National efforts of Iraqi and Jordanian legislators in combating the crime of human trafficking (A comparative study)

Khalaf Faraj Abdullah Al-Dhafiri, Zaid

doi:10.37651/aujlps.2023.177012

	National efforts of Iraqi and Jordanian legislators in combating the crime of human trafficking (A comparative study)
Journal of Anbar University for Law and Political Sciences
Article 11, Volume 12, Issue: 2 part 2, December 2022, Pages 340-364 PDF (1.48 M)
DOI: 10.37651/aujlps.2023.177012
Author
Zaid Khalaf Faraj Abdullah Al-Dhafiri
Abstract
This study dealt with the legal status of this crime in the Jordanian and Iraqi legislation and showed the measures they took at the national level with two sections. In the first requirement, we dealt with the criminal policy of Iraqi and Jordanian legislators in combating the crime of human trafficking, and in the second request we dealt with the measures followed by Iraqi and Jordanian legislators to curb the crime of human trafficking. This study found that the Jordanian and Iraqi legislators did not require the use of means to commit the crime of human trafficking. Where the scope of this crime has been narrowed, and they have subjected the provisions of criminal participation in it to the general rules in their penal legislation, and they have adopted the availability of the intent to exploit, which is a special element of this crime, and this raises the difficulty in adapting this crime. It also concluded that the Jordanian legislator's policy is considered one of the pioneering policies in combating human trafficking by adopting a preventive pattern and a new method in criminalizing a range of acts that would facilitate the perpetration of this crime. It also concluded the necessity of activating the role of civil society organizations and national committees specialized in combating human trafficking, coordinating with the relevant authorities and cooperating with security, academic and religious institutions and the media to raise awareness of the dangers of this crime and ways to prevent it, prepare annual reports and issue them at the regional and international levels, and develop the necessary plans and programs to combat it. The crime of human trafficking: it means recruiting, transporting, transferring, harboring, or receiving persons by means of the threat or use of force or other forms of coercion, kidnapping, fraud, deception, abuse of power, exploitation of a state of vulnerability, or by giving or receiving sums of money or benefits to obtain consent. A person having control over another person for the purpose of exploitation. Exploitation includes, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs.
Keywords
efforts; patriotism; Iraqi and Jordanian legislators; combating; Crimes; human trafficking

References
Abdel-Dayem, Al-Awary Abdel-Fattah Bahij . The Crime of Child Kidnapping, 1st edition, Cairo, The National Center for Legal Publications, 2010. Abdul-Razzaq, Al-Hadithi Fakhri . Explanation of the Penal Code, General Section, 2nd Edition, Baghdad,The Legal Library, 2010. Al-Dalil Company for Studies, Training, Printing and Publishing Works, 2012. Al-Fatlawi, Salah Hadi, The Crime of Human Trafficking, University of Baghdad: College of Law, research published on the website, 2015, the date of the visit 7/20/2022: http://www.iasj.net/iasj?func=fulltext&ald=711 Al-Mafarji Salwa Ahmed Maidan, Towards an International and National Strategy to Combat Trafficking in Women, published research, Tikrit University Journal of Legal and Political Sciences, Volume 6, Year 6, Issue 20, 2014. Al-Majali Ahmed Nizam Tawfiq, The Limits of Criminal Confrontation for Human Trafficking Crimes, a Study in the Light of the Jordanian Human Trafficking Prevention Law, No. 9, 2009, master’s thesis, Jordan, Mu’tah University, 2013. Faisal, Al-Abbasi Moataz . Human Trafficking between International Concern and the Iraqi Legal System, 1st Edition, Baghdad, Law and Judicial Library for Publishing and Distribution, 2015. Ibrahim bin Ahmed, Al-Naqbi Salem . Human Trafficking Crimes and Strategies to Combat It at the International and Regional Levels, 1st Edition, Cairo, Iraqi Human Trafficking Crimes Law, No. 28 of 2012. Jamal, Abu Sarah Aseel Khaled . Illegal Immigration and its Impact on Human Trafficking Issues, 1st Edition, Amman, Dar Wael for Publishing and Distribution, 2021. Jordanian Human Trafficking Prevention Law, No. 9 of 2009. Kamel, Al-Samarrai . Al-Baghdadi Penal Code, its amendments and appendices, unified, Baghdad, Al-Ma'rif Press, 1957. Omar, Daham . The Crime of Human Trafficking, A Comparative Study, 1st Edition, Cairo, Dar Shatat for Publishing and Software, 2011. Salman, Zahraa Thamer Mahmoud, Jordan's Obligations under the Protocol to Prevent Human Trafficking, a Comparative Study, Master's Thesis, Jordan, Al-Israa University, 2011. Suleiman, Artima Wejdan . General Provisions for Human Trafficking Crimes, A Comparative Study, 1st Edition, Amman, Dar Al Thaqafa for Publishing and Distribution, 2014. Talabani, Duha Nashat, Legal Protection for Domestic Workers from the Crime of Human Trafficking at the International and National Levels, 1st Edition, Jordan: Dar Wael for Publishing and Distribution, 2017. The Iraqi constitution, for the year 2005 The Iraqi Penal Code, No. 111 of 1960. The Jordanian Constitution of 1952. The Jordanian Penal Code, No. 40 of 1951. The Jordanian Slavery Abolition Law, No. 110 of 1929.
Statistics Article View: 158 PDF Download: 103