| Type of crime |
Crime against State – no victim by the crime of smuggling as such (violation of immigration laws/public order; the crime of smuggling by definition does not require violations of the rights of the smuggled migrants) |
Crime against person – victim; violation of the rights of the victim of trafficking by definition (violation of person’s human rights; victim of coercion and exploitation that give rise to duties by the State to treat the individual as a victim of a crime and human rights violation) |
| Why do we fight it? |
To protect sovereignty of the state |
To protect a person against human rights violations; obligation of the State to provide adequate protection to its citizens |
| Nature of crime and duration of customer relationship |
Commercial; relationship between smuggler and migrant ends after illegal border crossing achieved and fee paid |
Exploitative; relationship between trafficker and victim continues in order to maximise economic and/or other gains from exploitation |
| Rationale |
Organised movement of persons for profit |
Organised recruitment/movement and (continuous) exploitation of the victim for profit |
| Border crossing |
Illegal border crossing is a defining element |
Purpose of exploitation is the defining element, border crossing is not an element of the crime |
| Consent |
Migrant’s consent to illegal border crossing |
Either no consent, or initial consent made irrelevant because of use of force, coercion, at any stage of the process |