Title: Extraterritorial jurisdiction: extending the reach of US human trafficking law when nations are unable or unwilling to prosecute
Authors: Lucas I. Quass
Addresses: Best Best & Krieger LLP, Riverside, CA 92502, USA
Abstract: In arguing that extraterritorial jurisdiction should be included in the Trafficking Victims Protection Act, this article will examine the scope of the human trafficking problem and the inadequate prosecution efforts worldwide, with particular focus on the USA. Second, this article will examine the limitations of current US human trafficking law and will consider the limited instances where Congress has provided extraterritorial jurisdiction over human trafficking crimes. Thirdly, this article will examine why human trafficking crimes are under prosecuted worldwide and will argue that many nations are either unwilling or incapable of fully pursuing and prosecuting human traffickers. Finally, this article will argue that the Trafficking Victims Protection Act should be applied with extraterritorial jurisdiction as written and alternatively, that Congress should amend the Trafficking Victims Protection Act to specifically grant extraterritorial jurisdiction to US courts.
Keywords: immigration; human rights; human trafficking; forced migration; refugees; extraterritorial jurisdiction; United Nations; UN; slavery; trafficking victims; victim protection; statutes; federal acts; TVPA; legislation; criminal prosecution; USA; United States; inadequate prosecution; US Congress; crimes; international crime; human traffickers; courts; public law; public policy.
International Journal of Public Law and Policy, 2012 Vol.2 No.1, pp.17 - 34
Received: 08 May 2021
Accepted: 12 May 2021
Published online: 26 Jan 2012 *