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Cardozo Journal of International and Comparative Law

Abstract

Human trafficking is a growing global criminal concern. This paper assesses several national and multi-national efforts to combat human trafficking, focusing particularly on the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Protocol). Ultimately, the rise in trafficking offenses compared to the sparse number of convictions strongly suggests the inadequacy of the national and multinational efforts currently in play. This paper will take a fresh look at key provisions of the recent Protocol in light of newly published data on trafficking, and will explore possible modifications to the instrument which may increase its effectiveness. While the Protocol is an important first step, it has failed to fully shed the problems that hindered earlier anti-trafficking instruments. My thesis is that curbing rampant human trafficking requires revamping national and international legislation to stimulate multinational cooperation and motivate States to tackle the problems "root causes," prosecute offenders, and sponsor new local initiatives for victim prevention, protection and assistance. This paper offers several suggestions as to how the Protocol (or a similar multi-national instrument) can achieve these important legislative goals.

Disciplines

Criminal Law | Criminal Procedure | Law | Legislation

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