Writes Aris, Content Writer, Headline Diplomat eMagazine, LUDCI.eu
The International Labor Organization (ILO) estimates that the modern-day slave (human trafficking) is a $150 billion industry and the most profitable form of planned crime, only behind drugs and arms. Globally, there are around 21 million victims of human trafficking, with 200,000 victims of human trafficking in the USA alone. This number features human trafficking in forced labor and prostitution.
What’s worrying is that many human traffickers walk scot-free, mainly because of a lack of extraterritorial jurisdiction to prosecute human traffickers. For instance, many EU human trafficking criminals flee from the countries they commit crimes; thus, not providing any jurisdictional rights to try them and bring them to justice.
At the moment, it’s estimated that one in every 800 human trafficking criminals is prosecuted. Hence, they have ample freedom and space to continue carrying out their heinous crimes and get away with it. But with proper extraterritorial jurisdiction, most of these criminals can be pursued and prosecuted, even if they leave the country of crime.
Between 1998 and 2002, Greek police arrested 661 children. Many of the kids were Albanian who had been trafficked to Greece to work as street beggars. In January 2003, a Swiss Foundation, known as Terre des Hommes reported that hundreds of these kids had gone missing (Terres des Hommes, 2003). Surprisingly, the case showed that there had been no serious effort from Albania or Greece to recover and rescue the missing kids.
This is how human trafficking prospers. In this case, the Albanian government had the responsibility to protect its citizens within its borders, especially the most vulnerable ones like kids and women, but equally so outside of it. The only way the Albanian government can do this is by enacting extra-territorial legislation. Therefore, it will also have to rectify its anti-trafficking legislation to affirm its jurisdiction over trafficked Albanian kids in countries of transit or destination.
This not only applies to Albania but all countries around the world. The need for an effective extra-territorial jurisdiction in prosecuting human traffickers is one of the major steps that can be taken to combat human trafficking around the world. EU nationals who commit crimes in other countries can be pursued and prosecuted anywhere with an effective extra-territorial jurisdiction system in place.
Many countries have included in their criminal legislation provisions enabling the investigation and prosecution of international crimes, even when the crimes are carried outside their national territory, and whether or not the offenders or the victims are nationals of the state. Typically, these provisions are applied to legal persons, under particular conditions, either because the national criminal law as a matter of principle believes that legal persons may carry out the crimes it defines, or because the legal persons have been linked, alongside the persons, under specific acts relating to international crimes.
In 2005, a police officer in one of the major European cities observed a young boy begging at a large shop entrance. The police tried to communicate with the boy to no avail. All the boy managed to say was, “I’m a tourist, and I’m waiting for my father.” The police officer resolved to take the boy to the police station. While there, he produced a bad copy of a foreign passport. With the translator’s assistance, a trained police interviewer proved that the boy, named Krasimir, stayed in the city with a “friend” and that his family was still in his native country. With this information, specialist investigators were tipped-off. They discovered three more boys, and the “friend” was arrested. Investigations were conducted before an investigative judge and a defense lawyer so that the boys did not have to go to court as they were victims. The interview identified that the boys were forced into begging by the adult “friend.” Two months later, the case went to court, and the trafficker went to prison.
This report is from the United Nations Office on Drugs and Crime. It is a good example of an effective extraterritorial jurisdiction. Even though the boys were not natives of that country, they received justice in a foreign country where they were victims. Besides, the human trafficker did not get away with crime and was indeed sent to jail.
Many human traffickers are based in western countries like the USA, the United Kingdom, and Germany. They promise their victims jobs, while they end up exploiting them. Most victims are from countries like Russia, China, Iran, Belarus, and even Venezuela.
Conclusion:
With proper and effective extra-territorial jurisdictions, human trafficking offenders can be caught and even tried anywhere, regardless of where they committed the crime. Therefore, many countries should follow suit and enact extra-territorial legislation to combat human trafficking globally.
Many criminals are getting away with the crimes, and few are being prosecuted, which encourages them to continue, grow and prosper through their illegal practices, while kids across the globe are left in their mercy.
