TY - JOUR
T1 - Non-criminalization of smuggled migrants
T2 - Rights, obligations, and australian practice under article 5 of the protocol against the smuggling of migrants by land, sea, and Air
AU - Schloenhardt, Andreas
AU - Hickson, Hadley
PY - 2013/3/1
Y1 - 2013/3/1
N2 - Article 5 of the United Nations Protocol against the Smuggling of Migrants by Land, Sea, and Air, to which Australia is a state party, requires states not to criminalize migrants for being the object of migrant smuggling. This international obligation raises questions about Australia's response to migrant smuggling and its treatment of asylum seekers. This article examines the principle that smuggled migrants should not be punished for seeking refuge through illegal entry to a receiving state. It explores the extent of the obligations created by article 5, and, on that basis, assesses the compatibility of Australia's legislative and practical responses to the smuggling of migrants.
AB - Article 5 of the United Nations Protocol against the Smuggling of Migrants by Land, Sea, and Air, to which Australia is a state party, requires states not to criminalize migrants for being the object of migrant smuggling. This international obligation raises questions about Australia's response to migrant smuggling and its treatment of asylum seekers. This article examines the principle that smuggled migrants should not be punished for seeking refuge through illegal entry to a receiving state. It explores the extent of the obligations created by article 5, and, on that basis, assesses the compatibility of Australia's legislative and practical responses to the smuggling of migrants.
UR - http://www.scopus.com/inward/record.url?scp=84882977396&partnerID=8YFLogxK
U2 - 10.1093/ijrl/eet003
DO - 10.1093/ijrl/eet003
M3 - Article
AN - SCOPUS:84882977396
SN - 0953-8186
VL - 25
SP - 39
EP - 64
JO - International Journal of Refugee Law
JF - International Journal of Refugee Law
IS - 1
ER -