Smuggled migrants as victims? Reflecting on the UN Protocol against migrant smuggling and on its implementation

Abstract

After outlining the UN Protocol’s general approach to migrant smuggling, the paper raises the question of whether and to what extent smuggled migrants can be said to be victims of this crime. The author argues that an affirmative answer is possible in at least three different senses: smuggled migrants can be victimized by states fighting against migrant smuggling and irregular immigration (secondary victimization); but, of course, they can also be victimized by smugglers (primary victimization), in two ways: first, if smuggling is so performed as to put their lives, physical integrity or dignity at risk; secondly, smugglers also victimize migrants by profiting of their vulnerable condition, and their need to enter a foreign country, in order to gain economic benefit