رفتار مالکانه قاچاق انسان در نظام کیفری ایران، عراق و حقوق جزای بین‌الملل

Today, the crime of human trafficking and trafficking, as a national and international crime, has expanded to such an extent that it has moved beyond its traditional form and is being committed in a transnational and targeted manner. At the domestic level, the Anti-Human Trafficking Law of 2004 was passed regarding this phenomenon. Also, the Human Trafficking Law No. 28 of 2012 of Iraq has defined this crime, and at the international level, the Palermo Convention on Combating Human Trafficking has been passed. The present research is theoretical and the research method is descriptive-analytical and the data collection is library-based; it seeks to answer the question of what is the behavior of modern slavery (human trafficking) in the criminal system of Iran, Iraq and international criminal law? The findings of the study show that although the Iraqi legal system has adopted many strategies to combat the phenomenon of human trafficking, these measures have been ineffective in combating it due to the lack of an effective national vision and the ability of organized gangs. The law against human trafficking in the Iranian criminal system is also not without its problems

Introduction

Among the inhuman and immoral actions of the present era that have befallen humanity in the global arena is the issue of human trafficking, which we are witnessing every day. Eradicating this problem is due to a global determination and full cooperation of governments on a large and extensive level. Slavery and servitude are the first practices known to human societies, and despite the passage of centuries and the issuance of numerous international agreements aimed at eliminating them, the challenges to eliminate this phenomenon once and for all continue. For example, international laws and local laws, Iraqi laws are one of the most important legal tools in combating this phenomenon and determining the means of protecting human rights to prevent the complete elimination of this phenomenon. Human trafficking, which is also known today by terms such as white trade, human mafia, and modern slavery, is one of the cases of organized crime that has increased sharply since the beginning of the 1990s and has become a global problem in recent years. The crime of human trafficking is the ultimate violation of human dignity and represents a qualitative leap in the field of inhuman exploitation of individuals. Therefore, efforts have been initiated to eradicate this phenomenon and reduce it by any means, including legal measures.

Theoretical Framework

Slavery (both past and present) occurred when the cost of employing and hiring labor was greater than the cost of using violence and force to force people to work. If you have a business and need to hire labor to run your business, you should advertise for workers. The 1926 Slave Trade and Abolition Convention defines slavery as: “the status and condition of a person over whom all or some of the powers incidental to the right of ownership are exercised” (Slavery Convention, 1926, Art. (1)). Any of the powers relating to financial and material rights that individuals have over other objects, if imposed on a person as a commodity, is considered slavery. For example, property (i.e., slaves) can be rented, gifted, entrusted, sold, and so on. In this case, just as the ownership of objects or their possession may be disputed, a claim for possession and the like may occur with respect to a slave. Therefore, a slave is like a commodity; and of course, sometimes his condition is worse because the owner may take sexual advantage of him. Therefore, this convention also prohibits acts related to slavery, such as the slave trade, in order to facilitate the fight against slavery or to eradicate this practice. "Slave trade" means all acts that are carried out for the purpose of capturing, possessing or transferring a person with the intention of reducing him to the level of slavery or servitude, and also includes all acts that are carried out as possession of a slave for the purpose of sale or exchange; in addition, all acts related to the transfer of ownership through slave trade or exchange to a person who has been acquired with the intention of sale or exchange, and also in general any trade or transportation of slaves, whether carried out on any type of vehicle..

Methodology

In this research, which was conducted using a descriptive-analytical method and library resources, we seek to address the question of what the approach of the criminal law systems of Iran, Iraq, and international criminal law is regarding modern slavery (human trafficking) and what are the guarantees for the execution of human trafficking in the above criminal systems.

Results & Discussion

 The findings of the study show that despite the fact that the Iraqi legal system has adopted many solutions to combat the phenomenon of slavery and human trafficking, these measures have been unable to combat it due to the lack of an effective national vision and considering the ability of organized gangs. On the other hand, the war conditions that have engulfed Iraq under the influence of the American occupation and subsequent insecurities, as well as the negative effects of the presence of ISIS in Iraqi society, have created a suitable environment for the expansion of the activities of organized gangs, especially human trafficking.

Conclusions & Suggestions

Slavery and human trafficking are very complex issues that criminal groups are increasingly involved in. Human exploitation is not limited to sexual exploitation and encompasses various dimensions, including forced labor, forced marriage, arduous domestic labor, and other exploitative practices. Of course, trafficking in women for the purpose of prostitution or other forms of sexual exploitation still constitutes the most important purpose of trafficking. In terms of criminal and penal policy, countries and international organizations should consider taking urgent and explicit measures to prevent new slavery and, through the international police (Interpol), take measures to destroy such human trafficking gangs, which often have international roots.
 
 
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