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Part II Maritime Security Law, 16 The Human Element of Maritime Crime: Stowaways, Human Trafficking, and Migrant Smuggling

Patricia Mallia

From: The IMLI Manual on International Maritime Law: Volume III: Marine Environmental Law and International Maritime Security Law

Edited By: David Joseph Attard, Malgosia Fitzmaurice, Norman Martinez, Riyaz Hamza

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 13 June 2024

Migrants, rights — Non-refoulement — Migrants — Regional co-operation — Human trafficking — ae5ae3aa-6d71-1014-90bf-c1927c3ed365 — UNCLOS (UN Convention on the Law of the Sea)

This chapter gives an overview of the legal regime relevant to stowaways, migrant smuggling, and trafficking in individuals. While the human element is a common thread which runs throughout all of these offences, the latter two share a much closer connection since they constitute the subject of two of the three Protocols to the United Nations Convention against Transnational Organized Crime 2000 (CATOC). The regime relating to stowaways is dealt with first, and the duties of States with regard to rescue at sea and State rights and powers under the law of the sea regime is discussed in relation to migrant smuggling and trafficking in individuals. This joint consideration also reflects the International Maritime Organization’s (IMO) approach to dealing with these forms of organized crime, the focus being on combating unsafe practices associated with the trafficking or transport of migrants by sea.

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