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Between Criminalization and Protection

The Italian Way of Dealing with Migrant Smuggling and Trafficking within the European and International Context

Series:

Vincenzo Militello and Alessandro Spena

This volume is devoted to the dark side of human mobility, that is migrant smuggling, and, linked with it, human trafficking. Both subjects will be mainly treated from an Italian perspective; however, due to their having a generally transnational character, the analysis will necessarily require that international and supranational actions/measures also be taken into account. Moreover, the legal perspective will be supplemented by the phenomenological/criminological one, through which the authors try to provide the work with a realistic dimension aimed at grasping the practical aspects of both migrant smuggling and human trafficking emerging from the different ways in which such crimes are de facto committed.

Vincenzo Militello and Annalisa Mangiaracina

Between Criminalization and Protection

The Italian Way of Dealing with Migrant Smuggling and Trafficking within the European and International Context

Series:

Vincenzo Militello and Alessandro Spena

Abstract

This double issue is focused on migrant smuggling and human trafficking. Both subjects are mainly treated from an Italian perspective; however, since these crimes have a generally transnational character, the analysis also takes international (UN) and supranational (EU) measures into account. Moreover, in both parts, the legal perspective is supplemented by the phenomenological/criminological one (based on both media reports and judicial case-studies), so as to grasp the practical aspects emerging from the different ways in which migrant smuggling and human trafficking are de facto committed: in particular, the links between these two and other crimes are underscored, as well as the involvement of criminal organizations in their perpetration. Finally, both parts are driven by a human rights-oriented approach, which gives relevance to dignity of persons as a fundamental meta-value of our legal systems.

Between Criminalization and Protection

The Italian Way of Dealing with Migrant Smuggling and Trafficking within the European and International Context

Vincenzo Militello and Alessandro Spena

Abstract

This double issue is focused on migrant smuggling and human trafficking. Both subjects are mainly treated from an Italian perspective; however, since these crimes have a generally transnational character, the analysis also takes international (UN) and supranational (EU) measures into account. Moreover, in both parts, the legal perspective is supplemented by the phenomenological/criminological one (based on both media reports and judicial case-studies), so as to grasp the practical aspects emerging from the different ways in which migrant smuggling and human trafficking are de facto committed: in particular, the links between these two and other crimes are underscored, as well as the involvement of criminal organizations in their perpetration. Finally, both parts are driven by a human rights-oriented approach, which gives relevance to dignity of persons as a fundamental meta-value of our legal systems.