Abstract
This article argues that the legal definition of the smuggling of migrants in Article 3(a) of the Migrant Smuggling Protocol has a number of deficiencies, which might affect adversely the Protocol’s purpose of combating migrant smuggling set forth in Article 2. This will lead to the result that the criminal laws of state parties based on this definition will be weak and unable to prevent and combat the activities of migrant smuggling. This article proposes a number of amendments that might make the definition of the smuggling of migrants in the Migrant Smuggling Protocol more effective.
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