1

List of Acronyms

AI Artificial Intelligence
ATC Anti-Trafficking Cell
CCPCJ Commission on Crime Prevention and Criminal Justice
CND Commission on Narcotic Drugs
COMPAS Correctional Offender Management Profiling for Alternative Sanctions
CSOs Civil Society Organizations
ECOSOC Economic and Social Council
GBV Gender Based Violence
GLO.ACT Global Action Against Trafficking in Persons and the Smuggling of Migrants
HRC Human Rights Council
ICT Information and Communications Technology
INTERPOL International Criminal Police Organization
IOM International Organization for Migration
ITU International Telecommunication Union
MoU Memorandum of Understanding
NGOs Non-Governmental Organizations
OECD Organization for Economic Co-operation and Development
OHCHR Office of the United Nations High Commissioner for Human Rights
SDGs Sustainable Development Goals
UN United Nations
UNCAC United Nations Convention Against Corruption
UNESCO United Nations Educational, Scientific and Cultural Organization
UNGA United Nations General Assembly
UNICEF United Nations Children’s Fund
UNODC United Nations Office on Drugs and Crime
UNSC United Nations Security Council
UNTOC United Nations Convention Against Transnational Organized Crime
UN Women United Nations Entity for Gender Equality and the Empowerment of Women
WHO World Health Organization
WSIS World Summit on the Information Society

2
 Table of Contents

Introduction 4
Mandate, Functions and Powers 6
Recent Priorities 7
Membership, Governance and Structure 8
Partnerships 8
Guiding Documents 9
Conclusion 11
Topic 1: Addressing the Use of Artificial Intelligence in Criminal Reform Systems 14
Introduction 14
International Frameworks 16
Role of the International Community 19
Ensuring Security in ICTs 22
Ethics of Predictive AI Systems in Justice 23
Conclusion 25
Topic 2 : Improving Coordination to Combat Migrant Smuggling 28
Introduction 28
International Frameworks 30
Role of the International Community 32
Border Control and Disrupting Migrant Smuggling Networks 35
Women in Smuggling Routes 37
Conclusion 39
References 41

3
 Committee Overview

Introduction

The predecessor of the United Nations (UN) was the League of Nations. The UN is an
international organization founded in 1945 after World War II.1 It currently employs 193 Member
States.2 The United Nations Office on Drugs and Crime (UNODC) acts as a secretariat under the
UN.3 The United Nations Drug Control Programme and the Centre for International Crime
Prevention, two antecedent organizations, merged to become known as the UNODC.4 The
UNODC is an international leader in the battle against illicit drugs and global crime, as well as the
UN’s lead mission on terrorism.5 UNODC was founded in 1997 and currently employs around 500
members worldwide.6 Ghada Fathy Waly is the UNODC executive director since February 1, 2020.
Its headquarters are in Vienna, Austria, and it has 20 regional offices, as well as liaison departments
in New York and Brussels.7 The UNODC work programme consists of three pillars: Normative
work, research and analytical work, and field-based technical cooperation programmes.8 Not only
acting as the main policymaking bodies of the UN, The Commission on Narcotic Drugs (CND) and
the Commission on Crime Prevention and Criminal Justice (CCPCJ) are also the governing bodies
of the UNODC.9 The Secretariat to the Governing Bodies serves as a liaison between the
Commissions and their subsidiary entities, as well as UNODC.10

Mandate

The UNODC works to educate people about the dangers of drug abuse while strengthening
international action against illicit drug production, trafficking, and drug related crimes.11 It also
works to prevent crimes and assist with criminal justice reform while strengthening the rule of law.12

1
“History of the United Nations.” United Nations.
2
Ibid.
3
Secretariat to the Governing Bodies - United Nations Office on drugs
4
“What Is United Nations Office on Drugs and Crime (UNODC)?”
5
Ibid.
6
“Biography.” United Nations : Office on Drugs and Crime.
7
Ibid.
8
South Asia Regional Profile United Nations Office on Drugs and Crime (2005)
9
Secretariat to the Governing Bodies - United Nations Office on drugs
10
Ibid.
11
Chinoda, Kudzai. “About Us.” The United Nations Office on Drugs and Crime, 2023.
12
Ibid.

4
The UNODC mandate is to fight against illicit drugs, transnational organized crime, terrorism, and
corruption, while also preserving most related conventions.13 These conventions include the United
Nations Convention against Transnational Organized Crime and its three protocols, the United
Nations Convention against Corruption, and the international drug control conventions.14 The
UNODC has a variety of goals and activities aimed at promoting global security, justice, and
sustainable development.15

Recent Priorities

During COVID-19, the UNODC supported Member States and citizens.16 The UNODC
focused on people who use drugs, those with drug use disorders, and citizens, as well as prisoners
with HIV, Hepatitis C, and Hepatitis B.17 They also provided decontamination units, online training,
as well as relief programs for children and youth in juvenile detention.18

The UNODC aims to continue with its commitment to human rights, gender equality, the
empowerment of women, and the protection of children.19 Due to COVID-19, the issues of fragility,
crime, and terrorism were exposed to inequalities.20 However, the UNODC aims to bridge the gaps
in these issues through the 2021-2025 strategy.21 This strategy focuses on crime prevention and
criminal justice, addressing and countering the world drug problem, preventing and countering
organized crime, corruption, economic crime, and terrorism.22

The UNODC has also adopted several resolutions to solve these issues, including 65/2
which aims to strengthen international cooperation to address the links between illicit drug
trafficking and illicit firearms trafficking.23 In order to tackle the issue of the protection of children,
the UNODC has also adopted Resolution 77/233, which aims to protect children from sexual

13
Ibid.
14
Bayne, Christopher. “UNOV.” The United Nations Office on Drugs and Crime, 2023.
15
Ibid.
16
“Covid-19 Response.” United Nations : UNODC ROMENA, 2020.
17
Ibid.
18
Ibid.
19
“UNODC Strategy 2021-2025.” United Nations : Office on Drugs and Crime, 2021.
20
Ibid.
21
Ibid.
22
Ibid.
23
Resolutions and Decisions DB, 2023.

5
exploitation and abuse.24 The UNODC has adopted numerous resolutions in order to tackle issues
on its agenda.25

Functions and Powers

The UNODC has many functions and powers, most notably their capacity building
programs and initiatives.26 Through its abundance of programs, the UNODC aims to tackle complex
problems faced at national, regional, and global levels.27 Through its work on an international level,
the UNODC helps Member States tackle a wide range of issues pertaining to the world drug
problem, corruption, terrorism, organized crime, and promoting criminal justice.28

Research and Analysis

The UNODC is the primary global authority on research in the field of drugs and crime, due
to its high-quality essential evidence.29 It has the power to conduct research and analysis, monitoring
global trends in drugs, crime, and corruption.30 This enables the UNODC to provide evidence-based
information to Member States and other relevant stakeholders.31 This research provides valuable
knowledge on drug and crime domains, including the framework for the Sustainable Development
Agenda.32 Several programs, including the Thematic Program on Research, Trend Analysis, and
Forensics, provide tools and services to support policy development pertaining to the UNODC
mandate.33

Capacity Building and Technical Assistance

The UNODC provides a wide range of capacity building and technical assistance initiatives
and programs in order to strengthen the skills of Member States.34 The UNODC Global Program
on Cybercrime must assist Member States in their issues pertaining to cyber-related crimes, through

24
Ibid.
25
Ibid.
26
“UNODC: Who We Are and What We Do.” United Nations Office on Drugs and Crime, 2021.
27
Ibid.
28
Ibid.
29
“Resources: Data and Analysis.” United Nations Office on Drugs and Crime, 2022.
30
Ibid.
31
Ibid.
32
Ibid.
33
Ibid.
34
​“Capacity Building.” United Nations, 2020.

6
capacity building and technical assistance.35 Through its funding from several Member States, the
program aims to increase the efficiency and effectiveness of several topics.36 Most notably,
investigations regarding cybercrime, specifically online child sexual exploitation and abuse.37 To add,
they aim to strengthen international communication between law enforcement, governments, and
the private sector.38

The UNODC Global Judicial Integrity Network aims to aid judiciaries on a global scale in
strengthening judicial integrity and preventing corruption in the justice sector, aligning with Article
11 of the United Nations Convention Against Corruption.39 This network hopes to strengthen
accountability, professionalism, and judicial integrity on a global scale, by producing various tools to
help judiciaries accomplish just that.40

The joint UNODC-WHO Programme on Drug Dependence Treatment and Care is a

partnership between the UNODC and the World Health Organization (WHO) to support the
evolution of health-based approaches to different drug policies, which hopes to reduce the demand
for illicit drugs.41 It hopes to increase the global recognition of drug dependence treatment and
integrate it into mainstream healthcare and social welfare systems.42 The aim of this program is to
relieve mental suffering and decrease drug-related harm to individuals on a global scale.43

Awareness and Advocacy

The UNODC is at the forefront of raising awareness through different campaigns on issues
pertaining to its mandate.44 Campaigns such as the Campaign on Transnational Organized Crime,
the Blue Heart Campaign against Human Trafficking, and the Listen First Drug Abuse Prevention
Campaign all aim to raise awareness to tackle issues on illicit drugs, crime, and corruption.45

35
“Global Programme on Cybercrime.” United Nations Office on Drugs and Crime, 2015.
36
Ibid.
37
Ibid.
38
Ibid.
39
“Judicial Integrity.” The United Nations Office on Drugs and Crime, 2022.
40
Ibid.
41
​“Joint UNODC/WHO Programme on Drug Dependence Treatment and Care.” World Health Organization, 2021.
42
Ibid.
43
Ibid.
44
Mvergarapo. “Campaigns.” United Nations Office on Drugs and Crime, 2023.
45
Ibid.

7
Through these different campaigns, awareness and advocacy for these issues is raised on a global
scale.46

Membership

Headed by the Executive Director, Ghada Fathy Waly, the UNODC currently employs over
500 members globally.47 The Economic and Social council (ECOSOC) elects members of the
CCPCJ and CND through its agenda on elections, nominations, confirmations, and appointments.48
The elections are normally held in April during the ECOSOC resumed organizational session.49 In
order to function successfully, the Commission must thoroughly organize and plan its work ahead of
time.50 Such responsibilities are carried out by the Commission's Bureau and Extended Bureau,
which actively participate in the preparation of regular and inter-sessional meetings with the aid of
the Secretariat.51 The Commission's Bureau is made up of the Chairperson, three Vice-Chairpersons,
and one Rapporteur.52 The Commission elects its Bureau for the following session at the conclusion
of its reconvened session.53 The CND and the CCPCJ are the two main bodies under the UNODC
system.54 The CND examines and evaluates the drug situation across the globe.55 The CCPCJ assists
the UN on matters related to criminal justice and crime prevention.56

Partnerships

UNODC engages with Non-Governmental Organizations (NGOs), community-based

organizations, and civil society groups to raise awareness, mobilize communities, and implement
programs on the ground. The UNODC Civil Society Team interacts with a large number of
individual Civil Society Organizations (CSOs) to assure their active participation and involvement in
the global scene and work primarily through umbrella organizations when planning workshops and

46
Ibid.
47
Bayne, C. “UNOV.” The United Nations Office on Drugs and Crime (2023).
48
Ibid.
49
Membership-and-Termofoffice.” United Nations : Office on Drugs and Crime.
50
Ibid.
51
Ibid.
52
Ibid.
53
Ibid.
54
“Commissions.” United Nations : Office on Drugs and Crime.
55
“The Commission on Narcotic Drugs.” United Nations : Office on Drugs and Crime.
56
“The Commission on Crime Prevention and Criminal Justice.” United Nations : Office on Drugs and Crime.

8
particular events aimed at NGOs.57 UNODC’s three main civil society partners are: The Vienna
NGO Committee on Drugs, The UNCAC Coalition, and The Alliance of NGOs on Crime
Prevention and Criminal Justice.58 The main purpose of these organizations is to support the
mandate of UNODC and the work of its two commissions, represent their members' interests and
viewpoints at UNODC-sponsored conferences and commission meetings, inform key audiences at
the regional and local levels about the major events that affect civil society organizations, and
encourage and enhance communication between CSOs and UNODC.59 In addition, the majority, or
around 95%, of funding for UNODC’s efforts in drug control and crime prevention comes from
voluntary donations from Member States, multilateral organizations, the private sector, and other
sources.60 In support of Sustainable Development Goal (SDG) 17, UNODC is committed to
strengthen and expand its global partnership base to achieve the targets of the 2030 Agenda for
Sustainable Development and diversify its funding sources.61

Guiding Documents

The United Nations Convention Against Corruption

The United Nations Convention Against Corruption (UNCAC) entered into force in
December 2005 as the only legally binding universal anti-corruption instrument.62 The Convention
covers public and private, domestic and international corruption, which makes it a unique tool for
developing a comprehensive response to a global problem.63 The Convention addresses five key
areas: preventative measures, criminalization and law enforcement, international cooperation, asset
recovery, and technical assistance and information exchange.64 In addition, the Convention handles
many different forms of corruption such as bribery, trading in influence, abuse of functions, and
various private sector corruption-related offenses.65

57
United Nations : Office on Drugs and Crime, Civil Society Partners.
58
Ibid.
59
Ibid.
60
United Nations : Office on Drugs and Crime, Partners.
61
Ibid.
62
United Nations : Office on Drugs and Crime, Convention against corruption.
63
United Nations Office on Drugs and Crime, Menu of Services: Technical assistance provided
by UNODC, (United Nations, 2008).
64
United Nations : Office on Drugs and Crime, Convention against corruption.
65
Ibid.

9
The United Nations Convention against Transnational Organized Crime

The United Nations Convention against Transnational Organized Crime (UNTOC) was
adopted by General Assembly resolution 55/25 on November 15, 2000.66 This Convention
represents the first comprehensive and globally binding instrument to fight transnational organized
crime. It encompasses measures on the criminalization of participation in an organized criminal
group, combating money-laundering, assistance and protection to victims and witnesses, special
investigative techniques, mutual legal assistance, extradition and international cooperation.67 Adding
to that, the UNTOC is further supplemented by three protocols which concentrate on specific
incidents and forms of organized crime: the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children; the Protocol against the Smuggling of Migrants by Land,
Sea and Air; and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their
Parts and Components and Ammunition.68

Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances

The Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances,
established in 1988, serves as a comprehensive measure against drug trafficking, including provisions
against money laundering and the diversion of precursor chemicals.69 Additionally, it allows for
international collaboration through methods including the transfer of proceedings, controlled
delivery, and the extradition of drug traffickers.70

Convention on Psychotropic Substances

The Convention on Psychotropic Substances, 1971, establishes a global framework for the
regulation of psychoactive substances. It responded to the diversification and expansion of the
spectrum of drug abuse and introduced controls over a number of synthetic drugs according to their
abuse potential and their therapeutic value.71

66
United Nations : Office on Drugs and Crime, United Nations Convention against Transnational Organized Crime.
67
United Nations Office on Drugs and Crime, Menu of Services: Technical assistance provided
by UNODC, (United Nations, 2008).
68
Ibid.
69
United Nations : Office on Drugs and Crime, Convention against the illicit traffic in narcotic drugs and psychotropic
substances, (United Nations, 2019).
70
Ibid.
71
United Nations : Office on Drugs and Crime, Convention on psychotropic substances, (United Nations, 2019).

10
Single Convention on Narcotic Drugs

The Single Convention on Narcotic Drugs was established in 1961 to coordinate

international action with the aim of combating drug abuse.72 This Convention seeks to limit the
possession, use, trade in, distribution, import, export, manufacture and production of drugs
exclusively to medical and scientific purposes. It also aims to combat drug trafficking through
international cooperation to deter and discourage drug traffickers.73

Conclusion

Under the UN Secretariat, the UNODC has been assisting in making the globe safer from drugs,
transnational organized crime, corruption, and terrorism. By addressing these dangers and fostering
peace and sustained well-being, UNODC is devoted to achieving safety, health, and justice for
everyone. Providing assistance to drug abusers is one of the most recent priorities that UNODC has
been working on during COVID-19. Still, it is dedicated to implementing and achieving the new
2030 Agenda for Sustainable Development.

72
United Nations: Office on Drugs and Crime, Single Convention on Narcotic Drugs.
73
Ibid.

11
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13
 Topic 1: Addressing the Use of Artificial Intelligence in Criminal
Reform Systems

Introduction

Artificial Intelligence (AI) has been increasing rapidly alongside the use of big data. 74 AI has
been used in different applications and sectors, such as the environment, research, security, and
trade.75 Its growth is exponential as it is estimated that by 2025, it will amount to nearly 90 billion
dollars.76As a matter of fact, the number of Internet users is increasing rapidly worldwide, with 87%
of people in developed countries, 19% in Least Developed Countries, and 51% users of the global
population in 2021. With this growth, it has the potential for both positive and negative impacts on
society, specifically its use in criminal reform systems. According to the Organization for Economic
Co-operation and Development (OECD), AI’s capabilities and applications are expanding
simultaneously, its definition varies as the technology advances and new AI systems emerge, which is
why OECD describes AI’s features as the ability of machines and systems to acquire and apply
knowledge, and to carry out intelligent behavior.77 Criminal reform systems started adopting these
technologies recently with the evolution of digital court systems as a result of COVID-19 by
integrating these emerging technologies in legal practices.78 While AI has an important role in
improving the efficiency of judicial operations, implementing regulatory frameworks are necessary to
guarantee that the principles of criminal reform systems are upheld.79 Therefore, its application in
criminal reform systems requires a humanistic approach to focus on human rights in the judicial
systems. AI lacks the importance in human nature through adopting face recognition features and
predictive policing in an unethical way.80

Nevertheless, the use of AI has many challenges in criminal reform, including pattern
recognition that is biased, biased decisions taken by AI-based algorithms, and transparency and

74
Audrey Azoulay, “Towards an Ethics of Artificial Intelligence,” United Nations, 2018.
75
Ibid.
76
Ibid.
77
OECD, Artificial Intelligence, Machine Learning and Big Data in Finance: Opportunities, Challenges, and Implications for Policy
Makers, 2021.
78
Ibid.
79
“Advancing Rule of Law, Justice for All through Technology Must Include Equal Internet Access, Human Rights Compliance, Sixth
Committee Speakers Stress | Meetings Coverage and Press Releases,” United Nations, 2023.
80
Ibid.

14
accountability.81 For example, self-learning algorithms may be trained by certain data sets such as
databases that may contain biased data that can be used by applications for criminal or public safety
purposes, leading to biased decisions, hence leading to an unfair trial.82

AI has the opportunity to contribute to the achievement of the SDGS, specifically SDG 16
(peace, justice, and strong institutions) as it highlights the importance of improving access to justice,
ensuring safety and security and promoting human rights. The application of AI in criminal reform
systems is specifically addressed through targets 16.6 (developing effective, accountable and
transparent institutions at all levels). In fact, AI enhances law enforcement, legal systems, access to
justice, and fighting against corruption while promoting accountability. Specifically, it contributes by
identifying patterns, predicting crime hotspots, and enhancing investigative processes. Furthermore,
AI has been gradually extended to all Information and Communications Technology (ICTs), as
reported by the World Summit for Social Development, that new approaches and technologies
facilitate the sharing of information with people as they access different communications sectors.83
ICTs have become an integral part of our modern society, impacting various aspects of our lives.
They facilitate communication, knowledge sharing, economic activities and innovation which in turn
contributes to social, economic, and technological advancement. AI also initiated International
Telecommunication Union (ITU) work into their systems such as data management and
transparency in criminal reform systems as they also provide a neutral platform for government and
aim to build a common understanding of the capabilities of emerging AI technologies in justice
systems.84

The use of AI in the field of justice presents both challenges and opportunities in its
integration in justice systems, which is why it must be discussed how AI-based systems can assist
criminal reform systems to improve their roles within the administration of justice and to handle
cases involving AI that impact human rights, given the field's rapid development, through ensuring
security of ICTs and considering the ethical ways of predictive AI systems.85

81
UNESCO, “AI and the Rule of Law: Capacity Building for Judicial Systems.”
82
UNESCO, “Building Partnerships to Mitigate Bias in AI,” 2023.
83
Ibid.
84
Ibid.
85
Ibid.

15
International Frameworks

The UN Educational, Scientific and Cultural Organization’s (UNESCO) Recommendation on the Ethics
of Artificial Intelligence represents the first-ever global agreement that defines the common values and
principles needed to ensure the healthy development of AI.86 The framework was adopted by all 193
Member States on 23 November 2021 as a means to address the concerns outlined in Human Rights
Council (HRC) Resolution 47/23, specifically in the field of AI.87 The protection of human rights
and dignity is the cornerstone of the Recommendation, based on the advancement of fundamental
principles such as transparency, fairness, accountability, and the rule of law online.88 In addition, the
Recommendation’s 11 policy areas highlight concrete policy actions that should be undertaken to
ensure that the development, deployment, and use of AI is done ethically.89 The UNESCO
Recommendation calls for the establishment of adequate data protection frameworks and
governance mechanisms in a multi-stakeholder approach, protected by judicial systems, to ensure the
trustworthiness of AI systems.90

The Doha Declaration on Crime Prevention and Criminal Justice is the outcome document of the
13th United Nations Congress on Crime Prevention and Criminal Justice in 2015.91 This framework
offers a holistic and comprehensive approach to countering crime in all its forms and manifestations
by ensuring coordinated efforts for effective, fair, human, and accountable criminal justice systems.92
It also outlines a global commitment to strengthen integrity, accountability, and transparency in the
justice system and reinforce the bonds between these fundamental concepts as a means of
upholding judicial independence.93 To reinforce the main purposes of the Declaration, the UNODC
, through the financial support of Qatar, has launched a wide-ranging Global Programme aimed at
helping Member States achieve a positive and sustainable impact on criminal justice, crime
prevention and the rule of law.94 The Global Programme focuses on four very specific and

86
United Nations, 193 Countries Adopt First-Ever Global Agreement on the Ethics of Artificial Intelligence, (UN News,
2021).
87
UNESCO, Recommendation on the Ethics of Artificial Intelligence, (UNESCO, 2022).
88
Ramos, Gabriella, Ethics of Artificial Intelligence, (UNESCO, 2022).
89
Ibid.
90
UNESCO, Recommendation on the Ethics of Artificial Intelligence, (UNESCO, 2022).
91
UNODC, The Doha Declaration on Crime Prevention and Criminal Justice, (United Nations, 2015).
92
Ibid.
93
UNODC, The Doha Declaration on Judicial Integrity, (United Nations, 2020).
94
UNODC, Doha Declaration Global Programme, (UNODC, 2016).

16
inter-related components: strengthening judicial integrity and the prevention of corruption; fostering
prisoner rehabilitation and social integration; preventing youth crime through sports; and
encouraging a culture of the rule of law in schools and universities through the initiative ‘Education
for Justice’.95 This program has reached two and a half million people in more than 190 countries.96
The Global Programme was able to develop a comprehensive package of Judicial Ethics Training
Tools, which were implemented in 71 jurisdictions worldwide, and reached over 6,800 judiciary
members globally.97 The Global Judicial Integrity Network was also launched in 2018 as a part of the
program's activities.98 However, despite this progress, the Declaration has received criticism for
failing to considerably advance in areas of criminal justice, human rights protection, and crime
prevention, especially in developing nations.99

The Right to Privacy in the Digital Age is a report submitted by the UN High Commissioner for
Human Rights in 2021.100 The report, also referred to as A/HRC/48/31, examines how the
widespread use of AI by States and businesses can have detrimental effects on the enjoyment of the
right to privacy and related rights.101 The report identifies the alarming use of AI in sectors like
criminal justice, noting concerns about State interventions violating the right to privacy, to a fair trial,
to freedom from arbitrary arrest and detention, and the right to life.102 It also emphasizes the lack of
transparency and the risk of discrimination in AI predictive tools, reflecting historical biases in data,
this affecting certain minority groups.103 This report highlights the need for a human rights-based
approach to AI that involves applying core principles such as equality, non-discrimination, and
accountability, which lie at the heart of the SDGs.104 Ensuring legality and proportionality in the
deployment of AI is crucial to realize economic, social, and cultural rights.105 Additionally, the report
emphasizes how urgently sufficient protections must be put in place before AI systems that

95
Ibid.
96
UNODC, Transforming Policy into Action: The Legacy of the Doha Declaration Global Programme 2016-2021,
(UNODC, 2021).
97
Ibid.
98
Ibid.
99
Cássius Guimarães Chai et al., Global Governance and Democracy: Discussing Mutual Legal Correspondence, Human
Rights, and Legal Cooperation on Criminal Justice, (Beijing Law Review, 2023).
100
UNGA, 48/31. United Nations Human Rights Council, (United Nations, 2021).
101
Ibid.
102
Ibid.
103
Ibid.
104
Ibid.
105
Ibid.

17
endanger human rights may be sold or used.106 It also calls for AI applications that cannot be used in
compliance with international human rights law to be banned.107

The Geneva Declaration of Principles and Plan of Action was adopted at the 2003 World Summit on
Information Society (WSIS) hosted by the ITU.108 The goal of WSIS is to achieve a common vision,
desire, and commitment to build a people-centric, inclusive, and development-oriented Information
Society where everyone can create, access, utilize, and share information.109 The declaration
highlights the need to prevent the potential use of ICTs for purposes that are inconsistent with
maintaining international stability and security which in turn may affect the integrity of the
infrastructure within States.110 Adding to that, the declaration acknowledges the importance of ethics
for the Information Society as a means to foster justice, and the dignity and worth of the human
person.111 The ten-year review of the WSIS outcomes indicates that in the years following, ICTs have
achieved global saturation with mobile phone subscriptions nearly matching the world’s population,
and 4 out of 10 people in the world make use of the internet.112 Additionally, innovations such as
mobile money, environmental monitoring, and advancements in health and education technologies
have significantly impacted individuals and communities, contributing to ICTs as key enablers in
achieving the SDGs.113 However, challenges persist in bridging the digital divide, with discrepancies
in affordability, content, and broadband access.114 Efforts are crucial to address emerging issues like
cybersecurity, human rights, and equitable ICT use, ensuring that the benefits of new technologies
are accessible to all, regardless of geographic or socio-economic factors.115

The Bangalore Principles of Judicial Conduct were endorsed by ECOSOC resolution 2006/23 that
called for strengthening basic principles of judicial conduct.116 The principles were adopted by the
Judicial Group on Strengthening Judicial Integrity, convened by the UNODC and the United

106
OHCHR, OHCHR and privacy in the digital age, (OHCHR, 2021).
107
Ibid.
108
UN ITU, World Summit on the Information Society: Declaration of Principles, 2003, p. 1.
109
UN ITU, The Geneva Declaration of Principles and Plan of Action, World Summit on Information Society, (WSIS,
2003).
110
WSIS Forum 2023, “Session 139— High-Level Policy Session 3 : Building Confidence and Security in the Use Of ICTs,”
(United Nations, 2023).
111
Ibid.
112
UNCTAD, Implementing WSIS outcomes: A ten-year review, (United Nations, 2015).
113
Ibid.
114
Ibid.
115
Ibid.
116
UNODC, The Bangalore Principles of Judicial Conduct, (United Nations, 2018).

18
Nations Development Programme in Bangalore, India in 2002.117 The Bangalore Principles highlight
six essential core values of the judiciary: Independence, Impartiality, Integrity, Propriety, Equality,
Competence, and Diligence.118 These standards aim to set ethical guidelines for judges, offering
guidance in their duties and providing a framework for regulating their conduct. Additionally, they
serve to enhance public understanding of the judicial role and provide a benchmark for evaluating
the performance of the judicial sector.119

The Correctional Offender Management Profiling for Alternative Sanctions (COMPAS) and the Harm
Assessment Risk Tool (HART) are risk assessment tools widely utilized by developed countries such as
the United States, adapted across several states including New York, Wisconsin, Florida, and
California.120 HART is designed to provide judicial professionals with help to make informed
decisions about managing individuals who have committed offenses.121 COMPAS is a statistical
algorithm that is used to assess the extent of the risk a defendant will most likely commit crimes
after release.122

Role of the International Community

With the constant advancement of AI and its integration into judiciaries, the role of the
international community is constantly developing. There are several international networks,
roadmaps, summits, and charters being developed on a global scale to adequately implement AI into
criminal form. To begin with, The Global Judicial Integrity Network, developed by the UNODC
through the Doha Declaration, is examining the use of AI in justice systems, whilst reaffirming the
lack of regulation within AI.123 It hopes to share good practices and promote the ethical use of AI
while building a common understanding of its transparency in courts.124 It also organized a panel as
part of the World Bank’s Law, Justice, and Development Week in 2019, as well as at the Second

117
Ibid.
118
Measures for the effective implementation of the Bangalore principles, 2010.
119
Ibid.
120
Taylor, Alexandra. AI Prediction Tools Claim to Alleviate an Overcrowded American Justice System. (Stanford Politics,
2020).
121
Ibid.
122
Ucla Law. Injustice Ex Machina: Predictive Algorithms in Criminal Sentencing. (UCLA Law Review, 2019).
123
“The Ethical Use of Artificial Intelligence,” United Nations Office on Drugs and Crime, 2022.
124
Ibid.

19
High-Level Event of the Network in Doha, Qatar in 2020.125 This panel was established to promote
the ethical use of AI in criminal reform and judicial systems.126

Similarly, the United Nations Secretary-General’s Roadmap for Digital Cooperation was
established in 2020, with eight key areas for action.127 These key thematic areas include achieving
universal connectivity and digital inclusion, protecting human rights online, strengthening digital
capacity-building, and supporting global collaboration on artificial intelligence.128 This roadmap aims
to establish global capacity for the development and use of AI in a way that is reliable, human
rights-based, safe, sustainable, and promotes peace while requiring increased multi-stakeholder
initiatives.129

Furthermore, United Nations General Assembly (UNGA) resolution 53/70 titled

‘Developments in the Field of Information and Telecommunications in the Context of International
Security’ was adopted by the UNGA in 1998.130 This resolution recognizes the rapid growth of ICTs
and their importance in international security.131 It aims to strengthen international cooperation on
ICT security, promote the use of ICTs for peace and security, and enhance the capacity of
developing countries to address ICT security challenges.132 Additionally, UNGA resolution 74/177
titled ‘Strengthening the United Nations Crime Prevention and Criminal Justice Program, in
particular, its technical cooperation capacity’ was adopted in 2019.133 This resolution reaffirms the
importance of the United Nations Crime Prevention and Criminal Justice Programme (UNCCPCJ)
in assisting Member States in preventing and combating crime, as well as improving their technical
cooperation capacity, in order to assist developing countries.134 Moreover, the Harm Assessment
Risk Tool (HART) is a tool widely used by developed countries in order to predict the likelihood of

125
Ibid.
126
Ibid.
127
“Secretary-General’s Roadmap for Digital Cooperation,” United Nations, 2020.
128
Ibid.
129
Ibid.
130
UN General Assembly, Developments in the field of information and telecommunications in the context of international
security A/RES/53/70, 1998.
131
Ibid.
132
Ibid.
133
UN General Assembly, Strengthening the United Nations Crime Prevention and Criminal Justice Program, in particular, its technical
cooperation capacity A/RES/74/177, 2019.
134
Ibid.

20
someone committing an offense.135 This tool gathers personal background information and then
uses AI to generate an algorithm to classify the level of risk one entails. 136

Moving into the ITU which hosts an “AI for Good” summit and produces a UN Activities
on AI report.137 The AI for Good Summit promotes AI to advance health, climate, gender, inclusive
prosperity, sustainable infrastructure, and other global development priorities.138 It partners with
over 40 UN sister agencies to identify practical applications of AI, develop scale solutions for global
impact, and accelerate progress towards the SDGs.139 The UN Activities on AI report is a
collaboration with the ITU to build a common understanding of emerging AI technologies and
solutions for the SDGs.140 Both the summit and report work hand-in-hand to adequately implement
AI in a way that benefits the global community and advances the SDG's progress.141 Additionally, the
ITU and the UNODC signed a Memorandum of Understanding (MoU) in 2011 in order to
strengthen collaboration on issues pertaining to cybercrime in several areas including capacity
building, joint workshops, dissemination of information, development of prevention and education
materials, and data analysis.142 This MoU helped enhance the global response to threats of
cybercrime and subsequently promoted the secure use of ICTs.143 This collaboration has been
essential in providing countries with the necessary support to enhance their cybersecurity and
promote the secure use of ICTs. 144

Lastly, The European Ethical Charter on the use of artificial intelligence in judicial systems
and their environments was adopted in 2018 as the first European document entailing the ethical
principles relating to the use of AI in criminal reform.145 The charter defines five core principles to
be respected in the field of AI and justice including the respect of fundamental rights,
non-discrimination, quality and security, transparency, impartiality and fairness.146 The charter’s

135
Taylor, Alexandra, “AI Prediction Tools Claim to Alleviate an Overcrowded American Justice System… but Should They
be Used? Stanford Politics.
136
Ibid.
137
“AI for Good Summit,” AI for Good, July 12, 2023.
138
Ibid.
139
Ibid.
140
Ibid.
141
Ibid.
142
“ITU/UNODC,” ITU.
143
Ibid.
144
Ibid.
145
“COUNCIL OF EUROPE” European ethical charter on the use of AI in Judicial Systems.
146
Ibid.

21
principles are now being incorporated into national legislation and policy frameworks shaping the
future of AI in European courts and justice systems.147

Angle 1: Ensuring Security in ICTs

Artificial intelligence, cloud technologies, big data, and ICTs are developing rapidly.148 In
2022, the ITU estimated that 5.3 billion people of the earth’s 8 billion are using the Internet, and are
therefore increasing their exposure to ICTs.149 The use of ICTs in policing is increasing worldwide,
including in post-conflict areas. Additionally, ICTs are being used progressively for accountability
monitoring, crime reporting, surveillance and intelligence gathering, and administrative efficiency.150
More specifically, the use of ICTs, internet, and tech tools has spread in the criminal justice sector, as
it is used by law enforcement officials as a means to combat crime.151 Despite this progress, the
COVID-19 Pandemic increased the digital divide between countries and exposed the depths of the
uneven access to and use of ICTs between demographics and regions.152 At the same time, the level
of security in the digital environment remains too weak for the stable and progressive development
of national information spheres.153 The more devices are connected, the more difficult it is to ensure
their integrity, accessibility and confidentiality.154 This necessitates ensuring security in the criminal
justice industry as a means to keep the public safe and protect human life. As technology continues
to evolve, we must enhance their security measures as a means to protect confidential information
from unauthorized use, modification, loss, or release. Ensuring security in this context entails
developing and implementing mechanisms to detect and mitigate biased algorithms and involves
ensuring transparency in how algorithms function, how data is processed, and how decisions are
made.155 Using ICTs demands robust accountability and privacy measures to prevent compromising
trust, safety, and basic freedoms.156 Strict control over data access is essential to avoid misuse for
increased surveillance or oppression of individuals and groups, particularly minorities and dissidents.

147
Ibid.
148
Zharova, Anna. Ensuring the Information Security of Information Communication Technology Users in Russia, 2019.
149
ITU. Measuring Digital Development: Facts and Figures, (ITU, 2022).
150
How Can ICT Promote Cop? ICT4COP | Community oriented policing,
151
Ibid.
152
ESCAP, Inequality in Access to Information and Communication Technologies (ICTs) in East and North-East Asia and
South-East Asia, (United Nations, 2020).
153
Zharova, Anna. Ensuring the Information Security of Information Communication Technology Users in Russia, 2019.
154
Ibid.
155
Ibid.
156
Ibid.

22
 The ITU has emphasized how ICTs can accelerate progress towards every single one of the
17 SDGs, in line with The 2030 Agenda for Sustainable Development.157 In its 2003 WSIS forum, not only
did the ITU focus on its achievement of sustainable development through ICTs, but it also
highlighted their support to prevent the potential use of ICTs for purposes that are inconsistent with
international standards of stability and security.158 In addition, the potential of ICTs for peoples’
development was highlighted in General Assembly Resolution 53/70 “Developments in the Field of
Information and Telecommunications in the Context of International Security” which also noted
how threats to international order and peace may arise through the misuse of ICTs.159 Adding to
that, a 2021 report by the United Nations Group of Governmental Experts underscored the
relationship between international security and combating the malicious use of ICTs, and noted that
responding to threats in ICTs can contribute to international peace and security.160 Additionally, the
MoU signed by UNODC and ITU in 2011 underlines their coordinated effort towards the common
goal of ensuring the secure use of ICTs.161 Furthermore, the UNODC draws upon its specialized
expertise on criminal justice systems to provide a holistic approach through technical assistance in
capacity building, normative assistance, prevention and awareness raising, cooperation, and research
and analysis on trends. 162

Angle 2: Ethics of Predictive AI Systems in Justice

An ethical approach to the use of AI must align to the principles of the UN Charter by
recognizing all necessary rules of international human rights law including the right to privacy and
assessing the uniformity throughout all stages of the AI lifecycle.163 In addition to the principles of
the HLCP Inter-Agency Working Group on AI's developed principles, is to give United Nations
system organizations a foundation upon which to make decisions regarding the development,
design, deployment, and use of AI systems, including multiple interacting AI systems, in a way that is
reliable and prioritizes data responsibility, human dignity, equality of all people, environmental

157
ITU, ITU’s Approach to Using ICTs to Achieve the United Nations Sustainable Development Goals, (ITU, 2020).
158
UN ITU, The Geneva Declaration of Principles and Plan of Action, World Summit on Information Society, (WSIS,
2003).
159
UN General Assembly, Developments in the field of information and telecommunications in the context of international
security A/RES/53/70, 1998.
160
UN GGE 2021 Report,” Digital Watch Observatory, 2023.
161
United Nations Office on Drugs and Crime, UNODC and ITU Join Forces to Make the Internet Safer, 2011.
162
Ibid.
163
CEB. Principles for the Ethical Use of Artificial Intelligence in the United Nations System (2022).

23
preservation, biodiversity, and ecosystems.164 AI has expanded into its rapid application as a
contemporary approach to start digital courts in the most advanced judicial systems.165 A first
analysis of this occurrence shows that it offers new chances to reflect on our understanding of legal
certainty from a jurisprudential perspective.166 In addition to facial recognition, AI is a constructed
algorithm that has advanced to the point where it can now be used as a tool for predictive policing,
analyzing and evaluating vast amounts of data.167 According to the Bangalore Principles of Judicial
Conduct, in the judicial sector, Independence, Impartiality, Integrity, Propriety, Equality,
Competence and Diligence must be respected accordingly, this may be successfully achieved by
introducing ethical standards to the judicial conduct.168 Achieving successful jurisdictions require the
adherence to the rule of law and the Bangalore Principles of Judicial Conduct.169 As the development
of "robot lawyers" picks up pace globally, The AI approach in judicial systems has established
opportunities for many judicial systems throughout the world that already have AI tools to aid with
investigations and automate decision-making procedures in the realm of criminal justice.170
Challenges with ethics and morals take place as a result of its implementation.171 An important
distinction can be drawn between the human and AI approach in legal determinism.172 With that
being said, it is applicable to conclude that AI is not trained to capture the essence of human dignity
in terms of emotional appeal.173 A less human recognition system may then jeopardize an individual's
right to a fair trial.174 There are certain principles that AI algorithm systems may lack. Such principles
include, principle of respect for fundamental rights, principle of non-discrimination, principle of
quality and security, and finally, principle of transparency, impartiality and fairness.175 With that being
said, law enforcement organizations utilize AI systems, however, there are concerns regarding its
prejudice and the possibility that it could be a trojan horse influencing judicial systems.176 Law

164
Ibid.
165
Anastasia.platonova. “Artificial Intelligence: A New Trojan Horse for Undue Influence on Judiciaries?”
166
“COUNCIL OF EUROPE” European ethical charter on the use of AI in Judicial Systems.
167
Ibid.
168
Lusaka, Zambia. “Measures For The Effective Implementation of The Bangalore Principles of Judicial Conduct” International
Commission of Jurists. (2010).
169
Ibid.
170
“Ai and the Rule of Law: Capacity Building for Judicial Systems.” UNESCO.org.
171
“COUNCIL OF EUROPE” European ethical charter on the use of AI in Judicial Systems.
172
“Finding Neverland? Artificial Intelligence and the Jurisprudence of Legal Certainty” American University in Cairo AUC
knowledge fountain. (2021)
173
“COUNCIL OF EUROPE” European ethical charter on the use of AI in Judicial Systems.
174
Ibid.
175
Ibid.
176
Ibid.

24
enforcement agencies must establish clear guidelines for handling such data, ensuring it is used
exclusively for legitimate investigative purposes, in order to safeguard and enhance people’s rights
rather than infringe on them.177

The Global Judicial Integrity Network, the United Nations Office on Drugs and Crime, with the
financial support of the State of Qatar, launched the ambitious Global Programme for the
Implementation of the Doha Declaration. Officially launched in April 2018, the Global Judicial
Integrity Network aims to assist judiciaries across the globe in strengthening judicial integrity and
preventing corruption in the justice sector. Boosting judicial integrity is an integral part of the
Global Programme, as corruption in the justice system poses a real threat to confidence in the rule
of law.

Conclusion

The development of Artificial Intelligence in criminal reform systems is inevitable as it helps

tackle important issues pertaining to discrimination and bias, however, several issues may arise if not
implemented adequately. Therefore, through enhancing security in ICTs and combating the ethics of
predictive AI systems, the implementation of artificial intelligence into criminal justice systems can
occur in a smooth and unprejudiced manner. The UNODC has and continues to provide Member
States with the support needed to enforce AI in criminal reform, and will continue to do so through
the 2021-2025 Agenda.

177
Ibid.

25
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https://legaljobs.io/blog/risk-assessment/#:~:text=An%20Example%20of%20a%20Risk%20Assessment%20
Tool,-There%20are%20numerous&text=Some%20of%20the%20most%20commonly,for%20Alternative%20S
anctions%20(COMPAS).

27
 Topic 2: Improving Coordination to Combat Migrant Smuggling

Introduction
As of 2020, 281 million people, making 3.6% of the global population, do not reside in their
country of birth according to the International Organization for Migration (IOM).178 In 2020, 48.1%
of global migrants were women as per UN estimates.179 Human rights violations, migration in search
of better economic and social opportunities, and violence in one's home country are some of the
reasons behind these migration patterns. These situations leave migrants in a vulnerable position, as
they might lack the legal documents required for their travel, which therefore causes profit-seeking
criminals to exploit this situation.180 Apart from transportation, these smugglers provide falsified
passports, visas, or any other form of identification at very high costs to take advantage of migrants’
vulnerable positions.181 As a result, 6,703 people died or went missing in the process of migration in
2023 alone, as per the Missing Migrants Project.182 Many individuals seeking migration are driven by
a desperate desire to escape severe human rights violations in their home countries, compelling them
to resort to smuggling practices as a means to cross borders.183 In turn, criminals are increasingly
providing smuggling services to irregular migrants to evade national border controls, migration
regulations and visa requirements.184 Smuggled migrants constantly face threats of violence, abuse
and even death along their journeys and at their destination. Migrants, especially women, are often
victims of assault, rape, theft and extortion.185 Smuggling can occur by air, by sea, or via hazardous
overland journeys across deserts, mountains, lakes and rivers.186 When geography allows, land routes
are widely used, more than sea or air smuggling routes that generally require more resources and
organization. Systematic killings of migrants have been reported, making this a very violent illicit
trade. The reported deaths, most of them along sea smuggling routes, represent only a miniscule of
the ultimate human cost suffered by smuggled migrants.187

178
IOM, World Migration Report, 2022.
179
Orav, Anita, Migrant Women and the EU Labour Market, 2023.
180
UNODC, Migrant Smuggling- a deadly business.
181
Ibid.
182
IOM, Data, Missing Migrants Project.
183
UNODC, Migrant Smuggling- a deadly business.
184
Ibid.
185
Ibid.
186
UNODC, Migrant Smuggling Faqs, United Nations.
187
UNODC, Global Study on Smuggling of Migrants, 2018.

28
 The UN Protocol against the Smuggling of Migrants by Land, Sea, and Air defines Migrant
Smuggling as ‘the procurement, in order to obtain, directly or indirectly, a financial or other material
benefit of the illegal entry of a person into a State Party of which the person is not a national or a
permanent resident’.188 Migrant smuggling is a highly profitable and attractive business in which
criminals enjoy low risk of detection and punishment.189 Professional smuggling networks are being
established to transcend borders and regions, as migrant smugglers are becoming more and more
systematic.190 In 2021, it was estimated that the migrant smuggling industry could be worth as much
as USD 10 billion or more per year, given the fact that routes from East, North and West Africa to
Europe and from South America to North America generate about USD 6.75 billion a year for
criminals.191 Currently, data is too scattered and incomplete to paint an accurate picture of numbers
of people who are smuggled each year and the routes and methods used by those who smuggle
them.192 There remains a sizable gap in migration policy research and data, particularly in relation to
patterns and processes involved in migrant smuggling. 193
UNODC strives for the eradication of these crimes through the dismantling of the criminal
enterprises that trade in people and the conviction of the main perpetrators.194 UNODC’s work
safeguards people from the abuse, neglect, exploitation, or even death that is associated with these
crimes.195 In addition, Module 2 of the UNODC Module Laws highlights an obligation on States to
take adequate measures to afford migrants appropriate protection against violence.196 Combatting
migrant smuggling necessitates a comprehensive approach involving awareness campaigns,
capacity-building, and countermeasures against organized criminal groups.197 Thus, addressing
migrant smuggling through effective border control and the disruption of smuggling networks is
vital for upholding international human rights. 198 A specific focus on the challenges faced by women
within smuggling routes ensures a comprehensive approach to safeguarding the rights and dignity of
all migrants involved.
International Frameworks
188
UNGA, UNTOC: Protocol against the Smuggling of Migrants by Land, Sea and Air (A/RES/55/25), 2000.
189
UNODC, Migrant Smuggling- a deadly business.
190
Ibid.
191
IOM, Smuggling of Migrants, Migration Data Portal, 2021.
192
UNODC, Migrant Smuggling- a deadly business.
193
Ibid.
194
UNODC, Human Trafficking and Migrant Smuggling, United Nations : UNODC ROMENA.
195
Ibid.
196
UNODC, Module 2: Protection of the Rights of Smuggled Migrants, UNODC’s Education for Justice (E4J), 2019.
197
Ibid.
198
Ibid.

29
 The International Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families was adopted on 18 December, 1990 by General Assembly (GA) Resolution 45/158.199
The Convention entered into force in 2003 in accordance with article 87(1).200 The Convention is a
comprehensive international treaty that emphasizes the link between migration and human rights
throughout the entire migration process.201 The goal of the Convention is to better understand
global migration flows and to adopt a more comprehensive approach to migration.202 It clearly
identifies different types of migrants and creates specific terms for each respective category, and
ensures equal treatment for migrants and emphasizes recognized human rights.203 The Convention
establishes guidelines for each State party's legal code as well as its judicial and administrative
processes.204 States' governments who ratify or accede to the Convention agree to implement its
provisions by taking the required actions.205
The Protocol against the Smuggling of Migrants by Land, Sea and Air is one of the three
supplementary protocols to the UNTOC, and was adopted by resolution A/RES/55/25 on 15
November 2000 at the fifty-fifth session of the UNGA.206 The Protocol entered into force on
January 28, 2004 and is the first international agreement that defines migrant smuggling in a
universally accepted manner.207 The Protocol seeks to reduce migrant smuggling, safeguard the
rights of smuggled migrants, and eliminate the abuse that is connected to this illegal activity.208
According to Article 6 of the Protocol, Member States must make sure that the proper legislation is
created and upheld to make smuggling illegal.209 The agreement also requires State parties to take
preventive actions, such as enforcing border security, guaranteeing the legitimacy of travel papers,
and exchanging information between governments, among other measures.210 Member States who

199
OHCHR, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families.
200
Ibid.
201
OHCHR, Background to the Convention.
202
Ibid.
203
OHCHR, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
204
Ibid.
205
OHCHR, Background to the Convention.
206
Protocol against the Smuggling of Migrants by Land, Sea and Air supplementing the United Nations Convention against Transnational
Organized Crime, Special Treaty Event, 2009.
207
Ibid.
208
UNODC, The Protocol for Migrant Smuggling.
209
UNGA, UNTOC: Protocol against the Smuggling of Migrants by Land, Sea and Air (A/RES/55/25), 2000, Art. 6.
210
Ibid.

30
ratify this agreement are required to make sure that migrant smuggling is made illegal in line with the
legal provisions of the Protocol.211
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children or
the Palermo Protocol is another one of the three supplementary protocols to the UNTOC, and was
adopted on November 15, 2000 by GA resolution 55/25.212 This protocol is the first legally binding
instrument with an internationally recognized definition of human trafficking.213 In addition, the
Protocol aims to prevent and combat trafficking in persons, especially focusing on women and
children, protect and assist victims with full respect for their human rights, and foster cooperation
among States Parties to achieve these objectives.214 Parties to the Convention are required to develop
effective policies and programmes that strengthen border security, and ensure the legitimacy of travel
documents.215 State Parties shall also take measures to alleviate the factors that make people,
especially women and children, vulnerable to trafficking such as poverty, underdevelopment, and
lack of equal opportunities.216
The New York Declaration for Refugees and Migrants is a set of commitments to enhance the
protection of refugees and migrants, adopted by the UNGA on September 19, 2016.217 The
Declaration affirms the human rights of all refugees and migrants as well as their susceptibility to
exploitation and human trafficking.218 The Declaration also urges nations to cooperate regionally and
internationally in order to dismantle such criminal networks, enhance data collection and
monitoring, and provide funding for humanitarian efforts.219 Following the adoption of the New
York Declaration, the General Assembly developed a Global Compact for Safe, Orderly and Regular
Migration in 2018.220 This Global Compact is the first inter-governmental negotiated agreement that
covers all dimensions of international migration in a holistic and comprehensive manner.221 The
Global Compact is framed consistent with target 10.7 of the 2030 Agenda for Sustainable Development
and outlines the commitments of Member States to make important contributions to global
211
UNODC, The Protocol for Migrant Smuggling.
212
OHCHR, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, United
Nations.
213
Ibid.
214
Ibid.
215
Ibid.
216
Ibid.
217
UNGA, New York Declaration for Refugees and Migrants, United Nations.
218
Ibid.
219
Ibid.
220
IOM, Global Compact for Migration.
221
Ibid.

31
governance and enhance coordination on international migration to address humanitarian and
developmental issues.222

Role of the International Community

The Toolkit to Combat Smuggling of Migrants was designed by the UNODC in 2010 to aid
Member States in implementing the Palermo Protocol.223 This toolkit provides Member States with
guidelines for implementing best practices on the utilization of appropriate resources, and
combating challenges linked with migrant smuggling.224 It offers recommendations for enacting laws
and implementing penalties for violators of both national and international law.225 These
recommendations include enhancing inter-state collaboration in law enforcement and judicial
systems.226 Adding to that, the Toolkit comprises tools that aid in understanding migrant smuggling,
actors and processes, problem assessment and strategy development, international criminal justice
cooperation, law enforcement and prosecution, protection and assistance measures, prevention and
capacity building and training.227
The Global Action against Trafficking in Persons and the Smuggling of Migrants
(GLO.ACT) is a four-year (2015-2019) joint initiative by the European Union and UNODC being
implemented in partnership with the IOM and the United Nations Children’s Fund (UNICEF).228
The objective of GLO.ACT is to assist selected countries create and carry out comprehensive
national counter-trafficking and counter-smuggling strategies.229 A dual prevention and protection
approach has been adopted and includes six key responses linked to the following objectives:
Strategy and policy development, Legislative assistance, Capacity building, Regional and
trans-regional cooperation, Protection and assistance to victims of trafficking and smuggled
migrants, and Assistance and support to children among victims of trafficking and smuggled
migrants.230

222
Ibid.
223
UNODC, Toolkit to Combat Smuggling of Migrants, 2010.
224
Ibid.
225
Ibid.
226
Ibid.
227
Ibid.
228
UNODC, GLO.ACT, United Nations.
229
Ibid.
230
Ibid.

32
 With constant enhancements on data collection, UNODC established the Observatory on
Smuggling of Migrants project as part of UNODC’s Research.231 The observatory has a mission to
gather data and knowledge on migrant smuggling that is seemingly neglected.232 It also provides
informed responses with adequate information in order to prevent the smuggling of migrants,
enhance international cooperation among nations dealing with migrant smuggling, and preserve the
profound rights of existing smuggled migrants, all as per the International Smuggling of Migrants
Protocol.233 The project also published its latest updates in March of 2022, particularly in the Central
Mediterranean region, which indicates a substantial increase in migrant smuggling by routes taken in
this area.234 However, despite the existing data that shed light on the current situation on smuggling
of migrants, this project remains to lack basic information on data collection.
Additionally, The Global Study on Smuggling of Migrants of 2018, being the first Global
Study on Smuggling of Migrants from UNODC, comprises an important step towards establishing a
better, comprehensive understanding of the crimes related to migrant smuggling.235 In addition to
supporting ongoing efforts towards the Global Compact on Safe, Orderly, and Regular Migration, it
adds to UNODC's current assistance to Member States and enhances criminal justice responses.236
The study also sheds light on the constant development in patterns of crimes of migrant smuggling,
identifying the advanced ways in which smugglers tend to perform sophisticated organizational
routes, misinforming migrants about their journey.237
Moreover, the Recommended Principles and Guidelines on Human Rights at International
Borders, established by the Office of the UN High Commissioner for Human Rights (OHCHR),
also accompanied the report of the UNGA of the Secretary-General on Protection of Migrants
69/277.238 The three main principles of the Principles and Guidelines stipulate that all migrants have
the right to exercise their human rights, regardless of their immigration status, their means of
crossing the border, ethnicity, and physical appearance, secondly, the protection of migrants from
any form of discrimination that could harm them, and finally, regardless of migrants’ conditions,

231
Rezahi, Yasser. UNODC. Observatory on Smuggling of Migrants. (UNODC, 2023)
232
Ibid.
233
Ibid.
234
Ibid.
235
UNODC. Global Study on Smuggling of Migrants 2018. (UNODC, 2018)
236
Ibid.
237
Ibid.
238
OHCHR. Recommended Principles and Guidelines on Human Rights at International Borders. (OHCHR, 2015)

33
assistance and care must be provided to migrants at borders, and their fundamental access to justice.
239

Furthermore, connecting police across continents is a profound indicator of the unresolved

trails of migrant smuggling. With that, UNODC has been in full support of the International
Criminal Police Organization (INTERPOL) in locating migrant smuggling and human trafficking. 240
In Ghada Waly’s words, “Multi-agency cooperation is essential to stop migrant smugglers and
human traffickers, and rescue victims,” therefore strengthening cooperation between UNODC and
INTERPOL.241 While INTERPOL takes a more hands-on approach to law enforcement, including
sharing of data, investigation and operational assistance, and police training, the UNODC helps
nations with their legal and judicial needs, as well as provides research and technical assistance. 242
During its thirteenth session, the CCPCJ adopted resolution 30/1, which has a thematic
focus primarily on Encouraging international and multilateral cooperation to combat migrant
smuggling by implementing effective measures to counter it while safeguarding the rights of
smuggled migrants, especially women and children, and unaccompanied migrant youths.243
Additionally, the United Nations Security Council (UNSC) resolution RES/2698 was adopted in
2023.244 The UNSC permitted Member States to monitor vessels off the coast of Libya on the high
seas, where operational activities involving human trafficking or migrant smuggling are high.245 By
passing the resolution, the Council denounced all activities related to the smuggling of migrants and
the trafficking of persons across Libyan territory. 246
Furthermore, ECOSOC resolution 2014/23, titled ‘Strengthening International Cooperation
in Addressing the Smuggling of Migrants’ was adopted on 16 July 2014.247 This resolution
emphasizes the need to strengthen preventive measures, combat criminal networks, and enhance
border control management while respecting international commitments to the free movement of
people.248 This international initiative underscores the importance of promoting development
programs and cooperation at various levels to address the socioeconomic factors driving migrant

239
Ibid.
240
UNODC. UNODC Supports INTERPOL to Target Migrant Smuggling and Human Trafficking. (UNODC, 2020)
241
Ibid.
242
INTERPOL. Cooperation with United Nations entities. (INTERPOL, 2020)
243
Mabuke. CCPCJ. 2021-CCPCJ-Resolution-30-1. (UNODC, 2021)
244
United Nations. Security Council Renews Authorization to Inspect Vessels. (UN, 2023)
245
Ibid.
246
Ibid.
247
ECOSOC, Strengthening International Cooperation in Addressing the Smuggling of Migrants (E/RES/2014/23), 2014.
248
Ibid.

34
smuggling, particularly in economically and socially disadvantaged areas.249 Member States are urged
to enhance the reliable collection of data and research on smuggling networks, organized crime
involvement in countries of origin, transit, and destination, and potential links between migrant
smuggling and other criminal activities at national, regional, and international levels.250

Angle 1: Border Control and Disrupting Migrant Smuggling Networks

Migrant smuggling is defined in the UN Protocol against the Smuggling of Migrants by

Land, Sea and Air, which supplements the United Nations Convention against Transnational
Organized Crime, also known as the Migrant Protocol, as ‘the procurement, in order to obtain,
directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State
Party of which the person is not a national or a permanent resident’.251 Border security is an essential
component of mitigating migrant smuggling and migrant smuggling networks.252 The U.S-Mexico
border spans over 3000 km, with areas heavily populated by border control and others not. 253 97%
of illegal Mexican immigrants entered the United States through the country’s border, showing the
importance of land border control.254 As defined by the Migrant Protocol, strengthening border
security measures is essential to detect, deter, and prevent the illegal entry of individuals into a state
for financial gain.255 The protocol also mentions the importance of collaboration between nations in
order to dismantle migrant smuggling networks, as they often operate across multiple borders.256
Through bilateral and multilateral agreements, efforts to curb migrant smuggling increase as they are
no longer limited by territorial boundaries. 257

The Cross-Border and Migration Management Program was introduced by the IOM in 2009
with their main focus on eliminating migrant smuggling networks, and also drafting laws and rules to

249
Ibid.
250
Ibid.
251
“Migrant Smuggling Faqs,” United Nations: Office on Drugs and Crime, 2023
252
Ibid.
253
Kevin Town, “Transnational Organized Crime:Let’s Put Them out of Business,” Smuggling of migrants: the harsh
search for a better life, 2023..
254
Ibid.
255
“Protocol Against The Smuggling of Migrants by Land, Sea and Air, Supplementing The United Nations Convention
Against Transnational Organized Crime,” United Nations, 2000.
256
Ibid.
257
Ibid.

35
prosecute migrant smuggling networks.258 According to the UNODC, it is estimated that two of the
principal smuggling routes generate about $6.75 billion a year for criminals, whilst acknowledging
that the global figure is likely to be much higher.259 The reason these migrant smuggling networks are
so successful is that they have high profits with low risks of being criminally prosecuted, due to their
structure and hierarchies.260 In order to tackle these migrant smuggling networks, the hierarchical
business model they follow must be disrupted.261 These networks often charge large sums of money
taking unsafe routes, which these migrants cannot afford; furthermore, they take unsafe routes,
which results in a large number of deaths and injuries.262 According to the IOM’s Missing Migrants
Project, in 2022, more than 7,000 migrants died during migration worldwide, with more than 3,500
dying due to drowning at sea.263 The IOM also stated that the central Mediterranean route remains
one of the world’s most dangerous migration routes, whilst also being the most popular.264
The Toolkit to Combat the Smuggling of Migrants which was created by the UNODC aims
to combat the smuggling of migrants by the increase of border control efforts through capacity
265
building training. They also focus on the protection of migrants’ rights and well-being, whilst
dismantling smuggling networks.266 The toolkit provides guidelines on best practices for Member
States to combat the hierarchical nature of smuggling networks.267 The GLO.ACT gives support to
Member States on ways to combat migrant smuggling through border control efforts, tackling
migrant smuggling networks, and increasing capacity building strategies.268 It also has subsidiary
bodies for specific hotspots, with an aim to implement strategic national counter-trafficking and
counter smuggling efforts.269 The Migrant Protocol was adopted in 2000 with the aim of preventing
and combating the smuggling of migrants, whilst also protecting the rights of migrants and
promoting international cooperation among Member States. 270

258
IOM, The Smuggling of Migrants and the Role of IOM, 2012.
259
Ibid.
260
Ibid.
261
Ibid.
262
Ibid.
263
IOM, Missing Migrants Project Global Data Briefing , 2022.
264
Ibid.
265
“Protocol Against The Smuggling of Migrants by Land, Sea and Air, Supplementing The United Nations Convention
Against Transnational Organized Crime,” United Nations, 2000.
266
Ibid.
267
Ibid.
268
UNODC, “Glo.ACT - Global Action against Trafficking in Persons and the Smuggling of Migrants,” United Nations :
Office on Drugs and Crime, 2022.
269
Ibid.
270
Protocol against the Smuggling of Migrants by Land, Sea and Air supplementing the United Nations Convention against Transnational
Organized Crime, Special Treaty Event, 2009.

36
Angle 2: Women in Smuggling Routes

Gender factors significantly influence crimes associated with the smuggling of migrants.271
Most migrant smuggling victims portrayed in popular media are men.272 This, in turn, presents a
partial view of the reality behind migrant smuggling.273 One of the most crucial features of migrant
smuggling is the presence of women among migrants.274 The most troubling issue with migrant
smuggling is the dangers experienced by women along their journey, whether it is embarked by land,
sea, or air.275 Strikingly, one recent migration trend is the increase in the number of women
undertaking risky routes, unprecedented, and previously used by men, highly increases their chances
of encountering challenges along the way.276 Over 130,000 migrants and asylum seekers have been
rescued in the Mediterranean alone, according to UN figures, and over 3,000 individuals have lost
their lives trying to reach Europe by sea.277 Migrant women all over the world who tend to escape
poverty, and discrimination for a better life often place their lives in danger, as dangerous boat trips
result in their death.278 According to Afshan Khan, UNICEF Regional Director and Special
Coordinator for the Refugee and Migrant Crisis in Europe, among the deadliest sea routes migrant
women and children take include the Central Mediterranean from North Africa to Europe.279
Smugglers and traffickers, mostly target vulnerable women venturing these routes seeking safety and
a better life for them and their children.280 Secondly, due to the detention of migrant women,
particularly pregnant women, land crossings have been reported to pose a serious risk to women.281
The fact that immigration detention has become more common in Europe is troubling. In detention
centers, women are frequently detained with men who are not related to them, with minimal to no
adequate reception, imposing threats to women’s safety, health, and dignity.282 Women who gain

271
UNODC. Women in Migrant Smuggling. (UNODC, 2019)
272
Ibid.
273
Ibid.
274
Ibid.
275
IOM UN Migration. What Makes Migrants Vulnerable to Gender- Based Violence ? (IOM, 2023)
276
IOM UN Migration. Desperate Women’s Dangerous Moves. (IOM, 2014)
277
UN. Human rights protection challenges affecting migrants at sea. (OHCHR, 2014)
278
Ibid.
279
UNICEF. A deadly journey for children: The migration route from North Africa to Europe. (UNICEF, 2017)
280
Ibid.
281
Ibid.
282
Commissioner for Human Rights. Human rights of refugee and migrant women and girls need to be better protected.
(Human Rights Comments, 2016)

37
illegal entry to the country have a greater chance of being victims of trafficking, gender- based
violence (GBV), receiving inadequate medical care, and furthermore.283 Migration and gender have
interrelated components that highly contribute to one another, presenting challenges that have
dimensional impacts.284 According to the IOM, more women from the Caribbean and Central
America decide to depart on their own.285 Among the migrants from Caribbean countries, 58.9% are
women, and of those from Central America, 50.3% are also women.286 GBV, including human
trafficking, is made more dangerous by risky or irregular migration routes.287 Human traffickers
attack vulnerable migrant women and girls.288 In regards to human trafficking, 71% of all trafficked
289
victims reported worldwide are women and girls. The Secretary General Report on trafficking in
women and girls states that “The harms of trafficking are known to be more severe for women and
girls than for men and boys given the exposure of the former to specific forms of exploitation such
as sexual exploitation and violence, domestic servitude and forced marriage.”290
Migrant smuggling is exemplified by the case study of human trafficking of women in India,
shedding light on the struggles they face within smuggling routes.291 Overall, women make up the
largest proportion of trafficking victims with over 6,616 human trafficking victims identified in India
during 2022 as reported by the NCRB, with 60% of them women and girls.292 Already being a poor
country, India serves both as a source and destination for human trafficking.293 Trafficking transpires
with the attempt to deceive, under which women are used for the benefit of trafficking when
migrant smuggling is at its peak.294 Furthermore, women frequently wait for their means of
transportation for several hours or even days, regardless of the route they may take, however, with
the sea route in particular, and the lengthy process of smuggling migrants, leads to their exploitation
and trafficking.295 The Ministry of Home Affairs deals with law enforcement measures to criminalize
the trafficking of women at all costs through training, capacity building, and establishing the

283
UNODC. Women in Migrant Smuggling. (UNODC, 2019)
284
Ibid.
285
Ibid.
286
Ibid.
287
Ibid.
288
ICAT. The Gender Dimensions of Human Trafficking. (ICAT, 2017)
289
Ibid.
290
Ibid
291
Aziz, Sara. In India, Human Traffickers Target Tribal Women and Girls. (VOA, 2023)
292
Ibid.
293
Government of India. India Country Report. (UNODC, 2008)
294
UNODC, UN.GIFT. Anti-human trafficking manual for criminal justice practitioners. (UNODC, 2009)
295
Ibid.

38
Anti-Trafficking Cell (ATC).296 The ATC was provided by the UNODC, UN WOMEN, and the
Government of India's Ministry of Home Affairs; it deals with matters relating to law enforcement
response on human trafficking.297 Even though it has implemented efforts to combat trafficking of
women, the ATC lacks the basic understanding behind GBV and TIP thus increasing
trafficking.298GBV and trafficking in persons are commonly treated as separate crimes, but there are
strong intersections between them, and an incomplete understanding of their connection has led to
inadequate services for victims in South Asia.299

Conclusion

The emergence of a highly organized and profitable smuggling industry poses a significant
threat, with criminals exploiting the vulnerabilities of migrants and operating across borders.
UNODC plays a crucial role in combating these crimes through dismantling criminal enterprises and
holding criminals accountable in regards to women as well through their journey of crossing
migration routes. It emphasizes the financial motivation behind illegal entry into a state,
underscoring the importance of border security measures in mitigating the activities of migrant
smuggling networks. That is why efforts to disrupt migrant smuggling networks must continue to
ensure the safety and well-being of migrants and address this global challenge effectively. In this
pursuit, ongoing collaboration among nations and organizations remains imperative to make
meaningful progress in the fight against migrant smuggling.

296
The Ministry of Home Affairs. Anti Trafficking Cell. (The Ministry of Home Affairs, 2023)
297
The Ministry of Home Affairs. Anti Trafficking Cell. (The Ministry of Home Affairs, 2023)
298
Ibid.
299
The Asia Foundation. A Push Factor for Trafficking: Gender-Based Violence. (The Asia Foundation, 2022)

39
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