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The Investigation into Human Trafficking Crimes in Light of National and International Legislation
ÖZET

College of Law and International Relations, Bayan University, Erbil, Kurdistan, Iraq.



Anahtar Kelimeler:

ABSTRACT

Given the suffering of children born out of sexual violence in times of armed conflicts and holding them and their mothers accountable for the crimes they were not responsible for, we tried to state the importance of protection that should be provided to these kids and treat them like the rest of their peers in terms of registering the baby, providing the health care and education. We discussed this by explaining the definition of sexual violence, basic rules for protecting kids in general, and finally the international efforts to protect children born out of sexual violence. We talked about what the danger of human trafficking may have on the whole international community, as it is regarded as a crime against humanity. The study explained the human trafficking crime concepts in the national and international agreements and legislation and clarified the substantive and procedural aspects of human trafficking crime in investigation and trial stages; because of the connections they have through international cooperation in this domain under international agreements, treaties and national legislations. In addition, this study highlighted the efforts made in Iraq to fight this crime under Law No. 28 of 2012 and following the committees emanating from it in the Kurdistan regional government. The study concluded that international organizations should strive to provide the necessary protection for these children and we need more international cooperation to proceed the investigation and trial stages and secure the mechanisms and tools needed to guarantee the investigation according to the principles and skills required by the principles of a criminal investigation in this crime as crime elements are in different countries and so without cooperation, the investigation stage will not be complete. Thus, the perpetrator will remain unpunished‎‎‎.



Keywords: Human trafficking; Slave trafficking; Sexual exploitation of women and children; War crimes‎‎‎‎‎.

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How to cite:
RASHID ‎ S A H. The Investigation into Human Trafficking Crimes in Light of National and International Legislation. Journal Of Organizational Behavior Research 2020;5(1):109-23


references

Khalaf Mahmoud, A. A.Q. (2013). Definition of the crime of human trafficking in international treaties and agreements, Master Thesis, Al-Nahrain University, College of Law, Iraq.

Al-Husseini, A. (2018). Prohibition of Human Trafficking, Adam Center for Defending Rights and Freedoms, article published on the website http://ademrights.org/news522

Ahmad Al-Rasheed, A., (2000). Trafficking in Human Beings and Its Historical Development, Arab Renaissance publishing house, Cairo.

Hamdan, S., (2014). International Judicial Cooperation in Combating Trafficking in Human Beings according to the provisions of the Law on Combating Trafficking in Human Beings and International Legislations, The Jordanian Journal of Law and Political Science, Mu'tah University, 6(1), 198.

Al-Arian, M. A. (2011). Publishing Trade and Control Mechanisms (Comparative Study), New University House, Alexandria, 2011

Sharif Bassiouni, M. (2007). An Introduction to the Study of International Criminal Law, 1st floor, Al-Sharq publishing house, Cairo.

Sawsan Tamarkhan Backah, (2006). Crimes against humanity in light of the provisions of the statute of the International Criminal Court, 1st edition, Al-Halabi human rights publications, Beirut.

Sibucour, A. (2017). The crime of human trafficking and the mechanisms to combat it, Master Thesis, Faculty of Law, Kassadi Murbah University, Ouargla, Algeria.

Bibliography:

American Law issued in 2000

Bahraini Law No. 51 of 2006

Convention on the Prohibition of Trafficking in Persons and the Exploitation of Others, 1949

Egyptian Law No. 64 of 2010

Emirates Law No. 1 of 2008

European Convention on Human Rights, 1950

French law 1992

Iraqi Law No. 28 of 201

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime 2000

Supplementary Agreement on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, 1956

The Declaration on the Elimination of Violence against Women, 1991

The Forced Labor Agreement 1930

The Slavery Convention of 1926

The Universal Declaration of Human Rights, 1948

The US Penal Code is posted on the website: https://humantraffickinghotline.org/what-human-trafficking/federal-law.

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