When the large vessel (the so-called "Mother Ship") is approaching the Italian borders, usually at about 100 nautical miles from the coasts, the migrants are transferred on smaller and cheaper boats, providing them with a satellite mobile-phone which can be used to call for rescue and sending coordinates. The effect is to make the boat electronically undetectable by the search and rescue authorities to gain time for the smugglers in case of escape, thus avoiding arrest. Usually, their journey starts on a big vessel, up to 75 meters long, recycled from decommissioned freighters, whose AIS (Automatic Identification System, compulsory on any large boat) has been switched off. He smugglers have started using much larger boats, generally redeployed for many smuggling operations. States are also free to adopt other grounds of jurisdiction. UNTOC leaves at the discretion of States the adoption of jurisdiction regarding crimes committed (i) abroad against one of its nationals by a foreign citizen (principle of passive personality) and (ii) abroad by one of its nationals, or a stateless person that at the time of events had his or her habitual residence in the State (principle of active personality). The purpose of this principle is to avoid persons who commit crimes being unpunished, because there is no extradition request, or a request for extradition has been refused. This means that, unless extradition is requested by and granted to another State, the State must initiate judicial proceedings against a person. In addition, it prescribes establishment of theĪut dedere aut judicare principle (the duty to extradite or prosecute). UNTOC sets out a number of provisions regarding States' jurisdiction in relation to crimes under the Convention and its Protocols.Īrticle 15 of UNTOC requires States to provide for jurisdiction over crimes committed (i) within their respective territory (principle of territoriality), or (ii) on board a vessel flying the flag of the State concerned, or an aircraft registered under the laws of the State concerned, at the time of the perpetration of the crime (flag State principle). For example, while States generally have jurisdiction over their territories and citizens, their jurisdiction in places outside their territory and over the citizens of other States may be more limited. ![]() There are several principles regarding States' jurisdiction, which reflect sovereign independence. Without this approach, States may lack tools to bring to justice individuals who conduct migrant smuggling in international waters (see, for example, Box 24) or who organize or direct the operation from a third-country safe location.īroadly speaking, the concept of jurisdiction refers to the power of a State to lawfully act, through the exercise of legislative, executive, or judicial action. ![]() ![]() Module 1 of the University Module Series on Organized Crime.Īccordingly, to effectively prevent, combat and suppress smuggling of migrants it is critical that States adopt jurisdictional grounds or approaches that cover conduct that may have taken place beyond its territory. For a definition of the element of transnationality, please see It requires the procurement of the illegal entry of a person into a State. Smuggling of migrants, as defined in article 3 of the Protocol against the Smuggling of Migrants, is a transnational crime.
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