Trafficking in persons at sea

Modern trafficking in persons often crosses borders and frequently involves maritime routes. This chapter examines the legal treatment of slavery, human trafficking, migrant smuggling and refugee protection at sea. It starts with a historical overview of the transatlantic slave trade and how slavery became a jus cogens norm. The discussion then shifts to the current legal framework, differentiating human trafficking under the Palermo Protocol from migrant smuggling. These distinctions have significant operational and legal implications, affecting criminal liability, victim protection and state responsibilities. The chapter also reviews states’ duties toward maritime asylum seekers and refugees, especially regarding non-refoulement and rescue at sea. It analyses jurisdictional gaps and enforcement challenges, particularly when vessels are stateless or flagged to uncooperative states. The complex legal landscape is shaped by the interaction of criminal law, humanitarian law and human rights obligations.