Criminality and human rights concerns in the smuggling of migrants by sea

Abstract

The crime of the smuggling of migrants by sea is far from a contemporary concern, as it has been carried out over many years. Discussing it alongside the crime of human trafficking brings to the fore how the smuggled individuals are seen less as victims, but more as threats. This dissertation delves into the nature of the crime of maritime migrant smuggling by analysing the modus operandi of increasingly organised smuggling networks, and the criminality of it. Smuggling networks thrive on the various factors that lead individuals, including men, women, and children, to resort to embarking on life-threatening journeys at sea. Furthermore, these individuals board the unseaworthy vessels in hopes of reaching a place where their safety is not further jeopardised, and of seeking a better future, only to, many times, be pulled back to that country they attempted to escape. Such coordinated operations raise several human rights concerns, such as the nonrefoulement principle. These are discussed throughout the chapters of this dissertation, while taking on a multi-faceted approach, given that it is a multidimensional crime. To take on such an approach, it is necessary to understand the various concerns States have regarding their national security, and sovereignty which they exercise in international law. The measures States take to combat the crime, and the ways in which it is regulated under the international legal framework, are analysed. This dissertation seeks to raise awareness on the issue of maritime migrant smuggling, and concludes by outlining the findings of the research carried out, whereby the current legal framework does not seem to be efficient in preventing and suppressing maritime migrant smuggling, due to its dependence on State cooperation, and the reality that State practice continues to be scattered.