Italian translation by Cecilia Valbonesi
European Court of Human Right, IV Section, February 16, 2021, V.C.L. a. A.N. v. UK
International Criminal Court, Trial Chamber IX, 4 February 2021, The Prosecutor v. Dominic Ongwen
A UNODC case law analysis of the role of female victims of sexual exploitation in human trafficking related crimes
The text presents the topics of the illicit traffics in the Mediterranean area, which was the subject of the 8th Training Course "Giuliano Vassalli" for PhD Candidates, held in Noto in 2017. The remarks are complemented by references to the following contributions of the participants selected for the pubblication.
This work aims at reconstructing the Italian Criminal Legislation against the phenomenon of international trafficking in people (considered in its two components, trafficking of human beings and smuggling of migrants), in order to verify the effectiveness of the protection provided and the congruence with respect to international and supranational constraints. All this in the awareness that the fight against trafficking requires integrated policies and the involvement of the international community.
The aim of the present work is to question the hypothetical margins of criminal relevance of assistance behaviors provided by the rescue operators at sea (especially if belonging to N.G.O.s) in favor of the migrants intercepted in the Mediterranean Sea and transferred to the Italian shores. This analysis, which will necessarily presuppose the recognition of the numerous national and international obligations in term of search and rescue at sea, will move from the examination of the relations between the ordinary and lawful rescue operations and the crime of facilitating illegal immigration; then it will consider the possibility − presented by recent judicial cases, starting from the criminal proceedings that saw the seizure of the Iuventa ship, belonging to the N.G.O. Jugend Rettet − that some conducts carried out by the rescuers, further and different from those strictly related to the rescue activities, may be concretely considered suitable to support their responsibility under Article 12 of Italian t.u. imm.