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Dahari, Rafidah, Nor Azizan Idris, and Zarina Othman. "Influencing External Factors for Small Arms Light Weapon Smuggling at Malaysia-Thailand Border." Asian Social Science 15, no. 3 (February 28, 2019): 14. http://dx.doi.org/10.5539/ass.v15n3p14.
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End of the Cold War had contributed to the plentitude of firearms within the Southeast Asia region which led to the increase of small arms and light weapon (SALW) smuggling activity. For decades till today, most countries in this region continue to face internal armed conflicts. Malaysia strategic location, situated at the world’s busiest sea lane trades had resulted in rampant cross border crime of SALW smuggling activities. Malaysia’s strict firearms law disallows the possession of SALW without a license. In spite of such strict SALW legislations, these smugglings continues. What are the factors that contribute to the increase of SALW smuggling into Malaysia? The main objective of this article is to scrutinise the external factors that promote the increase of SALW smuggling into Malaysia. This study employs a qualitative method with primary data obtained through preliminary and formal interviews with Malaysian and Thailand security agencies, crime desk journalist, non-governmental organizations, smugglers, former separatist member, former Thai residents, informers and prisoners of SALW related. Whilst secondary data was acquired via credible research. The study found that the national factors and non-national factors have influenced the increase of SALW smuggling into Malaysia.
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Huseyn Nasirli, Narmin. "INTERNATIONAL ASPECT OF COMBATING THE CRIME OF MIGRANT SMUGGLING BY SEA." SCIENTIFIC WORK 52, no. 03 (February 28, 2020): 89–93. http://dx.doi.org/10.36719/aem/2007-2020/52/89-93.
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Elserafy, J. Shadi. "The Smuggling of Migrants across the Mediterranean Sea." East European Yearbook on Human Rights 2, no. 1 (October 2019): 94–117. http://dx.doi.org/10.5553/eeyhr/258977642019002001005.
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Haryaningsih, Sri. "Implementation of Jagoi Babang Cross-Border Postal Policy in Arrangement of Cross-Border Trading Between Indonesia-Malaysia." 11th GLOBAL CONFERENCE ON BUSINESS AND SOCIAL SCIENCES 11, no. 1 (December 9, 2020): 157. http://dx.doi.org/10.35609/gcbssproceeding.2020.11(157).
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Border areas, whether land or sea, are vunerable smuggling activities, such as changing territorial boundaries, smuggling of basic necessities, illegal labour, smuggling drugs, smuggling vehicles and so on. These goods entered Indonesian territory through the Jagoi Babang land border illegally, so they are known as smuggling crime. Based on data Customs and Excise Supervision Service Official (KPPBC) Type Madya Pabean B Pontianak that on 2019 there have been 338 cases of smuggling in the land border area Jagoi Babang, Bengkayang Regency. The smuggling crime committed by unscrupulous members of the community area of Jagoi Babang can actually be subject to criminal sanctions to accordance with the provisions of Law Number 17/ 2006 concerning Amendments to Law Number 10/1995 concerning Customs, but in reality none the perpetrator of the smuggling crime is subject to criminal sanctions. The research approach used is qualitative, using data collection methods in the form of interviews, observations, and Focus Group Discussion (FGD) supported by interviews with the theoretical approach to the policy implementation model of Donald Van Meter and Carl Van Horn (1975: 75). Research results, it can be seen that the implementation of cross-border trade policies has not been carried out optimally. Among them, the smuggling is increasing in various forms, both physically and administratively. Keywords: Policy Implementation, cross border trading, smuggling
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Pullat, Raimo, and Risto Pullat. "The Vodka Sea: Comparative History of Spirits Smuggling in the Baltic Sea." Journal of Scandinavian Studies in Criminology and Crime Prevention 13, no. 1 (May 2012): 64–73. http://dx.doi.org/10.1080/14043858.2012.670471.
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Prayuda, Rendi, Tulus Warsito, and Surwandono Surwandono. "Narcotics Smuggling Routes in the Southeast Asia Region (Case Study in the Riau Province, Indonesia)." Security Dimensions 30, no. 30 (June 28, 2019): 116–33. http://dx.doi.org/10.5604/01.3001.0013.7799.
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Purpose: This paper describes narcotics smuggling routes in the Southeast Asia region, with a special focus on the case of the Riau Province, Indonesia). Southeast Asia occupies the area of 4,4 million square kilometers. The populations of ASEAN has increased from 563.7 million in 2006 to 631.8 million in 2015 at a rate of 1,14% per annum. The population growth in Southeast Asia has impacted the increased use of drugs. The Golden Triangle, i.e. the territory where the borders of Myanmar, Laos and Thailand meet, is a hub for narcotics smuggling. Riau Province is one of gates for narcotics smuggling from other states in Southeast Asia to Indonesia. Method: The paper uses qualitative methods with accompanying descriptions. The theories applied in this paper are realism approach together with international security concept, human security, and narcotics smuggling. Findings: Narcotics smuggling routes in the Riau Province, Indonesia run along unofficial port lines along the coastline. Some regencies that participate in narcotic smuggling are Bengkalis, Dumai, Meranti, Rokan Hilir and Indragiri Hilir Regency. Narcotics smugglers use sea lanes and fishing boats, and act at night to trick patrol officers in the border region.
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Sfyridis, A., T. Cheng, and M. Vespe. "DETECTING VESSELS CARRYING MIGRANTS USING MACHINE LEARNING." ISPRS Annals of Photogrammetry, Remote Sensing and Spatial Information Sciences IV-4/W2 (October 19, 2017): 53–60. http://dx.doi.org/10.5194/isprs-annals-iv-4-w2-53-2017.
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Political instability, conflicts and inequalities result into significant flows of people worldwide, moving to different countries in search of a better life, safety or to be reunited with their families. Irregular crossings into Europe via sea routes, despite not being new, have recently increased together with the loss of lives of people in the attempt to reach EU shores. This highlights the need to find ways to improve the understanding of what is happening at sea. This paper, intends to expand the knowledge available on practices among smugglers and contribute to early warning and maritime situational awareness. By identifying smuggling techniques and based on anomaly detection methods, behaviours of interest are modelled and one class support vector machines are used to classify unlabelled data and detect potential smuggling vessels. Nine vessels are identified as potentially carrying irregular migrants and refugees. Though, further inspection of the results highlights possible misclassifications caused by data gaps and limited knowledge on smuggling tactics. Accepted classifications are considered subject to further investigation by the authorities.
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SCHLOENHARDT, Andreas, and Hamish MACDONALD. "Barriers to Ratification of the United Nations Protocol Against the Smuggling of Migrants." Asian Journal of International Law 7, no. 1 (October 28, 2015): 13–38. http://dx.doi.org/10.1017/s2044251315000211.
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AbstractThe United Nations Protocol Against the Smuggling of Migrants by Land, Sea and Air sets out an ambitious international approach to prevent and combat the smuggling of migrants. Although the Protocol has found widespread adoption worldwide, many countries have not—or not yet—signed and ratified the Protocol. Many critics argue that the Protocol promotes the views of rich, developed destination countries and offers little incentives for developing countries of origin to support the Protocol. This paper examines the reasons why some countries choose not to ratify the Protocol. The paper sheds light on the common concerns and characteristics of the forty-five non-Party States in order to pave the way for wider adoption of the Protocol and for more concerted efforts to combat the smuggling of migrants worldwide.
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Prayuda, Rendi. "Kejahatan Transnasional Terorganisir di Wilayah Perbatasan: Studi Modus Operandi Penyelundupan Narkotika Riau dan Malaysia." Andalas Journal of International Studies (AJIS) 9, no. 1 (May 30, 2020): 34. http://dx.doi.org/10.25077/ajis.9.1.34-47.2020.
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The transformation of issues in international politics has led to a shift from traditional security issues (war and military) to non-traditional security issues (human security). One form of non-traditional security threat is the transnational crime activity of narcotics smuggling in Southeast Asia. The Southeast Asian region has an area of around 4.4 million KM2 and is known as the "Golden Triangle" narcotics production area on the border of Thailand, Laos, and Myanmar. One of the destination countries for smuggling narcotics in the Southeast Asian region is Indonesia and Riau Province is one of the gateways for the illegal entry of narcotics from other countries, especially Malaysia. This paper aims to analyze the modus operandi of transnational crime in narcotics smuggling in the border regions of Riau and Malaysia. This paper uses a qualitative method using interviews with research informants. The results of this study indicate that the modus operandi of narcotics smuggling in the border regions of Indonesia and Malaysia is carried out by sea along the coastline of the border provinces of Riau and Malaysia. Narcotics are neatly wrapped and installed GPS devices then smuggled at night by using the services of fishermen as a courier. This seawater smuggling route was chosen due to several factors, namely: the proximity of the territorial waters, the number of unofficial or illegal ports, the lack of surveillance patrols along the water area and the professionalism of law enforcement officers in the border region. The transformation of issues in international politics has led to a shift from traditional security issues (war and military) to non-traditional security issues (human security). One form of non-traditional security threat is the transnational crime activity of narcotics smuggling in Southeast Asia. The Southeast Asian region has an area of around 4.4 million KM2 and is known as the "Golden Triangle" narcotics production area on the border of Thailand, Laos, and Myanmar. One of the destination countries for smuggling narcotics in the Southeast Asian region is Indonesia and Riau Province is one of the gateways for the illegal entry of narcotics from other countries, especially Malaysia. This paper aims to analyze the modus operandi of transnational crime in narcotics smuggling in the border regions of Riau and Malaysia. This paper uses a qualitative method using interviews with research informants. The results of this study indicate that the modus operandi of narcotics smuggling in the border regions of Indonesia and Malaysia is carried out by sea along the coastline of the border provinces of Riau and Malaysia. Narcotics are neatly wrapped and installed GPS devices then smuggled at night by using the services of fishermen as a courier. This seawater smuggling route was chosen due to several factors, namely: the proximity of the territorial waters, the number of unofficial or illegal ports, the lack of surveillance patrols along the water area and the professionalism of law enforcement officers in the border region.
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Anggoro, Rully Tri. "EFFECT OF OPERATING PATTERNS ON THE EFFECTIVENESS OF LAW ENFORCEMENT IN THE SEA." JOURNAL ASRO 10, no. 3 (October 31, 2019): 147. http://dx.doi.org/10.37875/asro.v10i3.175.
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Indonesian Navy as a Security Task Force at Sea tasked with arranging marine security operations seeks to reduce the crime rate at sea. However, in carrying out marine operations there are still many illegal fishing, illegal logging, pollution, narcotics smuggling, piracy, people smuggling and sea accidents at various points in the sea. Koarmada II. Koarmada II in supporting the demand for operations that are under the command of its control, will be adjusted to the readiness of the existing elements, because not all elements below are in a condition ready for operation, there are several elements that must carry out maintenance and repair. Therefore we need the right operating pattern strategy in increasing the effectiveness of law enforcement at sea. The purpose of this research is to find out the right Indonesian Navy Operation Pattern in increasing the effectiveness of law enforcement at sea and the effect of the Operational Pattern on the effectiveness of sea law enforcement carried out by Indonesian Navy. Using the multiple regression analysis method, the results show that the Indonesian Navy Operational Pattern consisting of Patrol Operation Pattern (X1), Standby Operating Pattern (X2) and Air Maritime Patrol Operation Pattern (X3) has a real influence on the effectiveness of law enforcement at sea (Y ). The Air Maritime Patrol Operation Pattern (X3) has the greatest coefficient in influencing the Effectiveness Level of law enforcement at sea due to the use of the Air Maritime Patrol Operation Pattern so that it can explore the area very efficiently and effectively, thereby increasing opportunities to find violations of Law at sea.Keywords: Operational Patterns, Effectiveness of Law Enforcement, Multiple Regression analysis.
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Pérot, Bertrand, Cédric Carasco, Cyrille Eléon, Sébastien Bernard, Alix Sardet, Wassila El Kanawati, Clément Deyglun, et al. "Sea container inspection with tagged neutrons." EPJ Nuclear Sciences & Technologies 7 (2021): 6. http://dx.doi.org/10.1051/epjn/2021004.
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Neutron inspection of sea-going cargo containers has been widely studied in the past 20 yr to non-intrusively detect terrorist threats, like explosives or Special Nuclear Materials (SNM), and illicit goods, like narcotics or smuggling materials. Fast 14 MeV neutrons are produced by a portable generator with the t(d, n)α fusion reaction, and tagged in both direction and time thanks to the alpha particle detection. This Associated Particle Technique (APT) allows focusing inspection on specific areas of interest in the containers, previously identified as containing suspicious items with X-ray radiographic scanners or radiation portal monitors. We describe the principle of APT for non-nuclear material identification, and for nuclear material detection, then we provide illustrations of the performances for 10 min inspections with significant quantities (kilograms) of explosives, illicit drugs, or SNM, in different cargo cover loads (e.g. metallic, organic, or ceramic matrices).
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Kuzmin, Yury A. "MIGRANTS AS POTENTIAL VICTIMS OF CRIME: VICTIMOLOGICAL ASPECT." Oeconomia et Jus, no. 1 (March 26, 2021): 52–59. http://dx.doi.org/10.47026/2499-9636-2021-1-52-59.
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The problem of preventing crime against migrants is updated. The urgency of issues related to preventing crimes against migrants as the main factor of criminality prevention in general is substantiated. The relevance of the topic is caused by the fact that in modern conditions, the attitude to migrants in accordance with the norms of international law is equally ambivalent. Migrants are exposed to numerous risks of victimization, and many of them suffer from victimization – sometimes repeatedly, and sometimes even systematically. Such risks of victimization can be classified together with their individual background of emigration and immigration. The two main types of criminal behaviour that is of interest to criminal policy – human trafficking and human smuggling – are addressed in the two Amendment Protocols to the UN Convention against Transnational Organized Crime (Palermo Convention): the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and the Protocol against the Smuggling of Migrants by Land, Sea and Air. In the latter document, migrants are perceived as offenders, not as victims, especially in legal treatment of smuggling. This is justified by the fact that migrants represent a demand for smuggling services, and this demand is considered the main incentive for this branch of organized crime, including transnational one. However, current legal situation – both the international legal framework and the legal provisions applied in the main jurisdictions – does not reflect the victimological reality of migration. The distinction between human trafficking and people smuggling (trafficking) creates a significant gap in the treatment of victims. The same is true of public, political and academic discussions that tend to ignore the reality of migration, which is characterized by the fact that not only victims of trafficking, but migrants in general, are clearly vulnerable and are at multiple risks of victimization. The problem of preventing crime against migrants is that it is hardly possible to justify a politically motivated dividing victims of criminal acts into two groups (trafficking in persons and smuggling of migrants) in order to achieve two different standards of protection, especially in light of the enormous risks of victimization to which all migrants are exposed.
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Basaran, Tugba. "Saving Lives at Sea: Security, Law and Adverse Effects." European Journal of Migration and Law 16, no. 3 (October 16, 2014): 365–87. http://dx.doi.org/10.1163/15718166-12342061.
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In the wake of recent shipwrecks at the Strait of Sicily, the European Union and its Member States have come under renewed pressure to address rescue at sea. Saving lives at sea is not simply a question of enhancing eu rescue efforts, however, but requires eliminating third party sanctions that significantly impede the proper functioning of the international rescue regime. This article focuses on anti-smuggling laws and related instruments and their thorny relation to humanitarian acts. To improve rescue efforts at sea, as a first step all humanitarian acts need to be exempted from criminal sanctions (including the eu Directive 2002/90/ec). This needs to be accompanied by efforts to desecuritize rescue, separating rescue from border security concerns.
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Camarena, Kara Ross, Sarah Claudy, Jijun Wang, and Austin L. Wright. "Political and environmental risks influence migration and human smuggling across the Mediterranean Sea." PLOS ONE 15, no. 7 (July 31, 2020): e0236646. http://dx.doi.org/10.1371/journal.pone.0236646.
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Lestari, Siska Nurazizah, and Nara Setya Wiratama. "The Dark Side of the Lasem Maritime Industry: Chinese Power in Opium Business in the XIX Century." Journal of Maritime Studies and National Integration 2, no. 2 (February 1, 2019): 91. http://dx.doi.org/10.14710/jmsni.v2i2.3858.
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Some of the issues discussed in this article are the shipyard industry development at Lasem, and revealing the factors of Chinese traders conducted smuggling by sea. This study shows the dark side of the maritime industry found in Lasem mainly related to Chinese power in the opium business, XIX century. These problems analyzes with critical historical methods which consist of four stages, including a) heuristics, seeking and collecting historical sources, both primary and secondary sources; b) source criticism, the process carried out to test the authenticity and credibility of the source; c) interpretations, interpret and compile facts from one another; d) historiography, the process of rewriting historical events. According to the results, there was a concentration of Chinese residences during the colonial period. Lasem’s Chinese settlements (Chinatown) had rapid growth after the migration of Chinese and the Chinese massacre as known as Geger, Pecinan. To maintain its existence, the Chinese in Lasem initiated the opium business, developed in the nineteenth century by sea. The presence of the Lasem River also strengthened this finding, became the lifeblood of economic activity in the past. The Lasem River also connects the hinterland with the coastal area, so it has a negative impact mainly related to the smuggling of opium.
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Cusumano, Eugenio. "Migrant rescue as organized hypocrisy: EU maritime missions offshore Libya between humanitarianism and border control." Cooperation and Conflict 54, no. 1 (June 6, 2018): 3–24. http://dx.doi.org/10.1177/0010836718780175.
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In November 2014, Frontex started its Southern Mediterranean border monitoring operation Triton, followed in June 2015 by the Common Security and Defence Policy anti-smuggling mission EU Naval Force Mediterranean (EUNAVFOR Med) ‘Sophia’. Both operations’ outward communication has placed considerable emphasis on the conduct of maritime search and rescue. Still, this commitment was not matched by consistent action. Triton and EUNAVFOR Med have conducted a relatively limited number of search and rescue operations, prioritizing border control and anti-smuggling tasks. This article explains the gap between the European Union missions’ humanitarian rhetoric and an operational conduct primarily focusing on curbing irregular migration as a form of organized hypocrisy. Decoupling talk and action allowed Triton and EUNAVFOR Med to reconcile the conflicting expectations arising from European governments’ willingness to reduce migrant arrivals and the normative imperative to act against the loss of life at sea. However, the European Union missions’ organized hypocrisy had several negative externalities, hindering effective management of the humanitarian crisis offshore Libya.
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Hidayah, Zainul. "THE IMPORTANCE AND UTILIZATION OF BIG DATA FOR INDONESIAN MARITIME INFORMATION." JOURNAL ASRO 11, no. 04 (December 14, 2020): 61. http://dx.doi.org/10.37875/asro.v11i04.368.
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Sea transportation mode is still the favourite in the business world because of its high carrying capacity (capacity) and more competitive costs compared to other modes of transportation. As a country that has a vast marine area, Indonesia certainly has many problems related to its marine area. Indonesia faces various potential trans-national crimes that usually occur at sea such as illegal fishing, smuggling of goods, drugs and human, terrorism and piracy. Based on the complex conditions of the potential problems that arise in the maritime sector, all stakeholders and law enforcement officers at sea need integrated maritime information management to support their duties in maintaining security in Indonesia's waters. Therefore, it is hoped that the use big data of maritime information will be able to help stake holders involved in overcoming these problems.
Keywords : big data analysis, sea transportation, maritime information; Indonesian water
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Koka, Enkelejda, and Denard Veshi. "Irregular Migration by Sea: Interception and Rescue Interventions in Light of International Law and the EU Sea Borders Regulation." European Journal of Migration and Law 21, no. 1 (February 26, 2019): 26–52. http://dx.doi.org/10.1163/15718166-12340041.
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Abstract Since 2011, due to the Syrian civil war, Libya’s institutional breakdown and Eritrea’s political unrest, record high numbers of irregular migrants have been arriving at the EU’s south-eastern external borders, publicly known as the ‘Europe’s refugee crisis’. The most pressurised borders have been those of Greece and Italy. The human smuggler’s ‘organised refugee’ strategy has identified various legal issues resulting from the application of parallel legal frameworks both at regional and at international level. The EU Member States’ policy-making response to human smuggling has created loopholes through conflicting interpretations of the international legal framework on search and rescue and the inconsistent application of human rights law. Hence, this article will argue that although the International Convention on Maritime Search and Rescue (SAR) and the EU Sea Borders Regulation purportedly adopted to set out clear rules on when to initiate search and rescue, have not addressed the issue of responsibility for and the consequences of failed rescue scenarios by inactive SAR States; thereby creating a gap in the legal framework on State responsibility for negligent or intentional failed rescues.
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Rabani, La Ode. "Penyelundupan dan Terbentuknya Kawasan Ekonomi Maritim Wakatobi Tahun 1980-an." Lembaran Sejarah 12, no. 2 (February 27, 2018): 132. http://dx.doi.org/10.22146/lembaran-sejarah.33463.
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This paper explains three important factors that affected the history of Wakatobi economic area shifting in Southeast Sulawesi.First, global market commodities such as duralex, bicycles, motorbikes, mechanized boats were easier to find and came earlier in this area than other regions.Second, illegal trading (smuggling) was likely to happen because of the lax of authorities in guarding its sea areas between 1950’s-1990’s.Third, the capital accumulation in this area pushed the improvement of the economic infrastuctures that lead to market expansion to Eastern Indonesia.
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Brolan, C. "An Analysis of the Human Smuggling Trade and the Protocol Against the Smuggling of Migrants by Land, Air and Sea (2000) from a Refugee Protection Perspective." International Journal of Refugee Law 14, no. 4 (October 1, 2002): 561–96. http://dx.doi.org/10.1093/ijrl/14.4.561.
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Coppens, Jasmine. "Migrant Smuggling by Sea: Tackling Practical Problems by Applying a High-level Inter-agency Approach." Ocean Yearbook Online 27, no. 1 (January 1, 2013): 323–57. http://dx.doi.org/10.1163/22116001-90000164.
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Pastore, Ferruccio, Paola Monzini, and Giuseppe Sciortino. "Schengen's Soft Underbelly? Irregular Migration and Human Smuggling across Land and Sea Borders to Italy." International Migration 44, no. 4 (September 22, 2006): 95–119. http://dx.doi.org/10.1111/j.1468-2435.2006.00381.x.
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Albahari, Maurizio. "From Right to Permission: Asylum, Mediterranean Migrations, and Europe’s War on Smuggling." Journal on Migration and Human Security 6, no. 2 (June 2018): 121–30. http://dx.doi.org/10.1177/2331502418767088.
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The European Union (EU) and its member states have sought to curb unauthorized maritime migrant arrivals through a proactive combination of deterrence, intelligence, surveillance, anti-smuggling activities, border enforcement, and policing and readmission collaboration with Turkey, Libya, and Libya’s African neighbors. Through these actions, the right to seek asylum is being de facto transformed into a state-granted permission to seek asylum. Containment policies ensure that one cannot ask for sovereign permission without first paying smugglers. In support of their policies, EU and national authorities widely use an anti-smuggling discourse that focuses on the ruthlessness of smugglers and the passive victimhood of migrants, including asylum seekers and refugees. This rhetoric aligns itself with what is perceived to be politically palatable, and it contributes to preserving a volatile status quo. EU and national policies have failed to significantly curb maritime arrivals. Migrants face worsened conditions on Libyan soil, and death at sea. In recent memory, 2011 was seen as the deadliest year on record for Mediterranean migrations, only to be surpassed first by 2014 and then by 2016. During 2017, at least 3,119 persons died or went missing in the Mediterranean Sea ( UNHCR 2017b ). Deterrence, containment, and the related war on smuggling prove ineffective and do not justify such a heavy cost. They quell the outrage cyclically generated by powerful images of Mediterranean carnage, even as they fail to mitigate the carnage itself. European and other liberal-democratic governments can act in more pragmatic, just, and dignified ways, including by attending to migrant agency and to local civic engagements. Provisions for family reunification, refugee resettlement, study visas, and temporary protection should be enhanced. More ambitiously, governments need to reverse the very policies that eviscerate the right to seek asylum. In addition, labor immigration quotas should be set that go beyond attracting skilled “talent” and seasonal workers, to reflect the demands of the job market and of Europe’s ageing societies, while protecting worker rights. Such measures would lessen unauthorized arrivals and the demand for smugglers, ease asylum workloads, and challenge nativist arguments. There is always a political market for effective policies such as these, but until European authorities begin to reject easy resort to tropes of ruthless smuggler criminality, that market will remain disturbingly untapped.
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Papastavridis, Efthymios. "Enforcement Jurisdiction in the Mediterranean Sea: Illicit Activities and the Rule of Law on the High Seas." International Journal of Marine and Coastal Law 25, no. 4 (2010): 569–99. http://dx.doi.org/10.1163/157180810x527933.
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AbstractThe question of jurisdiction over illicit activities in the Mediterranean Sea is the focus of the present article. It is posited that enhancement of the ordre public and the rule of law in the Mediterranean requires the prior establishment of precise, foreseeable and accessible domestic laws, as well as of the requisite jurisdictional nexus between the forum State and the illicit activity. Accordingly, the issue of legislative and enforcement jurisdiction over such activities, such as the smuggling of migrants, drug trafficking and international terrorism will be canvassed. These activities and the threats they pose for the security and the public order of the States bordering the Mediterranean Sea loom large in the current discourse over enforcement action in the region. However, the centre of attention has mainly been enforcement as such, and not the need for prior establishment of enforcement jurisdiction.
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Gestri, Marco. "EUNAVFOR MED: FIGHTING MIGRANT SMUGGLING UNDER UN SECURITY COUNCIL RESOLUTION 2240 (2015)." Italian Yearbook of International Law Online 25, no. 1 (October 18, 2016): 19–54. http://dx.doi.org/10.1163/22116133-90000106a.
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To face the extraordinary migration crisis and consequent human tragedy in the Mediterranean, the need has emerged to fight human smugglers and traffickers. The European Union (EU) has launched EUNAVFOR MED, a naval crisis management operation aiming to disrupt the business model of human smuggling in the Central Mediterranean. With Resolution 2240 of 9 October 2015, the UN Security Council, acting under Chapter VII of the Charter, authorised the EU operation to undertake “all measures commensurate to the circumstances” in order to visit, seize, and dispose of vessels used by smugglers. The EU operation is currently limited to the high seas, yet its expansion into Libyan waters and territory is envisaged. This article discusses some issues arising from Resolution 2240 and its implementation by the EU, notably from the viewpoint of the international law of the sea, the rules governing the use of force and human rights law. Problems have also emerged as to the prosecution in Italy of the smugglers apprehended on the high seas. It is submitted that a number of issues have not been clarified by the legal texts adopted and that the action of the EU in this field is still ineffective and rather opaque.
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Butler, Graham, and Martin Ratcovich. "Operation Sophia in Uncharted Waters: European and International Law Challenges for the eu Naval Mission in the Mediterranean Sea." Nordic Journal of International Law 85, no. 3 (July 13, 2016): 235–59. http://dx.doi.org/10.1163/15718107-08503003.
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This article addresses the main legal challenges facing the European Union (eu) Naval Force, eunavfor Med (‘Operation Sophia’), established in 2015, to disrupt human smuggling and trafficking activities in the Mediterranean Sea. It examines a number of legal issues that have given rise to scepticism on the viability of this type of operation, ranging from challenges under European Union law regarding mandate and oversight, to complex questions of compliance with international law. Forcible measures may be at variance with the international law of the sea, binding on the eu and its Member States alike. Even if such strictures can be avoided by a broad United Nations mandate and/or the consent of the neighbouring government(s), international refugee law and international human rights law provide limitations on the measures that Operation Sophia will be tasked with. Different avenues will be explored to ensure the Operation’s compliance with these different legal regimes.
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Schloenhardt, Andreas, and Jessica E. Dale. "Twelve years on: revisiting the UN Protocol Against the Smuggling of Migrants by Land, Sea and Air." Zeitschrift für öffentliches Recht 67, no. 1 (February 18, 2012): 129–56. http://dx.doi.org/10.1007/s00708-012-0126-6.
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Salvadego, Laura. "The Respect for Fundamental Human Rights in the Fight against Human Trafficking and Migrant Smuggling across the Central Mediterranean Sea." Brill Research Perspectives in Transnational Crime 1, no. 4 (August 27, 2017): 1–118. http://dx.doi.org/10.1163/24680931-12340009.
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AbstractThis study analyzes counter-smuggling and counter-trafficking operations carried out in the Mediterranean, mainly focusing on the EU operations Sophia and Themis. The purpose is to assess a number of issues linked with naval operations from a human rights perspective. These issues include the applicable law, the exercise of criminal jurisdiction over smugglers and traffickers, national strategies of coastal States as regards migration control policy and, finally, international responsibility for human rights violations perpetrated in connection with these operations. Although the study is primarily aimed at both Ph.D students and legal scholars specialized in the field, it also seeks to provide insights that may be of guidance to NGOs, legal practitioners and legislators within the EU and its Member States.
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Hadju, Zainal Abdul Aziz. "Analisis UNCLOS 1982 Terkait Permasalahan Yurisdiksi Negara dan Penegakan Hukum Atas Kapal Berbendera Negara Asing." SASI 27, no. 1 (March 25, 2021): 12. http://dx.doi.org/10.47268/sasi.v27i1.254.
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International Law has reign most interactions between States in the sea. The practice of illegal transshipment is a serious issue as it falls within both theft mode and smuggling through the transfer of cargo from one ship to another that occurs at sea. Including a crime which committed in the territory of one state but involving parties from another state or more. Law enforcement is a major concern when an offence of some kind of illegal transshipment occurs. The study aims to determine the jurisdiction of states in enforcing laws including in criminal matters that occurred over its sea where the country has sovereign rights, especially when the involvement of 3rd states party in the law enforcement on a ship which not entered into its territory, yet indicately committed a violation of the law in some states water area, this paper also study how the responsibility of 3rd states party towards of flag states of ships who feel harmed. This article was written using normative research methods with a statutory. Historical and conceptual approach explaining efforts from international organizations in resolving the issues of accountability of countries involved in the problem of Illegal Transshipment at sea in the 1982 UNCLOS perspective especially the process of law enforcement and dispute resolution by the International Tribunal for the Law of The Sea (ITLOS).
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Joor, Johan. "The Dutch North Sea fishery in times of trouble and turmoil, 1806-1813." International Journal of Maritime History 33, no. 2 (May 2021): 307–21. http://dx.doi.org/10.1177/08438714211013558.
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The Napoleonic years in Holland, 1806–1813, were a time of trouble and turmoil. The Dutch republican polity was ended when Napoleon proclaimed his younger brother Louis King of Holland in June 1806. In 1810, Holland even ceased to exist as an independent state, when it was incorporated in the French Empire. The Dutch also suffered a severe economic crisis after 1806, as a result of the Continental Blockade. Notwithstanding a series of regulations and a variety of offices charged with implementing them, the enforcement of the Blockade remained imperfect. Smuggling flourished, with Dutch North Sea fishermen, facilitated by the relatively mild stance of the British Navy, playing an important role. Police files, some recently rediscovered, demonstrate that their role was even more substantial when it came to the illegal transport of passengers and mail. Dutch North Sea fishermen, who dominated the illicit conveyance of travellers and correspondence, mainly lived near Rotterdam and the Meuse estuary. As well as goods and raw materials, they conveyed information and served as mediators in commercial networks. The proximity of these fishermen boosted the strategic advantage of local merchants and thereby contributed to the resilience of Rotterdam in this time of crisis.
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Yudha, Donan Satria, Fidelis Triki Sadewa Aritona, and Rury Eprilurahman. "Characteristics of Shell Bone as an Identification Tool for Turtle Species (Reptiles: Testudines) in Java, Borneo, and Sumatra." Journal of Tropical Biodiversity and Biotechnology 5, no. 1 (April 14, 2020): 35. http://dx.doi.org/10.22146/jtbb.47227.
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There are 42 species of turtles; including sea turtle, freshwater turtle, tortoise, and softshell turtle (Reptilia: Testudines) living in Indonesia today. Turtles have economic values for quite a long time and it has led to illegal trade such as smuggling of carapace and plastron bones. Identification is needed to find out more details about the turtle species. Turtles have shells as unique features with different characteristics on each species. Shell’s identification usually relies on the shape of carapace and plastron. The purpose of this research is to understand turtle shell morphological characters and determine the diagnostic characters of each species. We conducted visual observation on specimen collections from the Laboratory of Animal Systematics, Faculty of Biology, Universitas Gadjah Mada and Museum of Biology, Faculty of Biology, Universitas Gadjah Mada. The result shows that each turtle species have their own unique shell bone’s characters, therefore it can be used to determine each turtle species of Indonesia.
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Papastavridis, Efthymios. "II. EUROPEAN COURT OF HUMAN RIGHTS MEDVEDYEV ET AL V FRANCE (GRAND CHAMBER, APPLICATION NO 3394/03) JUDGMENT OF 29 MARCH 2010." International and Comparative Law Quarterly 59, no. 3 (July 2010): 867–82. http://dx.doi.org/10.1017/s0020589310000345.
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On 29 March 2010, the European Court of Human Rights (ECtHR), sitting as a Grand Chamber, delivered its Judgment in the Medvedyev v France case, which involved the interdiction and the exercise of enforcement jurisdiction over a drug smuggling vessel on the high seas. The case was referred by both the applicants and the Respondent State to the Grand Chamber, following the Judgment of a Chamber of the Fifth Section of the Court, on 10 July 2008. The Grand Chamber accepted this referral and the public hearing took place on 6 May 2009. This decision is of considerable importance as one of the very few decisions of the Strasbourg Court which has touched upon issues pertaining to the law of the sea, let alone to interdiction of vessels on the high seas, and the only case to have found a violation of the Convention on the part of the interdicting State, namely France.
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Pérez Morales, Edgardo. "Manumission on the Land: Slaves, Masters, and Magistrates in Eighteenth-Century Mompox (Colombia)." Law and History Review 35, no. 2 (May 2017): 511–43. http://dx.doi.org/10.1017/s0738248017000050.
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In the mid-1700s, the town of Mompox flourished in the Spanish viceroyalty of the New Kingdom of Granada, today part of the Republic of Colombia. Built on the banks of the northern Magdalena River, an important waterway connecting the Andean interior with the Caribbean Sea, Mompox constantly buzzed with travelers and trade alike. Mompox was home to a community of merchants who profited handsomely from both legal trade and smuggling, their networks reaching places as far away as Lima in Peru and Cádiz in Spain. These merchants were frequently also slaveholders and landowners. On haciendas outside of town, slaves cultivated the land and tended large herds of cattle. They gathered wood and resins and hunted for game and jaguars (panthera onca) that preyed on livestock. Along with free people of color, slaves also worked as artisans, journeymen, and oarsmen on boats transporting goods and people up and down the river (see Figure 1).
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Ćosić, Ivana, and Pavao Komadina. "Uloga Hrvatske obalne straže u prevenciji krijumčarenja i trgovanja ljudima s aspekta nadzora državnih granica i pomorskih migracija." Naše more 65, no. 2 (June 2018): 130–34. http://dx.doi.org/10.17818/nm/2018/2.9.
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MAISAIA, Vakhtang, and Salome KARELI. "‘THREE SEAS’ AREA PAN-REGIONAL SECURITY PROVISIONS AND ITS GEOPOLITICAL CONSEQUENCES – SECURITY DILEMMA VS. SECURITY DEADLOCK." Ante Portas - Studia nad bezpieczeństwem 2(13)/2019, no. 2(13)/2019 (2019): 63–77. http://dx.doi.org/10.33674/201911.
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The geostrategic area that generally could be labelled as the ‘Three Seas’(TSI) pan-region (Baltic Sea-Adriatic Sea-Black Sea geostrategic space) has already been described as a hotspot and as an unstable zone caused by interference of not only global but also regional hegemon powers. The main cause of instability by the global power actors is defined as being described as a ’New Cold War’ game where Eastern and Central Europe as well as the Black Sea zone are becoming a new geostrategic ‘Rimland’ for the game. The area is the primary sphere of major interests for political regional organizations, including the EU and NATO, with increasing importance of the area from a geostrategic standpoint. The instability clause is being inspired by new challenges – violent non-state actors (like DAESH, Al-Qaida, etc.), black transit transactions (drug and arms smuggling), all types of terrorist entities, separatism war-gamers, low intensified conflicts, violent human rights violations, etc. All of these factors lead toward the emergence of a hybrid warfare concept r in regional security stability. Asymmetric challenges imposed by hybrid warfare initiators caused more. Unfortunately all these new challenges cause the development of new types of security infringement with involvement of non-state actors in regional geopolitics can be newly identified as ‘National Security Deadlock’ – political ruleship of the country and special conditions of political condition when any decision taken by the political leadership more increases risks occasion from internal as well as external origins. The jargon introduced and invented by the author of the abstract, namely linked with the situation in the geostrategic area, including the Caucasus region. even actors of international security systems also inflame the situation in the region and reach up to a level of security dilemma. Hence, two security challenges are competing at the area and causing the most dangerous situation on the spot.
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Supartono, Supartono, Joko Purnomo, Bambang Ispri Bandono, and Habiby Achmad. "SELECTION OF KOARMADA III PATROLING SHIP IN NORTH MALUKU SEA USING ANALYTIC NETWORK PROCESS METHOD." JOURNAL ASRO 11, no. 1 (January 31, 2020): 151. http://dx.doi.org/10.37875/asro.v11i1.212.
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The geographical location of the North Maluku region and the extent of the sea that is difficult to reach by thesecurity forces to cause this area prone to illegal fishing, illegal loging, illegal entry, smuggling guns and liquor.The water traffic situation in this region is also very dense, almost every time we can see the ship that passesthrough this line especially in ALKI III, both merchant ships, passenger vessels, and vessels Fishermen can alsobe encountered there. This is what led to the province of North Maluku to be very vulnerable and provideopportunities to be utilized by people and other criminal acts to commit abuses in the North Maluku waters. Tomaximize marine security operations in North Maluku, the TNI AL at the Koarmada operations staff need tothink about and perform a mature calculation in the selection of patrol boats. This research uses the method ofAnalytic Network Process (ANP) because ANP is one method that can represent the level of interests of variousparties by considering the interconnectedness between criteria and sub-criteria that exist. The assignment ofpatrol vessels has three criteria, namely tactical, technical and economic. Processing of this selection data usingSuper decision software for ANP calculation. The results showed that the highest priority was KRI Tatihu-853 of0.851923, then the second priority for KRI Albakora-857 of 0.089943, then the third priority for KRI Madidihang-855 of 0.020778, then the fourth priority for KRI Layaran-854 by 0.016319, then fifth priority for KRI Sura-802 of0.010707, and the last sixth priority is KRI Kerapu-812 for 0.010329.Keywords: Maluku Utara, Ship Selection, ANP.
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Reggiannini, Marco, Marco Righi, Marco Tampucci, Angelica Lo Duca, Clara Bacciu, Luigi Bedini, Andrea D’Errico, et al. "Remote Sensing for Maritime Prompt Monitoring." Journal of Marine Science and Engineering 7, no. 7 (June 28, 2019): 202. http://dx.doi.org/10.3390/jmse7070202.
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The main purpose of this paper is to describe a software platform dedicated to sea surveillance, capable of detecting and identifying illegal maritime traffic. This platform results from the cascade pipeline of several image processing algorithms that input Radar or Optical imagery captured by satellite-borne sensors and try to identify vessel targets in the scene and provide quantitative descriptors about their shape and motion. This platform is innovative since it integrates in its architecture heterogeneous data and data processing solutions with the goal of identifying navigating vessels in a unique and completely automatic processing streamline. More in detail, the processing chain consists of: (i) the detection of target vessels in an input map; (ii) the estimation of each vessel’s most descriptive geometrical and scatterometric (for radar images) features; (iii) the estimation of the kinematics of each vessel; (iv) the prediction of each vessel’s forthcoming route; and (v) the visualization of the results in a dedicated webGIS interface. The resulting platform represents a novel tool to counteract unauthorized fishing and tackle irregular migration and the related smuggling activities.
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Mussi, Francesca. "Countering migrant smuggling in the Mediterranean Sea under the mandate of the UN Security Council: what protection for the fundamental rights of migrants?" International Journal of Human Rights 22, no. 4 (November 28, 2017): 488–502. http://dx.doi.org/10.1080/13642987.2017.1397629.
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Maing, Skolastika Genapang. "Dilema Tata Kelola Pengungsi Global: Penanganan Illegal Maritime Arrivals (IMA) di Australia." Nation State Journal of International Studies 3, no. 2 (December 31, 2020): 207–28. http://dx.doi.org/10.24076/nsjis.2020v3i2.203.
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Australia as one of the countries that signed the Convention of Refugee 1951 has an obligation to apply principle of non-refoulement in the handling of refugees and asylum seekers entering its territory. However, the issue of national security and domestic turmoil caused Australia to continue use restrictive policies in dealing with refugees and asylum seekers, especially those who came by the sea (boat people) and did not have official documents. They are called Illegal Maritime Arrivals (IMA). Giving the term “illegal” causes no distinction between IMA and smuggling/trafficking criminals. This paper aims to explain the existence of dilemma in the management of refugees especially in Australia in handling IMA. This research uses qualitative methods with secondary data sources from books, journals, articles and other sources related to the problem being studied. By using the concept of securitization approach in the paradigm of constructivism, this paper argue that the restrictive policies adopted by Australia as a form of protection of national interests. Australia experiences a dilemma in applying the principle of non-refoulement and protecting its national interests. This is challenge in the management of global refugees.
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Schloenhardt, A., and H. Hickson. "Non-Criminalization of Smuggled Migrants: Rights, Obligations, and Australian Practice under Article 5 of the Protocol against the Smuggling of Migrants by Land, Sea, and Air." International Journal of Refugee Law 25, no. 1 (March 1, 2013): 39–64. http://dx.doi.org/10.1093/ijrl/eet003.
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Thom, Graham. "The May 2015 boat crisis: the Rohingya in Aceh." Cosmopolitan Civil Societies: An Interdisciplinary Journal 8, no. 2 (July 26, 2016): 43–62. http://dx.doi.org/10.5130/ccs.v8i2.4816.
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The 2015 discovery of mass graves in Thailand’s Sadao district, on the border with Malaysia, led to a crack-down on people smugglers by the Thai and Malaysian authorities. Thousands of Rohingya (as well as Bangladeshi migrants) were left stranded in the Andaman Sea as smugglers abandoned their human cargo. Initially pushed back by the Thai, Malaysian and Indonesian navies, it was only after Indonesian fishermen rescued three boats that approximately 1,800 people were permitted to disembark in Indonesia’s Aceh province. The crisis in the Andaman Sea brought into sharp relief the fact that the South East Asia region lacks even the most basic regional protection (or cooperation) framework. While some states are still reticent, there have been attempts to improve government collaboration as demonstrated recently in the March 2016 Bali Declaration on People Smuggling, Trafficking in Persons, and Related Transnational Crime. This paper examines, however, how the ad hoc approach by Indonesia’s regions, in particular Aceh, to the treatment of the Rohingya who arrived in Aceh in May 2015, works against a comprehensive, national, rights-based approach to protect those seeking asylum in Indonesia. The paper explores the reasons why Aceh chose not to engage with the established practices for the treatment of asylum seekers in Indonesia and the human rights impacts this has had on those rescued. It concludes that the current situation in Aceh is not sustainable. The treatment of refugees in Aceh should be included in a broader national approach, commensurate with the treatment of refugees and asylum seekers throughout Indonesia, particularly if Indonesia is to develop a structured, rights-based approach to those seeking protection. This would then play a significant role in any future regional protection framework.
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Mohd Zainol, Noor Azmi, Anwar Zamani Jusop, Ahmad Azan Ridzuan, and Sofian Kamaruddin. "MANAGING MALAYSIAN BORDER: THE CHALLENGES AND PROSPECTS IN MAINTAINING SECURITY." International Journal of Politics, Public Policy and Social Works 1, no. 3 (December 15, 2019): 01–13. http://dx.doi.org/10.35631/ijppsw.13001.
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This paper aims to examine the challenges encountered by Malaysia enforcement border agencies to protect the sovereignty of Malaysia and its prospects of integration among various agencies at the border. With a wide boundary, the Malaysian security is porous to various threats which not only mean a traditional military threat but also include multiple threats. Current threats have been broadening to include transnational criminals such as illegal immigrants, smuggling people or prohibited goods or even non-traditional threats such as terrorism. In order to control such threats, there are several government agencies and legal enforcement which are responsible to protect Malaysian sovereignty such as The Royal Malaysian Police, Royal Malaysian Customs Department, Malaysian Department of Immigration, and Malaysian Border Control Agency and Malaysian Armed Forces as well. These agencies are responsible to manage the Malaysian border at various legal checkpoints such as air, sea and land checkpoints. The Malaysian Armed Forces, on the other hand, has been responsible to manage illegal route along the Malaysian border especially in the jungle. In order to manage a broad scope and complexities of the border, some scholars develop a concept of Coordinated Border Management (CBM) or Integrated Border Management or Collaborative Border Management, or Comprehensive Border Management in order to integrate all different border agencies. There is an urgent need for border agencies to coordinate their actions in order to improve the effectiveness and efficiency of border procedures. All the challenges will discuss further in this article.
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Glazova, A. P. "General issues of the exercise of jurisdiction in the process of application of law enforcement measures at sea." Moscow Journal of International Law, no. 4 (December 31, 2020): 106–18. http://dx.doi.org/10.24833/0869-0049-2020-4-106-118.
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INTRODUCTION. Currently, states can apply a whole range of law enforcement measures at sea in order to prevent such unlawful phenomena as piracy, slave trade, drug trafficking, migrant smuggling, etc. However, the problem of the exercise of jurisdiction by states within various maritime areas is the main sticking point during the implementation of these measures. In an attempt to exercise the law enforcement function at sea, the state can't ignore the fact that its ability to create legal norms and ensure their effective implementation depends not only on its will as a sovereign, but also on the restrictions imposed by international law. Therefore, maintaining a balance between limiting the “territorialization” of maritime areas and the need to carry out a law enforcement function logically entails the need to determine the nature and content of the concept of “jurisdiction of the state” within different maritime areas, as well as to identify specific features of this legal category. The present article focuses on this and other related issues.MATERIALS AND METHODS. Historical and comparative analysis along with dogmatic research approach were used in the research process and the entire research is well grounded in focusing on the norms of international treaty law and customary law. In addition to that this research focuses on the norms of national law governing issues related to the application of law enforcement measurement at the sea. Apart from those given material and methodical inputs, the doctrinal works of the relevant jurists have been used in this research.RESEARCH RELULTS. The author comes to an alternative conclusion that territorial jurisdiction within the maritime territory is not absolute, which is due, apparently, the principle of freedom of the high seas which have a longer support by the international community. The definition of jurisdiction as extraterritorial is not self-sufficient, since in case of conflict of jurisdictions, additional legal criteria are required to resolve such a conflict. The classification of extraterritorial jurisdiction depending on the principles on which it is based also does not solve the problem, since some principles, such as protective or universal, in turn, require additional criteria in order to become a self-sufficient tool to overcome legal uncertainty. The author notes that the ability to exercise territorial jurisdiction within maritime areas, as a rule, determines the ability to exercise legislative and executive jurisdiction, which are also not absolute. The exercise of extraterritorial legislative or executive jurisdiction at sea is potentially permissible only on the basis of international law to solve a specific function, for example, law enforcement.DISCUSSION AND CONCLUSION. The main problem of the varieties of jurisdiction proposed by in- ternational legal science is that each of them only supplements each other, describing a possible choice, but not explaining why a particular choice should be preferred in case of conflict. It is obvious that current uncertainty has created some severe impacts upon the institution of law enforcement measures at sea as a result of the absence of standards for enforcement measures that could make a balance to the mechanism. Hence the law enforcer has to be cautious with a number of factors in deciding the implementation of law enforcement measures within the sea.
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Perera, Panagodage Marlon. "INTEGRATED MARITIME PICTURE FOR EFFECTIVE DOMAIN AWARENESS." Maritime Technology and Research 3, no. 1 (January 18, 2020): Manuscript. http://dx.doi.org/10.33175/mtr.2021.224463.
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Abstract
According to the IMO (International Maritime Organization) Definition of MDA (Maritime Domain Awareness) : “Effective understanding of anything associated with the maritime domain that could impact the security, safety, economy, or environment”. As per the geography, more than half of the countries in the world map are littoral states. Hence Maritime Domain Awareness is a great concern of many states (Bateman, S. (2011). However incidents that are reporting in maritime environments are evident that, it is not safe as we thought and causes serious influences to the national security of a state. Hence maritime security is great concern of littoral and non-littoral nations and emphasis have given for effective maritime detection as it is the gateway for a maritime interdiction and apprehension.
How much our maritime environment is deserted and far from human activities, each and every bit of ocean environment is monitored by many agents of different nations for different perspectives and interests. However, in contradictory exploitation sea for crimes and criminalities is increase day by day and drug trafficking, human smuggling and human trafficking are some of the top listed criminalities. Even though mankind is capable to monitor every inch of ocean mass still sea is the main supply route for bulk of drugs and narcotics and reporting illegal migration is a common topic in many news forums. The real cause of this enigmatic situation is poor commitment by the states for effective mechanism to monitor and apprehend the culprits. For that sharing of information is important but obviously individuals are greedy on information for many reasons. As a result most of the monitoring stations are getting what they are interested but not the complete picture of maritime domain. Especially developing countries must focus for integration as funds for developed systems are the main constrain for them. Hence every bit of information is really important to build a complete picture to have a better understanding of the maritime environment.in this background this paper is to discuss an effective mechanism to integrate information and to share those with national and friendly international bodies to enhance decision making ability to effective interdiction to ensure safe seas.
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Zayzda, Nurul Azizah, and Sri Wijayanti. "Negara Maritim Indonesia, Migrasi Tidak Teratur, dan Hak Pengungsi Lintas Batas." Insignia Journal of International Relations 3, no. 02 (November 18, 2016): 48. http://dx.doi.org/10.20884/1.ins.2016.3.02.472.
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AbstrakMakalah ini membahas kebijakan Indonesia sebagai sebuah negara maritim dalam menghadapi persoalan migrasi tidak teratur, khususnya disini yang berdampak pada pencari suaka dan pengungsi lintas batas. Isu migrasi tidak teratur masih merupakan persoalan yang dihadapi oleh negara maritim yang memiliki akses terbuka berupa laut yang menjadi jalur utama perjalanan migran menuju negara tujuan. Sebagai negara yang terletak di jalur pelayaran utama dunia, di tengah tengah benua Australia dan Asia, Indonesia seringkali dihadapkan pada persoalan ini dimana Indonesia menjadi jalur atau negara transit pengungsi dan pencari suaka yang kebanyakan datang dari wilayah Timur Tengah dan Asia Selatan. Menurut data UNHCR, saat ini terdapat sekitar 13 ribu pengungsi dan pencari suaka di Indonesia, dan jumlah ini meningkat dari tahun-tahun sebelumnya. Indonesia sebagai negara maritim memiliki prinsip bahwa kepulauan dan kelautan Indonesia merupakan satuan pertahanan dan keamanan Indonesia (Zen, 2000, dikutip dari Geomagz, 2016). Namun penting untuk lebih jauh melihat bagaimana prinsip ini memandang hak asasi manusia dalam isu krisis kemanusiaan seperti pengungsi lintas batas dan pencari suaka. Makalah ini bertujuan untuk menjelaskan bagaimana karakter kemaritiman yang diambil Indonesia berpengaruh terhadap cara Indonesia menyikapi pengungsi lintas batas yang melakukan perjalanan dengan penyelundupan manusia. Makalah ini dibatasi lebih lanjut kepada bentuk kerjasama internasional untuk menangani penyelundupalajan manusia yang diinisiasi oleh atau melibatkan Indonesia. Dari sini kemudian ditarik kesimpulan mengenai hambatan pemenuhan hak pengungsi lintas batas dalam sistem internasional yang berdasarkan kedaulatan negara-bangsa.Kata-kata kunci: negara maritim, penyelundupan manusia, hak-hak pengungsi lintas batas, pencari suaka.
AbstractThis paper discusses the policy of Indonesia as a maritime country in addressing the issue of irregular migration, especially that impact on asylum seekers and refugees. The issue of irregular migration is still faced by maritime nations that have open access in the form of sea which became the main route of migrant journey to the destination country. As a country located in the world's major shipping lanes, in the middle of the continent of Australia and Asia, Indonesia is often faced with this problem given that Indonesia is a transit country of refugees and asylum seekers mostly from the Middle East and South Asia. According to data from UNHCR, there are currently about 13 thousand refugees and asylum seekers in Indonesia, and this number increased from previous years. Indonesia as a maritime country has a principle that Indonesia is an archipelago while maritime is part of its defense and security unit (Zen, 2000, cited from Geomagz, 2016). However it is important to further see how this principle oversees the issue of human rights in humanitarian crises such as refugees and asylum seekers.This paper aims to explain how the maritime character of Indonesia affects its ways to address refugee travel with people smuggling. This paper is further limited to the forms of international cooperation to tackle human smuggling initiated by or involving Indonesia. The obstacles to meet the refugee rights in the international system that is based on the sovereignty of the nation-state is then concluded.
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Priangani, Ade, Kunkunrat Kunkunrat, and Silvia Nurindah. "KERJASAMA INDONESIA- MALAYSIA DALAM MENANGANI PEREDARAN NARKOBA DI PERBATASAN." Jurnal Dinamika Global 5, no. 01 (July 5, 2020): 27–46. http://dx.doi.org/10.36859/jdg.v5i1.191.
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Indonesia and Malaysia have close ties especially in their land borders, making it easier to access buying and selling that occurs between communities on the border. Especially in trade to drug trafficking that occurs in border areas such as the Entikong-Sarawak region. Purchase until delivery of drugs. The circulation of drugs that enter from Malaysia is not only from the waters border, but also from land to air lines. In addition, drug traffickers not only pass through the official flight routes and ports, but drug traffickers entering from Malaysia can also take advantage of unofficial lanes on the land and water borders between Indonesia and Malaysia which have minimal security. The research of this study is to find out, explore and describe the cooperation carried out by the governments of Indonesia and Malaysia in dealing with drug trafficking on the border, especially on the Entikong and Sarawak borders, where the drug smuggling is most often deposited by couriers or which is directly taken by the dealer. By changing the form of drug packaging into a form or stored in another place, which can trick the officers at immigration. This research is expected to be useful to increase the repertoire of the development of international relations science. Furthermore, practically, this research is expected to be useful and useful for decision makers, especially the central and regional governments of the two countries, in addressing drug trafficking and trafficking that occurs on the borders of the two countries, because it will threaten the lives of the two generations. The results of this study are with the cooperation of the two governments which are always discussed in once a year in the General Border Committee forum and cooperation between the institutions of the two countries such as the National Narcotics Agency, Customs, Police and PDRM are expected to help eradicate and reduce circulation and Drug sales that occur in the border areas of the two countries, both in the sea, air, and land. There were successes after Indonesia and Malaysia collaborated in combating drug trafficking as in 2014, Kuching PDRM succeeded in capturing two Indonesian Police officers related to drugs, which in this matter coordinated the POLRI through the West Kalimantan Regional Police with Malaysian PDRM. The collaboration between Indonesia and Malaysia is considered important because the location of the two countries is very close. As well as the two countries have a long coastline, this has the potential to serve as one of the entry points for drug smuggling. Although various prevention efforts have been carried out in the eradication of drugs by the two countries by involving various parties, there are still many obstacles that become obstacles in cooperation between the two countries to be able to minimize the level of drug trafficking and trafficking that occurs in border lanes, whether it's official or unofficial border lines.
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Jiménez Cortés, Claudia. "Cuando las personas se vuelven “mercancías”: Respuestas jurídicas para luchar a favor de las víctimas y contra las mafias que trafican en el Mediterráneo (When people become “merchandise”: Legal responses to fight in favor of the victims and against the mafias that traffic in the Mediterranean Sea)." Oñati Socio-legal Series 10, no. 4 (August 1, 2020): 834–49. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1134.
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Son miles las personas que se juegan la vida por cruzar el Mediterráneo hacia un futuro incierto pero prometedor. En el trayecto –que dura años– pasan a estar a merced de los grupos organizados para quienes son mera “mercancía” de la cual pueden obtener un beneficio… o dos: el que paga la persona o sus familiares por llegar al viejo continente y su explotación por el camino. Esta cosificación hace que la delgada línea que separa el tráfico del delito de trata de seres humanos se difumine cuando no desaparezca. Ante esta realidad, el artículo propone un cambio de enfoque respecto al hasta ahora seguido por las autoridades. Con ello, quizá se consiga luchar de manera más eficiente contra esta lacra y en todo caso, al menos se aseguraría un trato más digno y humano a personas que han sufrido en sus carnes el escarnio de no ser consideradas ni tratadas como lo que son, seres humanos. Thousands of people risk their lives to cross the Mediterranean Sea towards an uncertain but promising future. In their journey, they are at the mercy of the organized groups who consider them no more than merchandise from which they can obtain a benefit... or two: one from the person or their relatives for reaching the old continent and one from their exploitation. This “use” of them makes the thin line that separates smuggling from the crime of trafficking in human beings blur if not disappear. Given this reality, the article proposes to focus the persecution on the mafias that have made a profit with their exploitation. With this, perhaps it is possible to fight in a more efficient way and in any case, at least a more dignified and humane treatment would be ensured to people who have suffered the scorn of not being considered or treated as what they are, human beings.
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Pyvovarov, V. V., and V. O. Chepur. "Criminological view on the corporate nature of modern environmental crime." Legal horizons, no. 23 (2020): 50–56. http://dx.doi.org/10.21272/legalhorizons.2020.i23.p50.
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The article examines corporate environmental crime as the largest type of environmental crime. The concept of “environmental offense” is analyzed. The definition of corporate crime in relation to the environmental aspect is given. The direct and long-term consequences of corporate environmental offenses are described. The current state of the investigated crime, which is characterized by the lack of legal regulation of legal liability of corporations, generally low penalties for this type of offense, inefficiency of law enforcement and environmental authorities to identify and prosecute offenders and, finally, increased latency. The state of the fight against environmental offenses in the United States is presented, and as an example, the state response to large-scale pollution of the Gulf of Mexico is studied. A criminological description of the most typical for Ukraine offenses against the environment: water pollution (unauthorized discharge of ballast water by sea vessels, as well as pollution of petroleum products, sewage, water in seaports and recreation areas), violation of the law on continental (marine) economic zone of Ukraine (illegal exploration and development of natural resources, operation of installations and structures for industrial purposes), large-scale deforestation, depletion of chernozems, “environmental smuggling”. It is stated that the inefficient system of state environmental policy and its regulatory regulation increasingly demonstrates inconsistency with existing threats of a natural nature, which leads to a violation of the constitutional right of citizens to environmental safety. In conclusion, we justify the need to pay special attention of society and of the state to the corporate nature of environmental crime to create a system to combat these offenses. We point out the need for an urgent solution by the science of criminal law and the legislator of the existing problems in doctrinal issues of determining the guilt of the corporation as a basis for prosecution, bringing the perpetrators, including corporations, to special types of liability.
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Mahas, H. A. "Retrospective analysis of the border guard policy on providing integrity of the state border of Ukraine." Public administration aspects 6, no. 1-2 (March 31, 2018): 31–36. http://dx.doi.org/10.15421/1520184.
Full textAbstract:
With the advent of Ukraine’s independence, its border guard policy was aimed at ensuring territorial integrity, establishing its own border security system, organizing border protection around the perimeter and protecting the exclusive (marine) economic zone. Protection of the state border of Ukraine is an integral part of the national system of protection of the state border and is performed by the State Border Guard Service of Ukraine on land, sea, rivers, lakes and other reservoirs, according to the powers granted to ensure the integrity of the state border of Ukraine. The article is devoted to the research of the formation of the state border protection system as a mechanism for ensuring the integrity of the state border of Ukraine. The author analyzes the stages of formation, problems and prospects of the protection of the state border of Ukraine through the prism of the activity of the border guard authority of Ukraine on the implementation of the border gurd policy. Based on the analysis of adoption and implementation of legal acts, concepts and programs of strategic importance in the field of protection of the state border (a feature of planning), as well as taking into account the scientific achievements of scientists and variability of the security environment that led to changes (a sign of development), the process of formation and development of the state border protection system is proposed to be divided into five periods, namely: the first – 1991-1993 (on the basis of planning and development);the second – 1994- 1999 (on the basis of planning and development);the third – 2000-2005 (on the basis of planning), 2000 – July 2003 (on the basis of development);the fourth – 2006-2015 (on the basis of planning), August 2003-2013 (on the basis of development);the fifth – 2016-2020 (on the basis of planning), 2014 - 2020 (on the basis of development).The results of the retrospective analysis allowed to establish the following patterns of formation and development of the state border protection system:1. The border guard policy is aimed at ensuring territorial integrity, establishing its own state border protection system and protection of the exclusive (marine) economic zone. 2. Formation of the state border protection system is influenced by a number of factors, including: the peculiarity of the geographical position of Ukraine (presence of international transport corridors; presence of «frozen» conflicts in the regions bordering on Ukraine; unregulated migration and smuggling activities; the need for significant resources for the border infrastructure development, etc.). 3. The functional complexity of the border guard institution evolves in the direction of: militaristic – law enforcement – law enforcement and militaristic.4. The increasing level of integration of subjects, which provide border security in the security space. 5. Increased attention to the need for balancing vital interests in the field of state border protection. 6. A noticeable tendency to increase the capacity of the state border guard system to counter current threats: armed conflicts at the state border, smuggling of weapons, drug trafficking, unregulated migration, illegal extraction and theft of national treasures, etc. 7. Determining of strategic directions of ensuring the border security is carried out at the highest state level within the framework of the Comprehensive Review of the Security and Defense Sector, drafting of the Conceptual Basis for the Reform of the Law Enforcement Agencies and the Concept of the Reform of the Criminal Justice of Ukraine. 8. When elaborating approaches to the development of the state border guard system (close, medium and long-term perspective), it is necessary to take into account the experience of the new EU member states in preparing for accession to the EU and joining the Schengen agreement.
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Nursabrina, Mizalfia. "MARITIME INTERCEPTION ON FOREIGN VESSELS CARRYING REFUGEES AND ASYLUM SEEKERS: A VIOLATION OF UNCLOS AND NON-REFOULEMENT PRINCIPLE?" Padjadjaran Journal of International Law 4, no. 1 (January 31, 2020): 114–31. http://dx.doi.org/10.23920/pjil.v4i1.346.
Full textAbstract:
AbstractEach state has the right to protect their national security in every possible way, and illegal acts such as aliens entering their territory without permit is no exception. They implement regulations and policies to prevent people smuggling, including but not limited to maritime interception towards vessels under suspicion of carrying refugees and asylum seekers. Yet, in the implementation, human rights violations tend to happen towards the passengers. This study aims to analyze the legality of maritime interception on foreign vessels carrying refugee and asylum seekers, and whether the said conduct raised issues of state responsibility. This study was conducted by analyzing relevant international law instruments and principles such as non-refoulement and state responsibility. The analysis comes to the conclusion that states have certain jurisdiction to conduct interception operations at sea with the means of protecting their national security. Should the act of interception be proven to inflict threats of danger towards the lives of the intercepted refugees and asylum seekers, states should be held responsible for the damage bared to the refugees and asylum seekers. In conducting maritime interceptions, states should ensure the refugee identity of the intercepted vessel’s passengers and should seek that they are entitled to international protection.
Keywords: Maritime Interception, Principle of Non-Refoulement, State Responsibility
AbstrakSetiap negara mempunyai hak untuk melindungi keamanan nasionalnya dengan berbagai macam cara, dan tindakan ilegal seperti warga negara asing memasuki wilayah suatu negara tanpa izin bukan merupakan pengecualian. Negara-negara telah menetapkan seperangkat peraturan dan kebijakan untuk mencegah penyelundupan manusia, termasuk namun tidak terbatas pada pencegatan kapal di wilayah laut yang dicurigai mengangkut para pengungsi dan pencari suaka. Namun, dalam pelaksanaannya tindakan pencegatan seringkali menimbulkan pelanggaran hak asasi manusia kepada para penumpang kapal. Penelitian ini bertujuan untuk menganalisis legalitas pencegatan kapal yang mengangkut pengungsi dan pencari suaka. Penelitian ini dilaksanakan dengan menganalisa hukum internasional yang berkaitan. Penelitian ini menunjukan bahwa negara mempunyai yurisdiksi tertentu untuk melaksanakan pencegatan di laut dengan tujuan untuk mempertahankan keamanan nasional. Selain itu, negara harus bertanggung jawab atas kerugian yang dialami oleh para pengungsi dan pencari suaka selaku penumpang kapal yang dicegat apabila pencegatan tersebut menimbulkan ancaman bagi hidup mereka. Dalam melaksanakan pencegatan di wilayah laut, negara-negara harus memastikan identitas para penumpang kapal yang dicegat, dan memberikan perlindungan internasional bagi mereka yang berstatus sebagai pengungsi dan pencari suaka.
Kata Kunci: Pencegatan Wilayah Laut, Prinsip Non-Refoulement, Tanggung Jawab Negara