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