Boundaries of humanitarian aid to irregular migrants from a comparative law perspective

The criminalisation of migrant smuggling is part of migration management. It is intended to combat the activities of organised criminal groups in this area. However, it is possible that criminal provisions criminalising the smuggling of migrants are used against persons providing humanitarian assistance to migrants in life or health-threatening situations. The aim of the article is therefore to analyse international and European law regulations to the extent that they impose on states an obligation or the possibility to exclude criminal liability of the latter. The article analyses the provisions of the UN Protocol against the Smuggling of Migrants by Land, Sea and Air and the Council Directive defining the facilitation of illegal entry, transit and residence. It also analyses Polish and Italian criminal law regulations in this area.