Reconceptualising Female Trafficking: The Inhuman Trade in Women

Authors

Alison Cole, Harvard Law School

Abstract

The article argues that female trafficking must be reconceptualized under international criminal law as a crime against humanity to establish a uniform legal framework for combating this global issue. It critiques existing international approaches for lacking coherence and enforcement, emphasizing the need for a clear definition and standardized measures to address the severity of trafficking. The UN Trafficking Protocol, while authoritative, leaves significant discretion to states, resulting in varied domestic policies that hinder effective international cooperation. By classifying female trafficking as a crime against humanity, the article proposes a more robust legal basis for universal jurisdiction and individual liability, aligning with the gravity of the crime and its roots in poverty, gender discrimination, and organized crime.

Disciplines

Criminal Law | Criminal Procedure | International Law | Law | Law and Gender

Recommended Citation

Alison Cole, Reconceptualising Female Trafficking: The Inhuman Trade in Women, 12 Cardozo J. Equal Rts. & Soc. Just. 789 (2006).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol12/iss3/2