Criminalizing the Smuggling of Migrants in International, European, and Austrian Law

This research publication examines criminal offences pertaining to the smuggling of migrants in international, European, and Austrian laws. It outlines the criminalization requirements under the United Nations (UN) Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the Convention against Transnational Organized Crime, international best practice guidelines developed by the United Nations Office on Drugs and Crime (UNODC), and relevant European Council Directives and Framework Decisions. The research then identifies and analyses domestic offences relating to smuggling of migrants in Austria and assesses the elements, scope, interpretation and application of relevant domestic offences in the Fremdenpolizeigesetz and the Strafgesetzbuch (Penal Code) against international standards. The goal of this research is to outline and examine international and domestic offences relating to the smuggling of migrants, identify strengths and weaknesses, and develop recommendations to improve the criminalization of this phenomenon. The research seeks to promote awareness of the realities of this crime, analyze the international and Austrian criminal justice response to migrant smuggling, and identify best practice models that can serve to enhance the effectiveness of domestic and international efforts to combat the smuggling of migrants whilst protecting the rights of smuggled migrants.