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for certain exploitative purposes., ¶ 10, Comm’n on Human Rights, U. State parties’ compliance with their obligations under the UN Transnational Organized Crime Convention and its protocols are monitored by the Conference of the Parties to the United Nations Convention on Transnational Organized Crime (“Conference of Parties”). The general questions posed regarding this matter were framed in the following terms: (1) “Is TIP [trafficking in persons] criminalized [in your domestic law]?

Twenty-nine declarations or reservations have been made by signatories and state parties, most of which invoke Article 15(3) in denying the jurisdiction of the International Court of Justice to adjudicate disputes under the Palermo Protocol. As noted in the protocol’s preamble, “effective action to prevent and combat trafficking . Recognizing that comprehensive international cooperation amongst state parties to prevent and combat trafficking would be well nigh impossible without agreement on what counts as trafficking, the drafters of the Palermo Protocol agreed upon the aforementioned definition articulated in Article 3. 3 [hereinafter Rome Statute] (claiming jurisdiction over the crime of genocide, crimes against humanity, war crimes, and the crime of aggression). Moreover, insofar as acts of trafficking might form the factual basis for a charge of crimes against humanity before the ICC, the criminal offense that would be charged in such a case would be “crimes against humanity” not “trafficking.” Jane Kim, Thus, in order to ensure that the Article 3 definition was given effect in domestic criminal laws, the protocol obligated state parties to “adopt such legislative and other measures as may be necessary to establish as criminal offences the conduct set forth in article 3 of this Protocol.” Despite their obligation under the Palermo Protocol to criminalize sex trafficking as it is defined in Article 3, many state parties have failed to do so, choosing instead to target a narrower scope of conduct.

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