ЮРИСДИКЦІЯ ДЕРЖАВИ ЩОДО ЗАХИСТУ СВОЇХ ГРОМАДЯН ЗА КОРДОНОМ ВІД ТОРГІВЛІ ЛЮДЬМИ: ПРАКТИКА ЄВРОПЕЙСЬКОГО СУДУ

The article is devoted to the peculiarities of legal relations in the field of international cooperation in combating migrant smuggling and human trafficking. It has been determined that smuggling of migrants and human trafficking have long been among the transnational crimes in terms of profitability. The article proves that this area is characterized by clearly structured and organized criminal syndicates, which direct their profits to the development of other even more dangerous activities. The article describes the main features of trafficking in human beings under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which complements the UN Convention against Transnational Organized Crime. Research of influence of exogenous and endogenous factors on development of modern world trafficking. It is determined that international cooperation in criminal matters is one of the most important prerequisites for the organization of combating and preventing trafficking in human beings and smuggling of migrants. The article outlines the key elements of the implementation of trafficking in human beings in accordance with Article 3a of the Protocol to Prevent and Suppress Trafficking in Human Beings. A number of international normative and legal documents regulating the implementation of the state policy on combating human trafficking and smuggling of migrants have been proposed and paid attention to. It has been proven that, according to Europol, smuggling of migrants is carried out by criminal networks that provide various services: from forgery of documents to bribery of law enforcement officials. Various forms of international cooperation are superficially described: extradition of criminals, mutual legal assistance, transfer of criminal proceedings to another country, transfer of convicts, cooperation for confiscation, cooperation between law enforcement agencies, including information exchange and cooperation in investigations, joint investigation using special investigative methods.

The article is devoted to the complex and multifaceted problem of human trafficking as a form of transnational organized crime. The armed aggression of the Russian Federation against Ukraine has caused large-scale migration of Ukrainian citizens to other countries, particularly the member states of the European Union, as well as the displacement of our compatriots within the country from territories unsafe for living. Finding themselves in difficult psychological and financial conditions, Ukrainian citizens have become significantly more vulnerable to crimes related to human trafficking. The article provides a detailed analysis of the results achieved by law enforcement agencies of Ukraine and foreign states in combating human trafficking crimes, and highlights key statistical data on the state of law enforcement activity in this field. It is stated that despite the increase in the number of human trafficking cases identified by law enforcement agencies, the actual number of victims may significantly exceed the official figures. Taking into account the high level of risks that have emerged in the sphere of human trafficking since the beginning of the full-scale armed aggression of the Russian Federation against Ukraine, systematic measures are being taken at the international level to strengthen counteraction to this type of crime. The main directions of international cooperation in the field of combating trafficking are revealed, with a focus on the existing legislative restrictions for the operational units of Ukrainian law enforcement bodies in the full and effective exchange of operational information with foreign entities involved in combating human trafficking. It is emphasized that under modern conditions of digitalization, one of the promising areas of combating human trafficking is the application of forensic methodologies for analyzing digital traces in order to detect illegal activities at different stages of their commission. In addition, attention is drawn to the need to establish specialized units within the State Border Guard Service of Ukraine, similar to cyber police units, which in today’s environment would ensure effective response to the challenges of cybercrime and contribute to the development of a comprehensive system for combating human trafficking in the context of society’s digital transformation.

This research focuses on the critical analysis of legal frameworks in Indonesia concerning the protection of witnesses and victims in human trafficking cases, scrutinizing the effectiveness and challenges from a perspective of dignified justice. Emphasizing the need for a fair judiciary system, the study delves into the implementation of existing laws and regulations related to the rights and protection of witnesses and victims in Trafficking in Persons (TPP) cases. Employing a normative legal methodology, the research extensively analyzes national and international norms and legal materials, including comparisons between national laws and international conventions such as the Palermo Protocol. Findings reveal that inadequate understanding and awareness among law enforcement about the significance of these rights, coupled with resource constraints, result in identity rights violations for witnesses and victims. Furthermore, challenges such as the perceived threats to witnesses and victims, limited human and financial resources in law enforcement agencies, legal uncertainties in TPP case handling, insufficient international cooperation in law enforcement, and the difficulty in balancing the rights of victims and defendants are identified. The study also highlights the importance of rehabilitation and reintegration policies for victims, suggesting that successful combat against human trafficking transcends judicial processes. Consequently, this research not only investigates existing laws and policies but also identifies gaps and potential improvements to ensure that witness and victim protection in combating TPP aligns with principles of dignified justice. The aim is to contribute significantly to developing a more effective, fair, and rights-sensitive judicial system in Indonesia. Highlights: Law Enforcement Gaps: Limited awareness and resources in protecting victims' rights. Legal and International Hurdles: Challenges in TPP case handling and cross-border cooperation. Rights Balance: Need for equilibrium between victim protection and defendant fairness. Keywords: Human Trafficking, Witness Protection, Legal Framework, Indonesia, Rights of Victims

Human trafficking grows and develops rapidly, with various motives and types of crimes. Various obstacles are faced in handling human trafficking cases, ranging from inadequate legal instruments to weak law enforcement. This study overviewed the international legal instrument on human trafficking cases, following the identification of the recent forms and issues in enquiring how international legal instruments deal with human trafficking. This study used legal research method by referring to international laws as the source of law in compiling this human trafficking research. This study found that various instruments and international cooperation have dealt with human trafficking cases. However, in various related studies, these different legal instruments did not have a clear and binding force when the issue occurs in the domestic state. In addition, human trafficking in various legal instruments also had many types, and all of them are interrelated. This study highlighted and concluded that in making various international legal instruments effective in this case, more intensive international cooperation was needed, both regionally and globally.
 KEYWORDS: Human Trafficking, Labor Human Rights, Criminal Law.

Efforts to eradicate human trafficking are efforts carried out by various parties. Trafficking in persons, as defined in international law, can occur for a variety of exploitative purposes. However, different forms of human trafficking are often combined in many studies, policies, and interventions. This research aims to determine the implementation and impact of international agreements regarding transnational crime, especially human trafficking, as well as understanding regulations related to human trafficking crimes in Indonesia and Saudi Arabia. This research is doctrinal or normative research, the data collection methods in this research are divided into primary and secondary data, but the focus is only on secondary data which includeslegal source materials. That thisresearch also highlights the effortsthat the Indonesian government has made through legislation and international cooperation, including being a member of Interpol, to eradicate this crime. However, despite various efforts that have been made, including the deployment of Police Attachés in several countries and extradition agreements and mutual legal assistance, cases of human trafficking in Indonesia continue to increase. The results of this research conclude that there is a need for an active role from all related parties and more steps. Increasing economic standards is a fundamental step to combat human trafficking which is increasingly systematic, organized and difficult to detect.Keywords: Human Trafficking, Transnational Crime, International Cooperation

Generally, there are some distinction on the response to human trafficking that has been particularly ruled in Law No.20/2007 21 about Abolition of Criminal Act Human Trafficking. That law contains legal basis to anticipate and round up activities, ways, or any other exploitations occured on human trafficking. In the process of implementation of criminal act case handling to human trafficking, the peace officer sometimes get difficulties to proof the perpetrator because sometimes it’s an organized crime, moreover it is a trans-national crime. The purpose of this study is to know and to analyze some aspects in law enforcement on human trafficking cases in Indonesia according to Law No. 21/2007 about Abolition of Criminal Act Human Trafficking (case study on human trafficking case in Benjina, Aru Archipelago Regency, and Maluku). So that this study can be a common comprehensive study to handle the human trafficking cases in Indonesia.

The crime of human trafficking in Indonesia during the Covid-19 pandemic has increased. Human trafficking is a problem that impacts more than just the labor market, such as the recruitment and delivery of migrant workers, but also sexual exploitation and enslavement. The Indonesian government has taken attempts to abolish human trafficking as criminal conduct, including through legislative protections such as Law Number 21 of 2007 on the Eradication of Persons Crimes. However, when cases of human trafficking are settled in court, legislation No. 18 of 2017 about the Protection of Indonesian Migrant Workers is sometimes used as the basis for implementing the law, which has a lesser penalty. The number of cases of human trafficking that have been resolved in court has not increased, despite an increase in the number of criminal cases of human trafficking. Because the general population is unaware of the human trafficking statute, they are hesitant to report the crime.

Purpose This study aims to provide trauma informed recommendations for screening and discusses responsibilities of the physical medicine and rehabilitation (PM&R) provider for responding and advocating for patients experiencing human trafficking. Materials & methods Existing literature relating to human trafficking across rehabilitation settings was reviewed. In addition, two cases of human trafficking in the rehabilitation setting are presented, including a confirmed case of human trafficking in an adult and a suspected case of human trafficking in a child. Results No literature describing human trafficking in the PM&R setting was found. Four articles were found focusing on human trafficking in occupational health settings as opposed to physiatry, which were published in occupational health journals. Conclusions There is a paucity of literature offering recommendations for screening and responding to suspected human trafficking situations in rehabilitation settings. Policies on human trafficking are needed in areas of rehabilitation such as polytrauma, brain injury, spinal cord injury, and musculoskeletal impairments in the adult and pediatric population. Those working with potential victims of human trafficking should employ a patient-centered, trauma-informed approach in which the patient’s freedom of choice is emphasized. IMPLICATIONS FOR REHABILITATION Human Trafficking • There are no official policy statements on human trafficking by physical medicine & rehabilitation organizations. • Trafficked persons often present with impairments that may be treated in the rehabilitation setting. • Physiatrists may play a powerful role in identifying the needs of trafficked persons. • We recommend a trauma-informed, multidisciplinary approach to managing these patients throughout their rehabilitation.

Indramayu district is one of the migrant enclaves in West Java province, which continuously faces an increased number of human trafficking cases year by year. The modus and means of human trafficking victims recruitment were used to target subdistrict areas people by person to person, now shifted to the optimization of the internet. The traffickers attempt to lure victims through social media by posting job vacancy advertisements which offer a high salary. Unfortunately, society lacks information or knowledge about differentiating a legitimate job offer from a human trafficking lure. In addition, society also lacks information on the procedures and the required documents to submit a police report on a possible human trafficking case. The community service titled “Identify then Report” aims to introduce and disseminate various modus and means of human trafficking practice, to educate on how to identify human trafficking modus in social media and to inform the procedure and required documents to submit a police report on a possible human trafficking case. The community service was held in one of the migrant enclaves in Indramayu district, Kenanga town, located in the headquarters office of the Indonesian Migrant Family Organization (KAMI) and attended by 34 participants. The community service speakers delivered materials regarding the various modus and means of human trafficking recruitment and socialized how to identify human trafficking recruitment modus on social media. In addition, the speakers explained the procedures and required documents for submitting a police report on a possible human trafficking case to the participants.

Human trafficking constitutes a transnational crime that inflicts physical, psychological, and economic suffering upon its victims. This research aims to analyze the fulfillment of restitution rights for victims of human trafficking and examine preventive efforts from the immigration perspective. According to Law Number 21 of 2007 concerning the Eradication of Human Trafficking, every victim has the right to restitution as compensation for losses suffered. However, implementation in practice still encounters numerous obstacles, including weak law enforcement, limited understanding among law enforcement officers, and insufficient technical regulations. This normative legal research employs statutory and conceptual approaches to examine primary legal materials, including Law Number 21 of 2007, Law Number 6 of 2011 on Immigration, and various implementing regulations. The findings indicate that legal protection for victims of human trafficking has not been optimal, with challenges including difficulties in proving immaterial losses, dual procedural systems between the Human Trafficking Law and Criminal Procedure Code, and weak coordination among law enforcement agencies. The Witness and Victim Protection Agency (LPSK) often cannot guarantee restitution payments as determined by judges. From the immigration perspective, the Directorate General of Immigration plays a strategic role in preventing human trafficking through travel document control, implementation of the Integrated Border Control Management (IBCM) system, education for prospective migrant workers, and cross-sectoral collaboration. However, challenges persist, including complex and evolving modus operandi, limited resources in remote border areas, and inter-agency coordination obstacles. The study concludes that synergy between institutions and improvements in education and regulation are required to ensure victims' restitution rights are fulfilled effectively.

Legislative support for combating human trafficking is represented by such documents as the UN Convention against Trafficking in Human Beings and the Exploitation of Prostitution by Third Parties of 2.12.1949, the International Covenant on Civil and Political Rights of 16.12.1966, the Convention on the Elimination of All Forms of Discrimination against Women. December 18, 1979, Declaration of European Recommendations on Effective Measures to Prevent Trafficking in Women for the Purpose of Sexual Exploitation, 1997, Council of Europe Joint Action Document, 1997, UN Convention against Transnational Organized Crime, November 15, 2000, Protocol on the prevention, prevention and punishment of trafficking in human beings, especially women and children, the Recommendation of the Committee of Ministers of the Council of Europe “On sexual exploitation, pornography, prostitution and trafficking in human beings and adolescents” and others. National anti-trafficking legislation includes: the Constitution of Ukraine, the Criminal Code of Ukraine, the Laws of Ukraine: “On Combating Trafficking in Human Beings”, “On Preventing and Combating Domestic Violence”, the Resolution of the Cabinet of Ministers of Ukraine of February 24, 2016. № 111 “On approval of the State Social Program to Combat Trafficking in Human Beings until 2020”, Order of the Ministry of Education and Science of 08.04.2016 № 405 “On approval of the action plan of the Ministry of Education and Science to combat trafficking in human beings until 2020”.Modern international legal regulation of combating trafficking in human beings includes a fairly large array of various legal acts, including: the UN Convention against Trafficking in Human Beings and the Exploitation of Prostitution by Third Parties, the UN Convention on Transnational Crime and the Protocol to Prevent and Suppress trafficking in human beings, especially women and children, and the ILO Convention, the Convention on the Rights of the Child and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, etc. And although international norms are quite clear, there are still gaps in that implementation. Yes, the Palermo Protocol calls for a comprehensive approach to combating human trafficking, but it is still not fully implemented. States often try to combat trafficking only in terms of migration or solely in terms of combating crime on their territory, but such a shameful phenomenon as human trafficking is unfortunately a global problem and must be addressed systematically and jointly. States must recognize and implement all international treaties relating to trafficking in human beings in order to make every effort to combat this problem. Ukraine has launched a large-scale anti-trafficking campaign in the post-Soviet space. Since independence, national legislation aimed at eliminating trafficking in human beings has been developed based on international best practices, and a set of measures to improve the effectiveness of combating the threat of trafficking and ensuring the security of the country's population has been implemented within the framework of state programs to combat trafficking and illegal migration. In order to minimize the phenomenon of human trafficking, efforts are being consolidated at the regional and interagency levels by strengthening international cooperation and implementing best practices.

The International Labour Organization (ILO) estimates that 24.9 million people are victims of forced labor globally. In addition to being a tragic human rights and security issue, trafficking in persons (TIP) is a high-profit, low-risk type of organized crime that generates an estimated $150 billion in illicit profits per year. Trafficking in persons is prevalent throughout all countries in the world and transcends both regime types and levels of development. Considering the size of the problem - both in terms of the number of victims as well as the monetary size of this particular type of illicit trade - it is puzzling why progress in enforcement of the laws in place remains limited. Conviction rates remain low, the number of victims identified compared to the total victim estimate of 24.9 million is negligible, the estimated total illicit profits produced annually by trafficked forced laborers is on the rise, and the estimated number of victims of trafficking is increasing. Why are governments failing to effectively address the issue of trafficking in persons? What role does agency of the street-level bureaucrats and low state capacity play in limiting enforcement of applicable TIP laws? The first article in this series of three finds that one potential explanation as to why TIP persists is because of the intentional non-enforcement by those public officials in charge of enforcing the laws in place. Contrary to the conventional wisdom that non-enforcement is a result of a lack of resources, it could also be an active strategy based on corrupt officials' pursuit of private benefits. While there is a centrally-made policy to combat trafficking, the street-level bureaucrats appear to be acting in accordance with their own private interests. By applying a principal-agent lens to the issue, a piece of the larger puzzle of understanding the lack of enforcement of trafficking laws seems to be that there is a divergence between street level action and central policy, where the agency appears to be located at the individual or street level. The second article examines whether a state's capacity to address trafficking in persons varies depending on the bureaucratic functions public officials have been tasked to perform, or across the governance issues the state intends to address - meaning in the specific case of trafficking the purpose of exploitation or industry in which the trafficking victims are exploited. Contrary to current research on state capacity, the findings indicate that state capacity may indeed vary depending on the type of crime that needs to be prevented and enforced against, and the type of bureaucratic function that intersects with the trafficking crime. This means that we cannot treat human trafficking as a single phenomenon or apply a one-size-fits-all policy response to address it. Instead, the response will have to vary (i) depending on the sub-category of trafficking (i.e. trafficking for the purpose of sexual exploitation, forced labor or domestic servitude) that is being addressed, and (ii) where in the trafficking process or on which bureaucratic function governments focus their anti-trafficking efforts. The third and final article focuses in on the United States in general, and New York City in particular. Through semi-structured interviews with a wide range of representatives from NGOs, government agencies, journalists and politicians active in the anti-corruption and anti-trafficking space in NYC, a first-ever in-depth investigation of the trafficking in persons and corruption landscape in a large metropolitan city, located in a highly developed, democratic country, is conducted to provide an empirically based starting point for future research on this topic. While numerous reasons have been raised as to why trafficking is as prevalent as it is in NYC, the corrupt involvement by law enforcement was a recurring theme in the interviews. When the drivers of greed and a pursuit of power are present in an environment with a strong blue shield, insufficient whistleblower protection, and a lack of efficient oversight, we observe non-enforcement of TIP laws by those public officials who have been tasked with preventing this crime.--Author's abstract

Human trafficking is a transnational crime that requires comprehensive handling by various parties, including immigration authorities. This study aims to analyze the role of immigration in addressing human trafficking crimes, focusing on cases involving Indonesia as the country of origin and Cambodia as the destination. The research employs a juridical-empirical approach with a case study method, utilizing data from official documents, interviews with immigration officers, and policy analysis. The findings indicate that the Directorate General of Immigration plays a crucial role in prevention through border surveillance, travel document inspections, and collaboration with law enforcement agencies and international organizations. The challenges in managing human trafficking cases to Cambodia include limited early detection systems, lack of inter-agency coordination, and difficulties in repatriating and rehabilitating victims. Therefore, strategies to enhance immigration capacity are necessary, including the optimization of technology, strengthening bilateral and regional cooperation, and updating regulations to adapt to the evolving modus operandi of human trafficking. This study contributes to the development of policies and immigration practices for more effective and sustainable efforts in combating human trafficking.

Australia has witnessed an increase in human trafficking cases in recent years, most of which have involved women trafficked for sexual exploitation. In response, and within the framework of the United Nations Protocol to Prevent and Suppress Trafficking in Persons, especially Women and Children, Australia has introduced legislation to combat human trafficking and punish traffickers. However, the number of prosecutions of human trafficking offences in Australia has, to date, been low. Drawing on the available literature, this article sets out to explore the reasons for this, which the paper argues have largely centered on Australia’s previously restrictive visa framework for trafficking victims. The paper also explores other obstacles and barriers to successful prosecutions, such as issues associated with discrediting and attacking vulnerable witnesses, and lengthy and complex trials. The paper argues that Australia needs to increase its efforts to meet the obligations set out by the United Nations Recommended Principles and Guidelines on Human Rights and Human Trafficking, and to balance its priorities regarding prosecution and victim protection.

Action against human trafficking needs a diverse and multilayer approach. It should include not only criminal justice response to the offence of trafficking in human beings and its forms but also protection, assistance and other essential rights of victims. For this purpose, states are anticipated to establish necessary institutions and mechanisms, which should ensure a human rights-based approach to the victims of the trafficking in human beings. In the architecture of action against trafficking in human beings, independent monitoring has a key role. It contributes to prevention, intervention, policy development, international collaboration, and overall improvement in the protection of human rights in the field. Those mechanisms have a significant role in supporting the policymakers and governmental institutions to develop and implement strategic documents, contributing to the identification of cases of human trafficking and communicating them with law enforcement, and collaborating and exchanging information with international organisations, particularly monitoring mechanisms. Furthermore, it can potentially serve as a bridge between civil society and the state, highlighting the role of civil society in supporting victims. Lastly, the national monitoring mechanisms in action against the trafficking in human beings can also be engaged in raising awareness among the general public, presenting the issue in an accessible manner. The current article seeks to reveal why is it important to have national monitoring mechanisms for action against the trafficking in human beings, its mandate and different models, the synergy of the operation of national and international monitoring mechanisms of the field, cooperation with stakeholders, as well as the international standards and best practices based on the country-specific examples.