.
We need to consider the type of action that can be taken to raise awareness of the
problem and take steps to prevent trafficking at source (reference to UNODC public
service announcements).
A major challenge is to ensure that action is taken to ratify and effectively
implement the Convention Against Transnational Organized Crime and the Protocol
to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children.
Improving international cooperation and coordination, particularly in relation to
developing information exchange and operational cooperation between law
enforcement agencies needs to be strengthened.
There is a need to take a more holistic and partnership approach to tackling the
problem. In this respect, UNODC fully recognizes the importance of mobilizing the
support of NGOs, IGOs, governments and the community at large.

Do Many Traffickers Get Caught And Convicted?
The number of convictions is increasing, but unfortunately not proportionately to the growing
awareness and extent of the problem. There are several likely reasons for the low number of
convictions of human traffickers. One of the reasons is the absence of anti-trafficking legislation
in some countries. Alternatively, there may be legislation addressing human trafficking but law
enforcement officials and prosecutors might not be properly trained to utilize it. Sometimes
situations of human trafficking are mistaken for situations of migrant smuggling; this can result
in inappropriate and inadequate sentences applied to crimes. Another potential obstacle to
securing convictions may also be corruption. Further to this, sometimes prosecutions are not
successful because of the unwillingness of victims to cooperate with the criminal justice system
where they have been threatened and intimidated by traffickers.

PROTOCOL TO PREVENT, SUPPRESS AND PUNISH
TRAFFICKING IN PERSONS, ESPECIALLY WOMEN AND
CHILDREN, SUPPLEMENTING THE UNITED NATIONS
CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME

1. The need of the protocol

To take effective action to prevent and combat trafficking in persons, especially women and
children, requires a comprehensive international approach in the countries of origin, transit and
destination that includes measures to prevent such trafficking, to punish the traffickers and to
protect the victims of such trafficking, including by protecting their internationally recognized
human rights,
there is no universal instrument that addresses all aspects of trafficking in persons
elaborating a comprehensive international convention against transnational organized crime

1. The PROTOCOL

The purposes of this Protocol are:

(a) To prevent and combat trafficking in persons, paying particular attention to women and
children;
(b) To protect and assist the victims of such trafficking, with full respect for their human rights;
and
(c) To promote cooperation among States Parties in order to meet those objectives.

Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or
receipt of persons, by means of the threat or use of force or other forms of coercion, of
abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the
giving or receiving of payments or benefits to achieve the consent of a person having control
over another person, for the purpose of exploitation. Exploitation shall include, at a minimum,
the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour
or services, slavery or practices similar to slavery, servitude or the removal of organs;


Child shall mean any person under eighteen years of age.




Article 5
Criminalization

1. Each State Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences the conduct set forth in article 3 of this Protocol, when committed
intentionally. 2. Each State Party shall also adopt such legislative and other measures as may be
necessary to establish as criminal offences:

Article 6
Assistance to and protection of victims of
trafficking in persons
1. In appropriate cases and to the extent possible under its domestic law, each State Party shall
protect the privacy and identity of victims of trafficking in persons, including, inter alia, by
making legal proceedings relating to such trafficking confidential.
2. Each State Party shall ensure that its domestic legal or administrative system contains
measures that provide to victims of trafficking in persons, in appropriate cases:
(a) Information on relevant court and administrative proceedings;
(b) Assistance to enable their views and concerns to be presented
and considered at appropriate stages of criminal proceedings against offenders, in a manner not
prejudicial to the rights of the defence.
3. Each State Party shall consider implementing measures to provide for the physical,
psychological and social recovery of victims oftrafficking in persons, including, in appropriate
cases, in cooperation with non-governmental organizations, other relevant organizations and
other elements of civil society, and, in particular, the provision of:
(a) Appropriate housing;
(b) Counselling and information, in particular as regards their legal rights, in a language that the
victims of trafficking in persons can understand;
(c) Medical, psychological and material assistance; and
(d) Employment, educational and training opportunities

Article 9
Prevention of trafficking in persons
1. States Parties shall establish comprehensive policies, programmes and other measures:
(a) To prevent and combat trafficking in persons; and
(b) To protect victims of trafficking in persons, especially women and children, from
revictimization.

Article 12
Security and control of documents
Each State Party shall take such measures as may be necessary,
within available means:
(a) To ensure that travel or identity documents issued by it are of such quality that they cannot
easily be misused and cannot readily be falsified or unlawfully altered, replicated or issued; and
(b) To ensure the integrity and security of travel or identity documents issued by or on behalf of
the State Party and to prevent their unlawful creation, issuance and use.

Article 16
Signature, ratification, acceptance,
approval and accession
1. This Protocol shall be open to all States for signature from 12 to 15 December 2000 in
Palermo, Italy, and thereafter at United Nations Headquarters in New York until 12 December
2002.




International Framework for Action
To Implement the Trafficking in Persons Protocol

I. What is the Framework for Action

The Framework for Action is a technical assistance tool that assists United Nations Member States in
the effective implementation of the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children (United Nations Trafficking Protocol), supplementing the United
Nations Convention against Transnational Organized Crime (UNTOC). The Framework is based on the
objectives of the United Nations Trafficking Protocol and its provisions, following the three
internationally recognized themes of prevention, protection and prosecution (the 3Ps) and national and
international cooperation and coordination. It recommends operational measures for each of the
Protocols provisions. These measures draw on other international instruments, political commitments,
guidelines and good practices to enable the implementation of a comprehensive anti-human trafficking
response. The Framework will assist Member States in identifying gaps and putting in place additional
measures they may need, in conformity with international standards. The proposed measures and the
resource documents listed are non-exhaustive and therefore should be complemented by additional
measures and tailored to countries regional and national context as well as institutional and legal
systems.

II. Why elaborate a Framework for Action

The United Nations Trafficking Protocol stresses the need to adopt a comprehensive approach to
trafficking in persons which addresses all aspects of the crime and which balances criminal justice
concerns with the need to ensure the rights and protection of victims. The United Nations Trafficking
Protocol entered into force on 25 December 2003. Since then, while there has been progress in the
number of ratifications (132 State Parties as of September 2009) generating amendments to national
legislation, there has been less evidence of its effective implementation.

III. Main cross-cutting challenges in the fight against trafficking in persons

The growing number of States Parties to the United Nations Trafficking Protocol is an expression of the
political will of Member States to combat human trafficking. Nevertheless, ratification in itself is not
sufficient to ensure its effective implementation and impact on the ground. The relevant reports of the
Secretariat to the Conference of Parties to the Convention,5 an analysis of existing regional and national
action plans and corresponding evaluation reports and recent publications such as the Global Report on
Trafficking in Persons all serve to highlight key cross-cutting challenges in the response to trafficking in
persons. A consistent challenge in the practical implementation of anti-human trafficking activities is
allocation of sufficient financial resources. The main topical challenges identified in prevention,
protection and prosecution efforts lie in the three following areas: (a) knowledge and research, (b)
capacity building and development and (c) monitoring and evaluation. In addition to the
abovementioned topical challenges, insufficient allocation of resources is a consistent challenge in the
practical implementation of anti-human trafficking activities.

Knowledge of and research into the specific national, regional and international trafficking in persons
context is a prerequisite for the elaboration, implementation and evaluation of anti-human trafficking
strategies and development of evidence based policies. Knowledge and research are also paramount to
overcoming the current partial understanding of the crime and the violations of human rights it entails.

Member States are faced with different challenges in preventing and combating trafficking in persons,
not only because the extent and nature of the problem varies but also due to different capacities across
countries and regions. For this reason, strengthening capacity at the national level is necessary so that
Member States have the institutional and technical ability to develop, implement and assess their own
anti-human trafficking policies and strategies.

Systematic gathering and analysis of data on trafficking in persons is an important step for increasing
the knowledge base and for monitoring trends and patterns at national, regional and international
levels. In addition, data gathering and analysis are important as they help to set baselines against which
Member States can assess progress in the implementation of national policies, strategies and
programmes.





IV. Addressing the challenges
A. Guiding principles

In order to address these challenges, there are a number of interacting principles applicable to all
aspects of a comprehensive anti-human trafficking response.
Human rights-based approach: The human rights of trafficked persons should be at the centre
of all efforts to prevent and combat trafficking and to protect, assist and provide redress to victims. Anti-
trafficking measures shall not adversely affect the human rights and dignity of persons, in particular the
rights of those who have been trafficked, and of migrants, unaccompanied and separated children,
internally displaced persons, refugees and asylum-seekers.
Principle of non-discrimination: The measures set out in the United Nations Trafficking
Protocol should be interpreted and applied in a way that is not discriminatory to persons on the ground
that they are victims of trafficking in persons. The interpretation and application of those measures
should be consistent with internationally recognized principles of non-discrimination.
Gender-sensitive approach: Trafficking in both men and women should be acknowledged and
the similarities and differences in the trafficking experience of women and men, in relation to
vulnerabilities and violations should be addressed. The differential impacts of policies on men and
women should also be taken into account. A gender-sensitive approach empowers potential and actual
victims to access information and remedies, and to claim their human rights. It includes ensuring that
anti-trafficking strategies address gender-based discrimination and violence, and promote gender
equality and the realization of human rights for both women and men.
Child-Rights approach and child participation: All actions undertaken in relation to child
victims and children at risk should be guided by applicable human rights standards and in particular by
the principles of protection and respect for childrens rights as set out in the United Nations Convention
on the Rights of the Child (CRC) and in its Optional Protocol on the sale of children, child prostitution and
child pornography. Child victims are entitled to special protection measures, irrespective of their legal
status both as victims and as children, in accordance with their special rights and needs. In all actions
concerning children at risk and child victims, the best interest of the child shall be the primary
consideration.
The United Nations Trafficking Protocol and other international instruments: The United
Nations Trafficking Protocol supplements the United Nations Convention against Transnational
Organized Crime and should be interpreted together with the Convention. Nothing in the Protocol shall
affect the rights, obligations and responsibilities of States and individuals under international law,
including international humanitarian law and international human rights law, international labour
standards and, in particular, where applicable, the 1951 Convention and the 1967 Protocol Relating to
the Status of Refugees and the principle of non-refoulement as contained therein.
Comprehensive international approach: Effective action to prevent and combat trafficking in
persons, especially women and children, requires a comprehensive international approach in the
countries of origin, transit and destination that includes measures to prevent such trafficking, to punish
the traffickers and to protect the victims of such trafficking, including by protecting their internationally
recognized human rights.
Interdisciplinary, coordinated, integrated approach: As a multidisciplinary problem,
trafficking in persons requires that policies on a variety of issues are coordinated and consistent with the
objective of preventing and combating trafficking in persons. Member States must ensure coordination
among the various governmental agencies involved in anti-trafficking activities, among those agencies
and NGOs, and among the agencies in one Member State and those in others.
Evidence-based approach: Policies and measures to prevent and combat trafficking in persons
should be developed and implemented based on data collection and research and regular monitoring
and evaluation of the anti-trafficking response.
Sustainability: A sustainable anti-trafficking response is one that endures over time and is able
to adapt creatively to changing conditions. Sustainability refers to coherence of practices in both time
and efficiency.


1. Prosecution

Trafficking in persons remains largely under-prosecuted and punished. Although many countries
have a specific offence criminalizing trafficking in persons in all or most of its forms, many
countries still do not have a legal framework covering all provisions of the Protocol in a
comprehensive manner. Conviction rates under the specific offence of trafficking remain low. In
order to improve prosecution efforts, the following measures are required:
(a) Develop or strengthen national legal frameworks so that they are comprehensive and in
compliance with the United Nations Trafficking Protocol and ensure their implementation in line
with the Protocol and other international standards, prioritizing the rights of victims: i. Ensure
that trafficking in persons is a criminal offence as defined in the United Nations Trafficking
Protocol and prioritize the prosecution of trafficking in persons rather than related offences.
ii. Ensure criminalization of crimes related to trafficking in persons, such as corruption, money
laundering, obstruction of justice and participation in an organized criminal group.
iii. Ensure that penalties and sanctions are appropriate and proportionate to the gravity of the
crime and that proceeds of trafficking in persons are confiscated.
iv. Ensure the rights of victims, including the rights of victims and witnesses to protection
before, during and after the prosecution of the crime, as well as effective collaboration between
law enforcement and social welfare, and civil society.
v. Develop proactive, intelligence led investigative techniques without reliance on the testimony
of victims, and establish and ensure implementation of judicial procedures to avoid the re-
victimization of trafficked persons, in particular children, during the judicial process.
(b) Ensure the enforcement of national anti-human trafficking legislation including by issuing
regulations, circulars and/or administrative guidelines and by strengthening the capacity of
criminal justice practitioners.
(c) Ensure the establishment of relevant institutions, such as specialized police units and
judicial structures.



2. Protection

Many victims of trafficking are not identified and therefore remain unprotected. The
identification of trafficked persons is a prerequisite for their access to assistance and protection.
Many countries still need to establish or improve victim identification processes and the
corresponding referral mechanisms. In order to improve the protection of victims, the following
measures are required:
(a) Adopt or amend the necessary legislative measures for comprehensive protection of and
assistance to victims of trafficking and their empowerment and protection from re-victimization.
(b) Develop or strengthen the identification process, including through identification
guidelines and procedures and other effective identification techniques.
(c) Ensure the enforcement of legislation measures including by issuing regulations, circulars
and/or administrative guidelines.
(d) Establish or strengthen national referral mechanisms for victim protection and assistance,
including referral to the asylum-system where appropriate.
(e) Ensure the application of international standards and a human rights-based approach to
victim protection and assistance irrespective of their cooperation with law enforcement, taking
into account the special needs of children. Such an approach includes access to a range of
assistance services, granting a reflection period, access to compensation, possibility of temporary
or permanent residency and non-liability of victims for their involvement in unlawful activities
as a result for being trafficked.
(f) Adopt the necessary measures to ensure that the return of a trafficked person is undertaken
on a voluntary basis and that any decision to return is preceded by a risk assessment and with due
regard for his/her safety.

3. Prevention

Prevention is one of the most important aspects of an effective anti-human trafficking response.
However, not all prevention strategies are integrated into broader policies related to trafficking in
persons and many lack evidence-based research and planning as well as impact evaluations. In
order to improve prevention strategies and programmes, the following measures are required:
(a) Amend or adopt the necessary legislative measures and establish comprehensive policies
and programmes to prevent trafficking in persons and to protect victims from re-victimization,
including measures to promote/support lawful migration for decent work and for youth of
working age.
(b) Ensure effective national child protection systems and the active participation of children in
the development of preventive measures.
(c) Ensure coherence among public policies related to trafficking in persons (migration, crime
prevention, education, employment, health, security, non-discrimination, economic development,
protection of human rights, child protection, gender equality, among others).
(d) Develop or strengthen measures to reduce vulnerability to trafficking by addressing its root
causes including the demand that fosters all forms of trafficking in persons, and social
indifference to exploitation.
(e) Conduct needs assessments for and impact evaluations of prevention strategies and
programmes.12 Part one. Framework for Action
4. National coordination and cooperation

Trafficking in persons is a complex multifaceted crime. The fight against trafficking requires the
involvement of all sectors of society and a wide array of national institutions. This can lead to
duplication of efforts, inefficient use of resources, incoherent or contradictory interventions and
it can result in a less effective response. Member States must have inter-agency coordination and
cooperation mechanisms in place that allow for information exchange, strategic planning,
division of responsibilities and sustainability of results. In order to improve national cooperation
and coordination, the following measures are required:
(a) Ensure the development and implementation of comprehensive and evidence-based policies
on trafficking in persons and ensure coherence with other related policies.
(b) Establish a system or mechanism of multidisciplinary cooperation and coordination among
relevant stakeholders, such as governmental institutions (including law enforcement agencies,
judicial authorities, labour inspectorates, immigration and asylum authorities), non-governmental
organizations, victim service providers, health institutions, child protection institutions, trade
unions, workers and employers organizations, and the private sector.
(c) Ensure monitoring and evaluation of national strategies and/or plans of action to assess
progress and impact in order to enable course-corrective actions, additional measures and/or
changes in national policies.

5. International cooperation and coordination


Trafficking in persons is a crime that is often committed across borders and therefore requires
Member States to cooperate and coordinate among themselves and with international and
regional organizations. Member States often do not have the capacity to prevent, investigate,
adjudicate and punish transnational crimes because international cooperation is either non-
existent or inadequate. Moreover, international mechanisms or structures must be in place to
improve the coordination of efforts of international and regional organizations. In order to
improve international cooperation and coordination, the following measures are required:
(a) Create the legal basis for international cooperation, including the promotion of cooperation
agreements.
(b) Develop or strengthen national capacity in extradition, mutual legal assistance, transfer of
sentenced persons, joint investigations, international cooperation for purposes of confiscation.
(c) Develop or strengthen national capacities for the identification, return, risk assessment and
reintegration of victims of trafficking, with special consideration to the best interest of the child,
and establish cooperation between countries of destination, transit and origin. Part one.
Framework for Action 13
(d) Promote formal and informal cooperation, such as establishing communications
procedures, and information and data exchange.
(e) Ensure coherence in policy recommendations and technical assistance provided by
international and regional organizations.
(f) Ensure division of labour based on organizations mandates and core competencies in order
to avoid unnecessary duplication of efforts and to rationalize activities to make them cost-
effective.
(g) Promote cooperation and joint programming among international and regional
organizations for the development and implementation of common strategies
and programmes.



Recommended Principles and Guidelines
on Human Rights and Human Trafficking

Recommended Principles on Human Rights and
Human Trafficking
The primacy of human rights
1. The human rights of trafficked persons shall be at the centre of all efforts to prevent and combat
trafficking and to protect, assist and provide redress to victims.
2. States have a responsibility under international law to act with due diligence to prevent trafficking, to
investigate and prosecute traffickers and to assist and protect trafficked persons.
3. Anti-trafficking measures shall not adversely affect the human rights and dignity of persons, in
particular the rights of those who have been trafficked, and of migrants, internally displaced persons,
refugees and asylum-seekers.
Preventing trafficking

4. Strategies aimed at preventing trafficking shall address demand as a root cause of trafficking.
5. States and intergovernmental organizations shall ensure that their interventions address the factors
that increase vulnerability to trafficking, including inequality, poverty and all forms of discrimination.
6. States shall exercise due diligence in identifying and eradicating publicsector involvement or
complicity in trafficking. All public officials suspected of being implicated in trafficking shall be
investigated, tried and, if convicted, appropriately punished.
Protection and assistance

7. Trafficked persons shall not be detained, charged or prosecuted for the illegality of their entry into or
residence in countries of transit and destination, or for their involvement in unlawful activities to the
extent that such involvement is a direct consequence of their situation as trafficked persons.
8. States shall ensure that trafficked persons are protected from further exploitation and harm and have
access to adequate physical and psychological care. Such protection and care shall not be made
conditional upon the capacity or willingness of the trafficked person to cooperate in legal proceedings.

The term trafficking, as used in the present Principles and Guidelines, refers to the recruitment,
transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or
other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person
having control over another person, for the purpose of exploitation. Exploitation shall include, at a
minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced
labour or services, slavery or practices similar to slavery, servitude or the removal of organs. Source:
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,
supplementing the United Nations Convention against Transnational Organized Crime (article 3 (a)).2

9. Legal and other assistance shall be provided to trafficked persons for the duration of any criminal, civil
or other actions against suspected traffickers. States shall provide protection and temporary residence
permits to victims and witnesses during legal proceedings.

10. Children who are victims of trafficking shall be identified as such. Their best interests shall be
considered paramount at all times. Child victims of trafficking shall be provided with appropriate
assistance and protection. Full account shall be taken of their special vulnerabilities, rights and needs.

11. Safe (and, to the extent possible, voluntary) return shall be guaranteed to trafficked persons by both
the receiving State and the State of origin. Trafficked persons shall be offered legal alternatives to
repatriation in cases where it is reasonable to conclude that such repatriation would pose a serious risk
to their safety and/or to the safety of their families. Criminalization, punishment and redress

12. States shall adopt appropriate legislative and other measures necessary to establish, as criminal
offences, trafficking, its component acts and related conduct.
13. States shall effectively investigate, prosecute and adjudicate trafficking, including its component acts
and related conduct, whether committed by governmental or by non-State actors.
14. States shall ensure that trafficking, its component acts and related offences constitute extraditable
offences under national law and extradition treaties. States shall cooperate to ensure that the
appropriate extradition procedures are followed in accordance with international law.
15. Effective and proportionate sanctions shall be applied to individuals and legal persons found guilty of
trafficking or of its component or related offences.
16. States shall, in appropriate cases, freeze and confiscate the assets of individuals and legal persons
involved in trafficking. To the extent possible, confiscated assets shall be used to support and
compensate victims of trafficking.
17. States shall ensure that trafficked persons are given access to effective andappropriate legal
remedies

Recommended Guidelines on Human Rights and Human Trafficking

Guideline 1: Promotion and protection of human rights
Guideline 2: Identification of trafficked persons and traffickers
Guideline 3: Research, analysis, evaluation and dissemination
Guideline 4: Ensuring an adequate legal framework
Guideline 5: Ensuring an adequate law enforcement response
Guideline 6: Protection and support for trafficked persons
Guideline 7: Preventing trafficking
Guideline 8: Special measures for the protection and support of child victims of trafficking
Guideline 9: Access to remedies
Guideline 10: Obligations of peacekeepers, civilian police and humanitarian and diplomatic
personnel
Guideline 11: Cooperation and coordination between States and regions


The statute function and role of the ICC


It was created 1998 in Rome
It has jurisdiction over only the most serious crimes of concern to the int. community as a
whole
This reflects the jurisdictional reach of the ad hoc tribunals, being a combination of ICTY and
ICTR articles
For the moment, the subject matter jurisdiction of the ICC is, then, restricted to genocide, war
crimes, and crimes against humanity
Once it has established credibility and gained the respect of the international community, the
range of int. crimes, over which ICC can exercise jurisdiction may be expanded with the consent
of the State parties
The court may exercise jurisdiction only in cases where
o The alleged crime has been commited on the territory of a state party to the statue
o The person accused of the crime is a national of a state party to the statue
A critical element of the ICC is that its jurisdiction is complementary to that of national criminal
justice systems
It does not replace national courts
National courts enjoy priority over ICC
The aim of the drafters was to construct a court that was independent, fair, impartial, effective,
representative, and free from political influence
The court can exercise jurisdiction over crimes falling within the scope of statute only when a
situation has been referred to the prosecutor
o By a state
o By the SC
o Where the prosecutor himself initiates investigation