• E4J University Module Series: Trafficking in Persons & Smuggling of Migrants

• Module 1: Migrant Smuggling as a Specific Crime Type

• Introduction and learning outcomes

• Key issues

  • The criminalization of smuggling of migrants
  • • UNTOC and the Protocol against the Smuggling of Migrants
    • Offences under the Protocol
    • Financial or other material benefit
    • Aggravating circumstances
    • Criminal liability
  • Non-criminalization of smuggled migrants
  • • The scope of protection
    • Humanitarian exemption
    • Jurisdiction
  • Migrant smuggling v. irregular migration
  • Migrant smuggling vis-à-vis other crime types

• Exercises

• Possible class structure

• Core reading

• Advanced reading

• Other resources

• Student assessment

• Additional teaching tools

 

Published in January 2019.

 

 

  This module is a resource for lecturers  

 

Core reading

 

This section provides a list of (mostly) open access materials that the lecturer could ask the students to read before taking a class based on this Module.

• United Nations Office on Drugs and Crime (2010). A Short Introduction to Migrant Smuggling (Issue Paper).
• Gallagher, Anne and David, Fiona (2004). "The International Law of Migrant Smuggling."
• International Council on Human Rights Policy (2010).  Irregular Migration, Human Smuggling, and Human Rights: Towards Coherence , pp. 68-71.
• United Nations Office on Drugs and Crime (2017). The Concept of "Financial or Other Material Benefit" in the Smuggling of Migrants Protocol (Issue Paper), pp. 7-10 and 13-15.
• United Nations Office on Drugs and Crime (2011). Smuggling of Migrants by Sea (Issue Paper).

 

Legal Instruments

• The United Nations Convention on Transnational Organized Crime and its Supplementing Protocol against the Smuggling of Migrants by Land, Sea and Air, 2000.
• The United Nations Convention on the Law of the Sea, 1982.
• National laws as applicable, please consult SHERLOC Case Law Database on the Smuggling of Migrants.
• United Nations (1948). The Universal Declaration of Human Rights.
• United Nations (1966). International Covenant on Civil and Political Rights.
• United Nations (1966). International Covenant on Economic, Social and Cultural Rights.
• United Nations (2000). Report of the Ad Hoc Committee on the Elaboration of a Convention Against Transnational Organized Crime on the Work of its First to Eleventh Sessions.

 

Next: Advanced reading

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