Part II Crimes, 5 Migrant Smuggling
- Migrants, rights — Non-refoulement — Migrants — Statutory limitations
‘Irregular migration’ in the sense of unauthorized crossing of borders even if in pursuit of asylum raises two questions: whether the movement of individuals whose status as refugees is yet to be determined is a lawful form of migratory movement or not; and whether assisting these individuals to cross borders is lawful or not? This chapter explores the nature of modern migrant smuggling before turning to the criminalization of assistance of migration of individuals whether or not the qualify for refugee status. It examines the main international instrument designed for that purpose, the Migrant Smuggling Protocol, paying particular attention to the various criminal offences in the Protocol. It then shifts its attention to the protection of the migrants themselves under the Protocol, focussing on the inadequacy of their human rights protection.