NCJ Number
181471
Date Published
1999
Length
18 pages
Annotation
This report on the sixth session of the United Nations Ad Hoc Committee on the Elaboration of a Convention Against Transnational Organized Crime presents the revised draft Protocol Against the Smuggling of Migrants by Land, Air, and Sea, Supplementing the United Nations Convention Against Transnational Organized Crime.
Abstract
The Preamble expresses the States Parties' concern about the rapid development of the smuggling of migrants and recognizes that transnational criminal organizations also use the smuggling of migrants to further numerous other criminal activities, thus bringing great harm to the states concerned. Two options are presented for Article 1 under general provisions relating to the smuggling of migrants by land, air, and sea. This is followed by an article on definitions and one on purposes. The Protocol's purposes are to establish the smuggling of migrants as a criminal offense under the respective national laws of States Parties when it involves an organized criminal group, as well as to promote and facilitate cooperation among States Parties to prevent, investigate, and prosecute the crime of smuggling migrants. Two options are presented for Article 4, which addresses "criminalization" of various behaviors related to the smuggling of migrants. Articles relevant to the smuggling of migrants by sea pertain to cooperation and mutual assistance, countermeasures, and safeguard clauses. Other articles focus on cooperation and prevention, as well as the implementation of the Protocol. 90 footnotes