Criminalization of Human Trafficking upon the Basis of International Criminal Court Status and its Related Challenges

Document Type : Original Independent Original Article

Author

Assistant Professor of Criminal Law and Criminology, Maragheh Branch, Islamic Azad University, Maragheh, Iran

Abstract

Context and Objective: Considering that in the process of human trafficking the human rights of victims including children and women are ignored in different ways by human traffickers and even involving governments including source, transit, and destination and given that human trafficking for the purpose of sexual or asexual somehow mutilates human dignity of this organized crime victimization.
Research method: The current research is using description-analytic method as well as digital-library sources.
Findings: The findings of the present study indicates that investigating the possibility of persecution of violators in International Criminal Court from deemed trafficking in persons as an instance of crime against humanity and addresses the criminalization status of trafficking in personsregarding constitution of International Criminal Court capacities in the light of victim-orientedhuman rights doctrine and the challenges facing the protective criminal policy of the United Nations. Therefore, different perspectives have been critically reviewed and evaluated on this issue.
Conclusion: It can be argued that human trafficking together with the concrete subject composed of the victims of the crime had also a spiritual subject which is human dignity

Keywords


  1. Allay, Mostafa, 1999, "International criminal tribunal, human right and surveying problem of attachment", International criminal tribunal and Islamic Republic of Iran, by effort of Eshag Ale Habib, First edition, Tehran, center of publication ministry of foreign affairs.
  2. Asadi, Seiyed Hassan, 2011,Transnational organized offences, second edition, Tehran: Mizan publications.
  3. Askin, KD, 1999, "Crimes within the jurisdiction of the International Criminal Court", Criminal law forum 33.
  4. Beigi, Jamal, 2011, Criminal policy of United Nations and Iran about trafficking in persons, dissertation of Ph.D, criminal law and criminology, Islamic Azad university science and research branch, Tehran, Iran.
  5. Cassese, Antonio, 2003,  International criminal law, Oxford University Press.
  6. Complementary contract slavery prohibition dealing in slaves and similar institutions slavery, 1956.
  7. Contract of prohibition salve trade and enslavement, Sept. 25th, 1926.
  8. Coomaraswamy, Radhika, "The six grave violation against children during armed conflict:   the legal foundation", Retrieved October 2009, Available from                          http://www.un.org/Children/Conflict
  9. Habibzadeh, Mohammad Jafar & Mogaddasi Roein, Mohammad Bagger,2006,  "Beginning on criminal protection of juvenile's victim in Iran law with attention to international document", Magazine of Muffed, Vol. 55.

10.Haji Mohammadi Oshani, Neda, 2005, Human trafficking for abuse emphasis to woman and children as instance of crime against humanity, M.A thesis, International Law, University of Allame Tabatabaie.

11.ICC DOC ICC- ASP/1/3, 3-10 Sept. 2002.

12.Khaleghi, Ali, 2013, Research of international criminal Law, Fifth edition, Tehran: the Shahr-e-Danesh Institute of law (research and Study).

13.Manifest Number of Ga Res, 216 B (Iii), December 9th, 1948, United Nations.

14.Mattar, Mohamed Y, 2005, "State responsibilities in combating trafficking in persons in central Asia", Loy. L.A. Intl & Comp. L. Rev, Vol. 27: 145.

15.Matter, Mohamed Y, "The International Criminal Court (ICC) becomes a reality: when will the court prosecute the first trafficking in person's case", Retrieved July 9th 2002,  Available from http:// www.protection project.org/main.htm (Nov 4th, 2005).

16.Mir Mohammad Sadegi, Hossin, 2016, International Criminal court, Ninth edition, Tehran: Dadgostar Publication.

17.Nobahar, Rahem, 2006, "Woman trafficking for prostitute aspect of Islamic training takes a look at international regulations and Iran law", Modares Journal of Science and Research, Vol. 47.

18.Potrowicz, R, 2004, "Preempting the protocol: protecting the victims and punishing the perpetrators of trafficking in persons trafficking", in Christine Kreuzer(Ed.), frauenhandel-menschenhandel-organizer tekriminalitaet, Nomos.

19.Prosecutor V. Tadic, case No. IT-94- 1- T.

20.Ramazani Abas Galeh, Narges, 2005, Human trafficking with approach  on  international criminal law, M.A thesis , criminal law and criminology, University of Tehran.

21.Rosecutor V. Akayesuictr -96-4-T Sept. 1998.                                           

22.Shabs, A., Viliyam, 2017, Introduction on international criminal tribunal, translated by Seiyed Bager Mir Abasi & Hamid Alhoe Nazari, second edition, Tehran: Jungle publications.

23.Sock Kitty Shiyayezry, Keryang, 2016, Criminal international law, translated by Behnam Yosefiyan & Mohammad Esmaeli, Fifth edition, Tehran: Samt publications.

24.Taheri, Ali Reza, 2009, Human rights in judicial system (human rights guidelines for judges and lawyers), Vol. 2, first edition, Tehran: organization of defense of victims of violence.

25.Than, Claire de & Shorts, Edwin, 2003, International criminal law and human rights law, Thomason publications.

26.Vahedy, Godratoollah, 2010, International criminal law, first edition, Tehran: Jungle publications.

27.Verle, Gerhard, 2008, "Crime against humanity in international temporary law", translation Amir Sued Vakil, International magazine law, Vol. 39.

28.Zagoli, Abas, 2009, "Survey capacity international criminal tribunal for investigation to crime of human trafficking", Research Magazine law & Political, Vol. 26.