Stateless Crimes,Legitimacy, and International Criminal Law: The Case of Organ Trafficking

Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or crimes against humanity. Although the United States Code characterizes trafficking as “a transnational crime with national implications,” (22 U.S.C. § 7101(b)(24) (2010)), trafficking is rarely prosecuted in domestic courts. It has thus functioned in practice largely as what might be judged a “stateless” offense, out of the purview of both international and national courts. Yet these forms of organ trafficking remain widespread—and devastating to those who are its victims. In this article, we begin by describing what is known about the extent of organ trafficking and trafficking in persons for the purpose of removal of organs. We then critically evaluate how and why such trafficking has remained largely unaddressed by both international and domestic criminal law regimes. This state of affairs, we argue, presents a missed chance for developing the legitimacy of international criminal law and an illustration of how far current international legal institutions remain from ideal justice.     

Trafficking in persons and victim health in Australia

This article explores the health problems experienced by victims of trafficking in persons in Australia and analyses the domestic support schemes established to assist these victims. It focuses specifically on the health of adult, female victims who constitute the majority of identified victims, and who are the principal recipients of government support services. Domestic experiences and support schemes are reviewed in the light of international law and best practice guidelines. Recommendations are made to improve the health services available to victims of trafficking in persons in Australia.     

Trafficking in persons report

The Department of State is required by law to submit a Report each year to the U.S. Congress on foreign governments' efforts to eliminate severe forms of trafficking in persons. This Report is the sixth annual TIP Report. It is intended to raise global awareness, to highlight the growing efforts of the international community to combat human trafficking, and to encourage foreign governments to take effective actions to counter all forms of trafficking in persons.     

我国刑法规定国际犯罪的立法模式探讨

国际犯罪分为"国际核心罪行"与"一般国际犯罪",它们源于习惯国际法或者条约国际法,但都被国际公约明确规定.我国缔结、加入了大量规定有国际犯罪的国际公约,而这些公约都要求缔约国通过国内立法对国际犯罪加以规定.因此,在我国全面或者大部分地规定国际犯罪,既是作为条约缔约国的义务,也是防止、有效惩治国际犯罪所必需的措施.鉴于我国的刑事立法特点,我们宜在刑法典中统一规定国际犯罪.即在修改刑法第9条、增加其对国际公约适用灵活性的同时,我们可以将一般国际犯罪根据其侵犯的客体规定于现有各章中,并新增一章"危害人类和平与安全罪"来规定战争罪、种族灭绝和危害人类罪这些国际核心罪行.     

A New Paradigm of Customary International Criminal Law: The UN War Crimes Commission of 1943–1948 and its Associated Courts and Tribunals

This article focuses on the United Nations War Crimes Commission’s significant contribution to the development of customary international criminal law defined by the development of international legal standards and proceedings to combat impunity and promote justice. It draws on the Commission’s official history and its increasingly open archives in order to provide an overview of the UNWCC and its work, its members and its legacy for the contemporary era of international criminal law. The article firstly places the Commission in its historical context through the events and agreements that led to its creation and provided the legal character of the UNWCC. The defining characteristics of the Commission are afterwards described: the nations involved, the committee structure it formed and the sub-commission located in the Far East. Lastly, the accomplishments of the Commission are emphasised and criticisms of its work are presented. The article concludes with a discussion on the legacy of the Commission’s work and a possible future research agenda.     

The law and economics of international sex slavery: prostitution laws and trafficking for sexual exploitation

International trafficking in humans for sexual exploitation is an economic activity driven by profit motives. Laws regarding commercial sex influence the profitability of trafficking and may thus affect the inflow of trafficking to a country. Using two recent sources of European cross country data we show that trafficking of persons for commercial sexual exploitation (as proxied by the data sets we are using) is least prevalent in countries where prostitution is illegal, most prevalent in countries where prostitution is legalized, and in between in those countries where prostitution is legal but procuring illegal. Case studies of two countries (Norway and Sweden) that have criminalized buying sex support the possibility of a causal link from harsher prostitution laws to reduced trafficking. Although the data do not allow us to infer robust causal inference, the results suggest that criminalizing procuring, or going further and criminalizing buying and/or selling sex, may reduce the amount of trafficking to a country.     

From Calculated Cruelty to Casual Violence – The United Nations War Crimes Commission and the Prosecution of Torture and Ill-Treatment

The article looks at the records of both the United Nations War Crimes Commission (UNWCC) and national courts with respect to the post-World War II prosecution of the crimes of torture and ill-treatment. It illustrates how the UNWCC and national courts dealt with the relevant legal questions, applicable laws, crimes at hand, as well as issues of retroactivity and defenses. The article also discusses the UNWCC’s contribution to the development of relevant international law, both in terms of state practice and precedent. Finally, it acknowledges the legacy of the UNWCC and post-World War II prosecutions, which constituted a collaborative effort to bring perpetrators of international crimes to justice.     

Policing prostitution in an era of human trafficking enforcement

Prostitution and commercialized vice have been variously prioritized as urban crime problems across U.S. history. In response, lawmakers have historically been guided by a prohibititionst view where people selling, buying or facilitating the sale of sex are considered to be immoral and criminal. In recent years, public concern about the trafficking of persons for sex has reframed prostitution and the expectations of government response. The U.S. federal government and all fifty states have passed legislation that is guided by an abolitionist view of prostitution where people who are forced or coerced to sell sex are redefined as victims. State, county and municipal police officers are now receiving training on how to identify human trafficking cases and investigators are being trained to investigate and prepare cases for prosecution. Despite these efforts under the new legal regime, confusion exists about how sex trafficking differs from prostitution and correspondingly necessitates different types of law enforcement responses. Adding to this complication is the fact that in many major cities the responsibility for identifying and eradicating human trafficking has fallen to the same group of investigators who are responsible for enforcing vice and prostitution laws. As a result, prostitution enforcement is expected to change as police increasingly focus on identifying sex trafficking victims. Using data on police arrests for prostitution from 1980 to 2012, we examine the impact of federal and state anti-trafficking legislation on the local enforcement of prostitution. Our findings inform debate about legal reform as a response to urban crime problems and illustrate the complexities of policy implementation and interpretation.     

Chickenheads, agents, mommies, and jockeys: the social organization of transnational commercial sex

In the sex trafficking literature, the term ??trafficker?? is often used to refer to all the various actors who are involved in the business of transnational sex work. It thus includes those who recruit women in the source countries; those who transport victims across international borders; and those who manage and exploit the women in the various commercial sex venues in the destination countries. In this paper, we will look at some of the people who fall into these categories of being ??traffickers.?? Our goal is to better understand the many people who are facilitating transnational commercial sex. We will explore their background characteristics, the reasons for their involvement in sex trafficking, their roles and functions in the business, and the nature of their relationships with the women who sell sex. We will also discuss the issue of whether, and to what extent, organized crime groups are involved as traffickers in the transnational sex trade. Our discussion is drawn from face-to-face interviews with commercial sex workers, and with sex ring operators and a variety of government officials.     

试论中国反贩运人口法律制度的完善

贩运人口是一种现代形式的奴役,严重侵害被贩运者的人权,危害社会和谐稳定。虽然有证据证明,中国的贩运人口情况很严重和需要加大对反贩运人口的法学研究,但是如何发展反贩运人口法律,仍然缺少系统的分析和严谨的论述。面对严峻的贩运人口犯罪形势,有必要完善反贩运人口法律制度,为打击贩运人口提供更为良好的法治环境。     

Sexual Slavery: Do We Need This Crime in Addition to Enslavement?

The article focusses on the crime of sexual slavery in the ICC Statute. It examines the legal definition of enslavement in Article 7 (2) (c) ICC Statute and the Elements of Crimes (EOC) of enslavement and sexual slavery as well as the jurisprudence of the SCSL which was the first to deal with the application of the EOC of sexual slavery to a concrete situation (so-called ‘forced marriage’ phenomenon). The author questions whether there is a necessity to have two crimes against humanity of enslavement and sexual slavery but on the other hand, no war crime of enslavement. Further, she rejects the interpretation that human trafficking has become part of the definition of slavery/enslavement as the footnote in the EOC seems to suggest. The author argues vigorously that the phenomenon of ‘forced marriage’ should be prosecuted as sexual slavery and not under the residual offence of inhumane acts as a ‘new’ international crime.     

Methods of sex trafficking: findings of a case study in Turkey

The underground sex industry in Turkey has increasingly become dependent on the foreign women, predominantly coming from the former Soviet Union. Some of these women became victims of sex trafficking. However, little is known about how they are recruited, transferred to, and exploited in Turkey. This article attempts to enlighten this process and makes use of police-recorded victim interviews (N?=?430), as well as key personnel interviews (N=?18) as primary data. Various methods and tactics are found to be used in sex trafficking operations in Turkey. Most victims are recruited by persons known to them proposing attractive job possibilities, especially in the entertainment business. The majority of victims enter Turkey with legal documents and with various transportation means. Traffickers obtain girls and sell them to customers in public and private settings using methods to control the victims, such as debt bondage, violence, confinement, confiscation of travel documents, and threats.     

The International Crimes Tribunal in Bangladesh and International Law

The International Crimes Tribunal in Bangladesh was re-established in 2010 in order to hold the perpetrators of the 1971 War accountable for international crimes; namely, war crimes, crimes against humanity and genocide. The Trial has already begum to operate and has been dealing with various challenges. The basis of the trial proceedings is the International Crimes (Tribunal) Act 1973. The Parliament of Bangladesh enacted the Act in accordance with international law shortly after the War. This paper assesses the key legal issues that arise from the context of the 1973 Act, and will provide a reflection on trial proceedings in light of international law. It concludes that any initiatives to address the impunity of perpetrators and offer redress to the victims of gross human rights violations should be applauded, while any trial proceedings that do not follow appropriate standards for a fair trial and offer the right of due process should be deprecated.     

Sex trafficking in Latin America: dominant discourse,empirical paucity,and promising research

Much has been written in the English-speaking world on the topic of sex trafficking, but little is known about what researchers elsewhere have produced on this topic. An exhaustive literature search was conducted to locate publications on this topic from Latin America. A total of 74 publications were located and put through a systematic content analysis. Four main discernible patterns were noticed: (1) the vast majority of the publications were produced by individuals affiliated with international or non-government organisations; (2) the production of trafficking-related literature sharply declined after 2007; (3) of the small number of studies involving empirical data, most were qualitative in nature; and (4) the literature was primarily focused on the sexual exploitation of children. The discourse on sex trafficking in Latin America appeared to be dominated by advocacy groups. There were few scholarly articles, suggesting limited attention from the academic community. Despite limited empirical data, many Spanish-speaking authors made claims on the nature and extent of sex trafficking, with articles citing one another as source of evidence. This review finds a great need for the involvement of the academic community and for dispassionate and empirically grounded research on sex trafficking.     

Trafficking in persons in Australia: myths and realities

In Australia, despite greater public awareness and acknowledgement of the problem by government agencies, trafficking in persons remains a phenomenon poorly understood and researched. The true extent of Australia's human trafficking problem is not fully known, largely due to the clandestine nature of this phenomenon. Anecdotal evidence, media reports, and statistical estimates without proper evidentiary bases are the only sources of information currently available about trafficking in persons in Australia. This article produces a more accurate assessment of the scale of trafficking in persons in the light of the open source evidence, thus contributing to the understanding of the immediate problem, and paving the way for further research on the many facets and aspects associated with trafficking in persons in Australia and elsewhere. The article calls for further research into trafficking and greater openness from relevant stakeholders, in order to clarify the facts about trafficking in Australia, and to help to dispel the myths and misconceptions that abound in discussing this issue.     

Human trafficking: Better data, strategy, and reporting needed to enhance U.S. antitrafficking efforts abroad

The U.S. government estimates that 600,000 to 800,000 persons are trafficked across international borders annually; however such estimates of global human trafficking are questionable. The accuracy of the estimates is in doubt because of methodological weaknesses, gaps in data, and numerical discrepancies. For example, the U.S. government's estimate was developed by one person who did not document all of his work, so the estimate may not be replicable, casting doubt on its reliability. Moreover, the quality of existing country level data varies due to limited availability, reliability, and comparability. There is also a considerable discrepancy between the numbers of observed and estimated victims of human trafficking. The U.S. government has not yet established an effective mechanism for estimating the number of victims or for conducting ongoing analysis of trafficking related data that resides within various government agencies.     

Commercial Sexual Exploitation of Children: an Assessment of Offender Characteristics

The commercial sexual exploitation of children (CSEC), specifically child trafficking, producers or consumers of child sex trafficking (i.e., prostitution), sexual abuse images, and enticement, has become a growing area of concern. The increasing profitability of CSEC, combined with the clandestine nature of the offenses, calls for immediate attention from international law enforcement and the mental health community. Paramount to the resolution of this global crisis is the identification of the perpetrators of various CSEC crimes. The research pertaining to these offenders is most frequently aggregated and limited to basic demographic data, providing a larger, more generalized picture of CSEC. The purpose of this study is to determine characteristics, within a sample of known CSEC offenders, that differentiate among offenders who engage in sex trafficking as trafficker; engage in sex trafficking as a producer or consumer; produce, distribute, or possess child sexual abuse images; and travel or use enticements to engage in illicit sexual contact with a minor. This observational, survey design includes a record review of 98 offenders who were processed through the FBI Miami Field Office. Results showed that males are more likely to engage in CSEC offenses compared to females. Offenders who collect child sexual abuse images tended to be employed, had no history of prior arrests, and were older than other CSEC offenders. Additionally, engaging in befriending strategies in order to gain access to a victim was also predictive of involvement in child sexual abuse images. Unemployment was the only statistically significant predictor of engaging in child sex trafficking as either a sex buyer or a producer. Finally, perpetrators who engaged in the traveling/enticement of victims were found to be younger, unemployed, single, and without a known history of contact offending. Implications of the findings are discussed.     

浅谈国际文化财产犯罪

近年来,国际文化财产犯罪呈稳步上升趋势。虽然国际社会已经制定了相关的国际公约,但是并未能有效的阻止日益猖獗的国际文化财产犯罪。就我国而言,我国现行的法律法规也并未能有效的预防和打击我国的国际文化财产犯罪。通过研究国际文化财产犯罪的特点和原因并结合我国的实际情况,有助于提升我国预防和打击国际文化财产犯罪的水平。     

Processes of Criminalization in Domestic and International Law: Considering Sexual Violence

This article explores some conceptual issues regarding criminalization at the domestic and international levels. It attempts to explain what it means to say that a particular kind of conduct has been criminalized, and considers how the processes of criminalization differ in domestic and international law. In unpacking these issues, the article takes the examples of rape and sex trafficking in domestic and international legal systems, explores whether these offenses are criminalized more broadly in international criminal law as compared to domestic criminal law, and briefly outlines possible explanations for this disparity.     

Combatting Child Sexual Maltreatment: Advances and Obstacles in International Progress*

Child sexual maltreatment now violates international law. This is an incredible development. International law no longer limits itself to sex crimes that have explicit international dimensions, such as child abduction, child trafficking, and sex tourism. International law now aims to halt practices that are more clearly domestic. These practices include Western conceptions of “child sexual abuse” such as incest and child rape. More controversially, prohibited practices also include those that large segments of certain societies may view as normal and even necessary to proper socialization, such as child marriages and gender-related rituals. This article explores these developments and highlights obstacles that may be encountered in attempts to protect children from sexual maltreatment.