The normative foundations of the criminalization of human smuggling: Exploring the fault lines between European and international law

Abstract

The aim of this article is to examine the different manifestations of the criminalization of human smuggling and to provide a critique of the normative foundations of such criminalization. A wide range of conduct has been criminalized as human smuggling in international and European law. This conduct ranges from organized crime to exploitation and violence to humanitarian assistance to irregular entry, with recent calls being made for smuggling to be treated as a crime against humanity. The article will examine the criminalization of human smuggling critically, by providing a taxonomy of the claimed and real normative foundations for such criminalization. The analysis will cast light on the ambiguity behind the criminalization of human smuggling and evaluate critically attempts to adopt a ‘catch-all’ approach to criminalization. The limits of this approach will be demonstrated, in particular by highlighting the considerable differences in criminalization approaches at United Nations and at European Union level.