The Crime of Migrant Smuggling in the Light of National and International Instruments

From the perspective of law and Islamic Sharia, illegal migration that entails the risk of death is impermissible. Likewise, under statutory laws both national and international illegal migration is regarded as smuggling, for which relevant punishments have been prescribed. Migration occupies a significant place in human life. This is because individuals encounter various factors such as political, social, natural, security-related, and other circumstances that compel them to migrate. Such migration may sometimes take place in a legal manner through valid travel documents and at other times in an illegal manner, without possessing travel documents or through forgery. The latter is often carried out by smugglers through unlawful and hazardous routes. Since this subject, namely the illegal migration or smuggling of migrants, had not been sufficiently studied, the need was felt to undertake this research in order to examine the issue of migrant smuggling in light of the laws of our beloved country, Afghanistan, as well as international legal frameworks. This subject addresses one of the crimes categorized under organized crime, namely the crime of migrant smuggling. The reason is that this particular offense is characterized by a pre-established structure and is most often committed by groups. Smugglers, driven by the pursuit of high profits, transport irregular migrants through unlawful and clandestine routes. In order to explore preventive measures against such crimes, this study has examined the issue from the perspective of both national and international legal frameworks. In this research, the library method has been employed, utilizing reliable sources and international scholarly articles, to examine the crime of migrant smuggling on the basis of national and international legal instruments. The conclusion of this research indicates that, as the subject of migrant smuggling constitutes a reprehensible act, both national and international laws emphasize its prevention. Furthermore, the study finds that national legal instruments provide a detailed definition of the crime of migrant smuggling, outline its various forms, and specify the corresponding punishments. In contrast, although international legal instruments recognize the crime of migrant smuggling, they do not clearly define the punishments or the authorities responsible for their implementation.