The Normative Foundations of the Criminalisation of Human Smuggling. Exploring the Fault Lines between European and International Law

19 Pages Posted: 18 Dec 2018

See all articles by Valsamis Mitsilegas

Valsamis Mitsilegas

Queen Mary University of London, School of Law

Date Written: December 18, 2018

Abstract

The aim of this article is to examine the different manifestations of the criminalisation of human smuggling, and to provide a critique of the normative foundations of such criminalisation. A wide range of conduct has been criminalised as human smuggling in international and European law. This conduct ranges from organised crime to exploitation and violence to humanitarian assistance to irregular entry, with recent calls being made for smuggling to be treated as a crime against humanity. The article will examine the criminalisation of human smuggling critically, by providing a taxonomy of the claimed and real normative foundations for such criminalisation. The analysis will cast light on the ambiguity behind the criminalisation of human smuggling and evaluate critically attempts to adopt a ‘catch-all’ approach towards criminalisation. The limits of this approach will be demonstrated, in particular by highlighting the considerable differences in criminalisation approaches at UN and at EU level.

Keywords: Human smuggling, Facilitation of Unauthorised Entry, Criminalisation of Migration, Crimmigration, Preventive Justice, Organised Crime, Humanitarianism, NGOs, Civil Society, Crimes Against Humanity, Palermo Convention

Suggested Citation

Mitsilegas, Valsamis, The Normative Foundations of the Criminalisation of Human Smuggling. Exploring the Fault Lines between European and International Law (December 18, 2018). Queen Mary School of Law Legal Studies Research Paper No. 294/2018. Available at SSRN: https://ssrn.com/abstract=3303200

Valsamis Mitsilegas (Contact Author)

Queen Mary University of London, School of Law ( email )

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

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