– By: Hardik Bansal
– Intern IPPCS’21
INTRODUCTION
When we talk about migrant smuggling, it is a transnational crime that has multiple facets attached to it.
Even the United Nations has talked about it in detail and has a specific treaty that covers this aspect which was introduced as early as the 2000. However, before talking about the international law on the same it is important to understand two terms in their legal sense; migrants and smuggling.
According to the Migration Agency of the UN or the IOM a migrant is characterized as any person who is currently moving or has moved away from his original place of residence or nation state to an international border of another state or a state separate from his original state. This does not include the legal status of such a movement, implying that it can be legal or non-legal, whether it is being done because the person wants to or because of any other factor, any other causes which have in particular caused this movement and also precludes the duration of the so-called stay. Smuggling of migrants further elaborates and clarifies some aspects of this inconclusive definition and as defined in the Smuggling of Migrants Protocol, includes the aiding of an individual’s illegal or unlawful entry into the very premises of another state or entity for any material transaction or benefit which can also be financial in nature.
VIOLATION OF HUMAN RIGHTS
It is no surprise that many individuals who are migrants and are smuggled illegally from one place to another often have to face excess abuse and many human rights violations. This includes but is not limited to a violation of their right to life which includes the right to live with dignity as also enshrined in the UDHR along with their right to assistance. What is also violated is their right to be protected from violence as nation states have a responsibility to protect their people against violence of any sort. However, while discussing this violation it is also important to note that migrants are often not on the receiving end of the injustice. Often, it is a conscious choice where people are illegally smuggled for material benefits or to flee from prosecution of any sorts. This is not to undermine the struggle of the migrants but to pinpoint that a sort of a grey area also exists in this regard, considering that immigration laws are becoming stricter from country to country and the laws itself have many loopholes and the same can be used from both the sides. Hence, a case-by-case evaluation has to be done to determine whether the migrants have suffered some human rights violation or were they well protected during the whole smuggling process.
ROLE OF INTERNATIONAL LAW
When we talk about international law in this regard, it is worth noting that as the act of smuggling itself has various facets and nuances attached to it, so does the act of smuggling migrants and thus such situations raise many imperative questions related to international law and the domain and ambit of the same. This would include but would not be limited to various human rights laws and treaties in place, various refugee conventions such as the 1951 convention among other things. However, these do not work in isolation and arguably the most important legal instruments in this regard are the UN Convention on Transnational Organized Crime or the UNTOC and the Smuggling Protocol. Further, considering most of the migration due to smuggling happens via the water bodies the law of sea also is an important aspect that determines the international law in place and the overall outcomes. Herein it is important to note that states that do ratify the smuggling protocol agree to tackle the issue of migrant smuggling to the best of their abilities and ensure that not only are the rights of the smuggled migrants protected to some extent who are forced into this but also that the act itself is criminalized. Further the States strive to take actions and measures to minimize such outcomes and ensure that such acts are caught at the earliest. However, the law itself has certain aspects that can be improved upon to ensure that the international law provides the best possible respite when it comes to matters related to migrant smuggling.
CONCLUSION AND THE WAY FORWARD
In this regard firstly, before we begin with the problems facing international law, it has to be duly noted that there is a the lack of countries that have actually ratified the Smuggling Protocol which is arguably the single most important international legal precedent in this regard or many other international instruments related to this particular issue which are in effect. Apart from this, the immigration laws also have to be properly evaluated in each country and the immigrant officials must train in compliance with the various international instruments in place. Further a proper identification mechanism has to be made to ensure that migrants, especially the smuggled ones, are constantly tracked. Apart from this, having a comprehensive compact protocol more suited to this decade which keeps in mind even the role of cyberspace in this regard and other legal precedents in place while being inclusive of everything can also go a long way in re-evaluating the international law of migrant smuggling. Lastly and arguably one of the most important aspects that also has to be considered is the root cause of such migration itself, which often includes but is not limited to factors like poverty and lack of rights. Perhaps if these issues are adequately tackled at the domestic level itself a new international instrument or even the already existing ones would have served their purpose to the best of their abilities.
onducted a total of five underground nuclear tests, breaking a 24-year self-imposed moratorium on nuclear testing. Pakistan followed, claiming 5 tests on May 28, 1998, and an additional test on May 30. The unannounced tests created a global storm of criticism, as well as a serious setback for decades of U.S. nuclear nonproliferation efforts in South Asia. On May 13, 1998, President Clinton imposed economic and military sanctions on India, mandated by Section 102 of the Arms Export Control Act (AECA), and applied the same sanctions to Pakistan on May 30. Some effects of the sanctions on India included: termination of $21 million in FY1998 economic development assistance; postponement of $1.7 billion in lending by the International Financial Institutions (IFI), as supported by the Group of Eight (G-8) leading industrial nations; prohibition on loans or credit from U.S. banks to the government of India; and termination of Foreign Military Sales under the Arms Export Control Act. Humanitarian assistance, food, or other agricultural commodities are excepted from sanctions under the law. 
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The foreign ministry
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