An assessment of the international regime’s efforts to address human trafficking

Abstract

Human trafficking is a complex crime in which security and human rights issues are intertwined. On the one hand, it is a highly organized crime, whilst on the other, it is a significant violation of human rights under both international and EU law. As a result, the battle against human trafficking necessitates a concerted, multifaceted effort where cooperation amongst international and regional actors is efficient and effective. However, international collaboration in legal concerns frequently clashes with domestic rules. Consequently, States participating in such cooperative efforts face the possibility of encountering foreign legal systems based on principles which differ from or contradict their own. These difficulties are especially apparent in criminal-justice cooperation, such as in human trafficking. Here foreign systems often hold opposing views on core concepts including on due process, fair trial, and excessive punishment. Thus, international cooperation between legal regimes aimed at combating human trafficking often proves to be difficult, both on a personal and political level. Nevertheless, with the wide ratification of international and regional instruments, as well as with the work of various international organization, such cooperation is facilitated. The evaluation of the efforts made by such instruments aimed at fostering cooperation will be the focus of this study. In examining whether the aforementioned instruments constitute an effective means of combatting human trafficking, their developments, accomplishments, and the difficulties faced throughout their implementation are discussed.