Between Criminalization and Protection : The Italian Way of Dealing with Migrant Smuggling and Trafficking Within the European and International Context.
- 1st ed.
- 1 online resource (88 pages)
- Brill Research Perspectives in International Law Series .
- Brill Research Perspectives in International Law Series .
Intro -- Contents -- Between Criminalization and Protection The Italian Way of Dealing with Migrant Smuggling and Trafficking within the European and International Context -- Abstract -- Keywords -- Introduction -- Part 1. Migrant Smuggling: a Normative andPhenomenological View from Italy -- 1.1 Preliminary Terminological Remarks -- 1.2 A Very Brief Historical Introduction to the Criminalization of Migrant Smuggling in Italy -- 1.3 Archetypes of Migrant Smuggling -- 1.4 Cross-border vs. Inland Smuggling -- 1.4.1 Inbound Smuggling: the Prototypical Form -- 1.4.2.1 An In-depth Excursus on Inbound Smuggling by Sea -- 1.4.3 Outbound Smuggling and Solidarity between States -- 1.4.4 Some Phenomenological Features of Outbound Smuggling from Italy -- 1.4.5 Inland Smuggling: Is Transnationality a Necessary Characteristic of the Crimes of Smuggling? -- 1.4.6 Why Is Inland Smuggling Considered a Less Serious Crime than Cross-border Smuggling? -- 1.5 The Structure of Conduct -- 1.5.1 Inbound Smuggling as a Typically Collective Crime? -- 1.5.2 Crimes of Cross-border Smuggling as Inchoate Crimes: from Spatial to Aspirational Borders -- 1.5.3 Inland Smuggling as a Resultative Crime -- 1.5.4 Rescuers and Mediated Smugglers: the Scope of Italian Criminal Jurisdiction -- 1.6 Profit and No-profit Smuggling -- 1.6.1 Rescue and Humanitarian Smuggling -- 1.6.2 ngos as Humanitarian Smugglers? the Luventa Case -- 1.7 Basic and Aggravated Forms of Smuggling -- 1.8 Why Punish Migrant Smuggling? -- 1.8.1 The EU Approach: Smuggling as Complicity in Irregular Migration -- 1.8.1.1 The Rights of the Smuggled Persons in EU Law -- 1.8.1.2 The EU Action Plan against Migrant Smuggling (2015-2020) -- 1.8.2 The UN Approach: Smuggling as Exploitation -- 1.8.3 What Is/Are the Good/s Protected by Italian Law on Smuggling? -- Bibliography. Part 2. Trafficking in Human Beings vs. MigrantSmuggling: a Dangerous Relationship -- 2.1 The Double Track of Human Trafficking: an Introduction -- 2.2 The Different Approaches toward Countering Trafficking: Human Rights vs. Security and the Need for Integration -- 2.3 A New Integrated Perspective on International Counter-action -- 2.4 Prevention as a Criminal Policy Tendency inside the UN Protocol -- 2.5 The Victims' Stance and the Difference between Trafficking and Smuggling -- 2.6 The Consequences of the Distinction in European Legal Texts -- 2.7 The Consequences of the Distinction within the Italian Legal System -- 2.8 The Consequences for Internal Case Law: Multiplicity of Offences or (Apparent) Conflict of Norms? -- 2.9 Short Conclusion -- Bibliography.
This volume is devoted to the dark side of human mobility, that is migrant smuggling, and, linked with it, human trafficking. Both subjects will be mainly treated from an Italian perspective; however, due to their having a generally transnational character, the analysis will necessarily require that international and supranational actions/measures also be taken into account. Moreover, the legal perspective will be supplemented by the phenomenological/criminological one, through which the authors try to provide the work with a realistic dimension aimed at grasping the practical aspects of both migrant smuggling and human trafficking emerging from the different ways in which such crimes are de facto committed.
9789004401723
Human smuggling-Law and legislation-Italy. Human trafficking-Law and legislation-Italy.