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16.1 Maritime Security and Irregular People Flows 16.1 Maritime Security and Irregular People Flows
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16.2 Stowaways 16.2 Stowaways
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16.3 Maritime Migrant Smuggling and Trafficking in Individuals 16.3 Maritime Migrant Smuggling and Trafficking in Individuals
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16.3.1 Trafficking in individuals, especially women and children 16.3.1 Trafficking in individuals, especially women and children
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16.3.1.1 The crimes compared 16.3.1.1 The crimes compared
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16.3.1.2 The Trafficking Protocol 16.3.1.2 The Trafficking Protocol
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16.3.2 Maritime migrant smuggling 16.3.2 Maritime migrant smuggling
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16.3.2.1 Interception operations and rescue at sea 16.3.2.1 Interception operations and rescue at sea
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16.3.2.2 Rescue at sea: the legal regime 16.3.2.2 Rescue at sea: the legal regime
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16.4 Safeguarding Human Rights Protection through Cooperation 16.4 Safeguarding Human Rights Protection through Cooperation
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16 The Human Element of Maritime Crime: Stowaways, Human Trafficking, and Migrant Smuggling
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Published:March 2016
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Abstract
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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