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

غالب عطشان, م.م نصر الله

doi:10.63677/jqlap.2020.180353

	العناصر الأساسية لأعتبار الأتجار بالبشر جريمة ضد الأنسانية بموجب نظام روما الأساسي
AL-Qadisiya Journal For Law and Political Sciences
Volume 11, Issue 1, April 2020, Pages 239-259 PDF (544.52 K)
DOI: 10.63677/jqlap.2020.180353
Author
م.م نصر الله غالب عطشان
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.

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