The UN Protocol Against the Smuggling of Migrants – Some Reflections on the Occasion of the UNTOC’s 25th Anniversary

The article analyses the UN Protocol against the Smuggling of Migrants, which was adopted a quarter of a century ago together with the United Nations Convention Against Transnational Organized Crime. The focus of the text is on the obligation of states parties to criminalize certain types of conduct. In particular, the offences of procuring illegal entry and enabling illegal stay raise questions of interpretation. The article examines where the limits of the obligation to criminalize lie in this respect, for example with regard to minor forms of assistance to migrants, the criminal liability of migrants themselves and humanitarian aid operations.

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Publication Details

Journal
Transnational Criminal Law Review
Published
2025-08-18
DOI
https://doi.org/10.22329/tclr.v4i1.9457
Primary Topic
Global trade and economics
Type
article
Field-Weighted Citation Impact
0.00
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article

The UN Protocol Against the Smuggling of Migrants – Some Reflections on the Occasion of the UNTOC’s 25th Anniversary

Frank Zimmermann
Transnational Criminal Law Review
Global trade and economics
article

The UN Protocol Against the Smuggling of Migrants – Some Reflections on the Occasion of the UNTOC’s 25th Anniversary

Frank Zimmermann
article en

Abstract

The article analyses the UN Protocol against the Smuggling of Migrants, which was adopted a quarter of a century ago together with the United Nations Convention Against Transnational Organized Crime. The focus of the text is on the obligation of states parties to criminalize certain types of conduct. In particular, the offences of procuring illegal entry and enabling illegal stay raise questions of interpretation. The article examines where the limits of the obligation to criminalize lie in this respect, for example with regard to minor forms of assistance to migrants, the criminal liability of migrants themselves and humanitarian aid operations.

Transnational Criminal Law ReviewVol. 4(1)
University of Freiburg (DE)
Openalex Percentile: Top 65%
Global trade and economics
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