العناصر الأساسية لأعتبار الأتجار بالبشر جريمة ضد الأنسانية بموجب نظام روما الأساسي

Volume 11, Issue 1
Spring 2020
Pages 239-259

Author

AL-Qadisiya Journal

Abstract
Trafficking in human beings is a form of slavery in the modern era and
a violation of human rights. It is an illegal business that is mostly based
on investment through the flow of victims to the areas of trafficking
and requires measures taken to prevent traffickers from committing and
prosecuting them and protecting victims because it is considered a form
of prejudice prohibited by international family law. Despite restrictions
and obligations under international law, it is estimated that every year
about 650,000,000 to 850,000,000 men, women and children are
trafficked across international borders. " In order to combat trafficking,
the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children (the Trafficking Protocol) was
adopted in December 2000, within the framework of the United
Nations Convention against Transnational Organized Crime ". For
trafficking to be considered a crime against humanity, it is necessary 

that the "attack against civilians" be widespread or systematic, that
criminal intent is available and that crimes against humanity be
committed in accordance with the policy of a specific country or
organization with the power of a particular State. It has implications for
the crime of trafficking in human beings, including that states be able
to avoid the revenge of trafficker " in the form of violence,
intimidation and bribery " they commit in order to get rid of the
application of international and national laws against them and that
victims of trafficking can participate in procedures against traffickers in
international and national organizations, whether in the investigation or
trial stages. Therefore, the Trafficking Protocol is not sufficient alone
to eliminate trafficking and " states and the international community
must address the problems of trafficking, including its causes and
consequences" at the national, regional and international levels, and
that trafficked persons are recognized as victims who deserve
protection for their fundamental rights, and they need international
protection as refugees and Ensure protection against the forced return
of their countries of origin.
Crossmark
  • Receive Date 27 August 2023