The Smuggling of Migrants Protocol, adopted in 2000 and effective since 2004, is a key international legal framework aimed at combating migrant smuggling as a form of transnational organized crime. Its objectives include preventing smuggling, prosecuting offenders, protecting the rights of smuggled individuals, and fostering international cooperation. While prosecution and repression remain central to the Protocol, its balanced approach also emphasizes the importance of safeguarding migrant rights and facilitating state collaboration. This article critically examines the Protocol’s implementation, with a focus on the European Union as a case study. It explores how states have generally applied the Protocol with a predominant focus on prosecution and repression, often sidelining its objectives related to protection and cooperation. In so doing, the article demonstrates how the neglect of the Protocol’s protection objectives has exacerbated migrant vulnerabilities and often produced unintended criminogenic effects, fueling exploitative practices and sustaining demand for smuggling services. The article calls for a more balanced approach that integrates effective prosecution and prevention measures with greater emphasis on protection and international cooperation. It suggests that evidence-based policies, expanded legal migration pathways, and rights-based governance are essential to dismantling smuggling networks while safeguarding migrants. While it remains uncertain whether such a balance can fully address all challenges, prioritizing protection alongside enforcement represents a necessary step toward achieving the Protocol’s broader objectives and fostering more effective and humane migration governance.
Luigi Achilli (Mon,) studied this question.