Objective 9: Strengthen the Transnational Response to the Smuggling of Migrants

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ID: 324131
2026
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Abstract
Abstract This chapter analyses Objective 9 of the GCM on the smuggling of migrants. It argues that Objective 9, by largely reiterating the criminal justice framework of the UN Smuggling Protocol, struggles to reconcile its three conflicting goals: prosecuting smugglers, protecting migrants, and preventing smuggling. The chapter begins by outlining the polarized debates surrounding smuggling, acknowledging it as both a security threat and a desperate response to a lack of regular pathways, as well as the difficulty to discern smuggling from trafficking in persons. It then examines how the Objective’s commitments, while recognizing the need to protect smuggled migrants from violence and exploitation, remain entrenched within a law enforcement paradigm. The chapter contends that this approach prioritizes state security over a comprehensive understanding of migrant vulnerability, failing to adequately address the root causes that drive people toward smugglers. The chapter concludes that, by not sufficiently breaking from the Protocol’s limitations, Objective 9 misses an opportunity to fully integrate human rights and the provision of safe migration channels as central to an effective response against smuggling.
Reference Key
openalex_W7201847990 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Andreas Schloenhardt
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/law/9780198863380.003.0010
URL
https://doi.org/10.1093/law/9780198863380.003.0010
Keywords Keywords not found

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