Journal of Misan Comparative Legal Studies

The imminent danger that threatens the security and stability of States as a result of the aggravation of the effects of the crime of human trafficking has prompted the international community to make many conventions and international instruments to combat it. States have also enacted internal law texts which criminalize these deeds and punish its perpetrators. Among those states, there is Algeria which criminalized human trafficking in the amendment of the penal code in 2009, and Iraq which established the Anti- Human Trafficking Law N° 28 of 2012. Did these two legislations succeed in putting an end to human trafficking? This is the focus of the study in this research

New crime is one of the biggest challenges facing the international community today. Crime has become complex and multiform, and is practiced by transnational organized crime gangs. Among these crimes and the worst of which is the crime of white slave trafficking, This trade that has violated human rights of dignity and freedom. In the face of these serious violations of the rights of women and children in the market of sex and forced labor, the Convention for the Prevention and Suppression of Trafficking in Persons, especially Women and Children, was concluded in 2000 ; and since Algeria is among the first countries to ratify this convention because it is convinced of the seriousness of this phenomenon, and as an embodiment of what was stated in the "Palermo" Protocol, it amended the Algerian Penal Code and criminalized trafficking in persons in part of it in Law No. 01/09
Key words: white slaves, trafficking in persons, Palermo Convention, Algerian legislation

Human trafficking is one of the most dangerous crimes at the international and national levels. The danger of this crime is compounded if it is perpetrated by organized criminal groups. In this regard, the international legislator has adopted a special convention to combat it, namely, the U.N. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, according to which states - participants were encouraged to use various mechanisms to address and deter them, especially through legislative measures in this regard.
The Iraqi legislator has fought this crime with many relevant measures including the adoption of the Anti-Trafficking in Persons Act No. (28) of 2012, which provides for incriminating, punishing, and increasing penalties for it due to some aggravating circumstances including in a case committed by the organization of a criminal group.
The research sheds light on the concepts of trafficking in persons and the organized criminal group and confronting the crime of human trafficking if it is committed by an organized criminal group based on the Iraqi laws in force., especially the Anti-Trafficking in Persons Law No. 28 of 2012, and includes some conclusions and recommendations to improve relevant Iraqi legislation

Of the remnants of artificial insemination processes are survival of fertilized embryos, which are frozen after insemination processes and deposits of the necessary embryos in the womb of the wife. This process succeeds or fails, but not in the first attempt, not dozens if no hundred ones have been transferred, more than one egg may be fertilized by 10-14 fertilized eggs (human embryos). When cultivating the preparation in the womb of the wife and the success of the process, we will be in front of an excess number of embryos that its owners may leave it knowingly or ignorantly. What is the fate of such embryos? Is it possible to deal with them in various physical or legal actions? Then, can these fertilized, unimplanted embryos be considered human organs, or are they considered an incomplete human being? Next Then, what are the limits of dealing with such embryos, whether in the context of legal or material actions?
The problems that can be raised in such a study are many, but we will try to declare the legality of legal and physical behavior within the framework of Iraqi legislation in the framework of the Iraqi legislation (human handling law and prevention of trafficking - the law of sanctions - civil law) and Islamic law with its various doctrines focusing on the most important images of these prominent actions

The crime of human trafficking is considered a serious crime for society, as it mainly targets human existence, in addition to falling the high position man enjoys among creatures as God Almighty has honored them. Since children, due to their age, are characterized by spontaneity and lack of awareness, this makes them an accessible target for the perpetrators of this type of crimes. Also due to the seriousness of this crime on society, family and the individual, we find that criminal legislation, in line with international conventions, has intended to enact criminal texts punishing this crime with deterrent penalties as well as procedural regulation, especially in the field of international cooperation to control and prevent this type of crime, or at least reduce its ill effects

Combating the crime of human trafficking has received the attention of all countries. Many international and regional organizations deem it as a significant and dangerous crime and a legal expression of the newly created image of slavery. Trafficking in human beings means that criminal groups adopt the method of exploiting human beings, especially women and children, in forced prostitution or forced labor, or removing their organs and selling them to those who are able to pay much money. International and regional organizations, particularly the United Nations have been concerned to invite the international community to combat this crime through making the Protocol to Prevent and Punish Trafficking in Persons in 2000 (Palermo Protocol), which is a complementary protocol agreement of the United Nations to prevent and combat transnational organized crime, as well as the tendency of the majority of comparative legislation to issue Special legislation to criminalize human trafficking; among them, we mention the Iraqi, Egyptian and French laws

The phenomenon of human trafficking is among the methods of ancient criminality, which is known to be called the soft commodity, as it has been developed as a result of the development of social life since it took other forms and faces due to the development of public life in societies and due to the factors of development and scientific progress. This was reflected positively on the methods used in the development and increase of this phenomenon especially in countries that suffer from difficult economic conditions or are going through political crises which may be the result of political rivalry between the poles of power or due to external factors that affected the prestige of these countries. So they began to face these groups of members of society that are going through difficult psychological stages that made them isolated from reality of this kind of crimes which forms and forever a major violation of human values as it transforms a person, whether a man or a woman, large or small, into a type of commodity that is used and shaped as human traffickers wish, not to mention what this constitutes in violation of the divine religions as well as international and societal norms. The crimes of human trafficking are like a scourge that gnaws at the body of countries that are suffering from security, societal and national instability as it lost the values and ideals that it used to cling to. Therefore, such a situation had to be confronted by all authorities in the state, starting with the legislative authority, the one that undertakes the task of enacting laws in addition to the executive authority which has an important role in putting the laws into practical application with the tools they need and which the administration body undertakes to implement, as they are required to maintain public order in society, and human trafficking is the most serious violation and the greatest scourge that is very difficult. To be faced by the administration without the cooperation of the individuals themselves

The study focuses on the impact of International legislation related to combating human trafficking crimes on the Constitutional and legal texts in Iraq. The aim of the research is to clarify the concept of the phenomenon of human trafficking and ways to combat it in international law, and the impact of these concepts on the Iraqi constitution for the year 2005 as well as the laws concerned with combating human trafficking such as the Iraqi Penal Code and Anti-Human Trafficking Law No. (28) of 2012, which contains within it the penalties that prevent individuals from engaging in any act of human trafficking.
The study concludes that the crime of human trafficking is carried out in several ways used by human trafficking gangs according to the target group. So it may take the form of sexual exploitation, especially for women and children, or forced labor, slavery and the like, or trafficking in human organs. It is also found that Iraq has been greatly affected by international conventions and legislation regarding combating this crime despite some observations recorded on the anti-trafficking law Iraqi. Further, there is an impact of technological development and the modern information revolution that the countries of the world have witnessed on the spread of this crime, in addition to other reasons that are a product of the environment in which individuals live, and that push them to join human trafficking gangs or be one of their victims

Scholars of law, crime, criminal sociology and the international society are interested in the evolution of the trajectory of human trafficking crime nationally and internationally. They have noticed that there is a huge frightening increase in this kind of crimes. It is no longer limited to the national geographic framework and space of a country or some countries, but also has become a transcontinental crime all over the world. The data and statistics of the United Nations Office on Drugs and Crime confirmed that no region in the world is safe from this crime and its repercussions, as human trafficking and exploitation take place in all countries of the world. Therefore, this crime is considered a crime against humanity and is thus an international crime based on the statutes of the international criminal courts, especially the 1998 International Criminal Court

No doubt that the main aim which the criminal legislator is seeking to achieve through legislating the legal texts related to crime and punishment is to protect the interests that can be assessed as protectable by criminalizing the prohibited actions and specifying the sanctions suitable for. Such task that the legislator took upon himself to achieve has to go with the continuous and rapid changes in the criminal actions which can be a reflection to the progress in all the human and scientific aspects that will be reflected obviously on the prohibited human behave which will form prejudicial to the basic rights of the individuals.
For the aim of combating the crimes of the trafficking in human beings ,limiting its expanding, reducing its effects and punishing its committers as such crime is representing a violation to the human dignity and other interests of, the Iraqi legislator issued a legislation to fight the trafficking of human beings that of no. 28 for the year 2012. The legislator in some cases and for aggravating the sanctions determined for such crimes, the aggravated circumstances has to be specified, and the aim behind such specification is to enhance the determined protection according to the criminal legislations, as the circumstances are representing the legal factors that are connected to the crime and specify its description and guaranty the distinguish between it and the other crimes which carry the same name and depending on the same components. The crimes of trafficking human beings are recognized with a certain features can distinguish it from other crimes that are processed according to the general articles in the Iraqi amended Law of Sanctions no. 111 for 1969.
According to the above mentioned we are trying to specify the subjectivity of the aggravating circumstances in trafficking human beings crimes as the circumstances can be connected to the criminal behave that will lead to the crime or can be related to the criminal consequence. It also can be paired with the criminal behave or connected with relationship between the criminal and the victim. Such circumstances can be mixed – according to its effects – with the components that are shaping the crime. All that will suggest finding a norm to distinguish between them, that the aggravating circumstances either specific or general for all the crimes of trafficking human beings and each one of the circumstances has certain features has to be mentioned, in addition to specifying the legislator position related to combining more than one of such circumstances in the same crime regardless if they are private or objective. Also we’ll try to find the relativity between the legally determined sanction and the criminal action committed in the case of or more of the aggravating circumstances.
The subject will be processed through two sections. The first will be specified for the aggravating circumstances in the crimes of trafficking human beings, and the second one will be for some of the applications of the aggravating circumstances for the same mentioned crime

The phenomenon of children and women trafficking is one of the criminal phenomena that have exacerbated with the emergence of globalization and the need shown by developing countries in the field of labor that pushed many children and women to emigrate. So they often find themselves trapped in the hands of gangs and organizations specializing in human trafficking and women and children trafficking in particular. Therefore, human trafficking operations are explained by the emergence of a new criminal belonging to organized crime gangs to which people of high social standing join. They are called intermediaries or agents where slave traders or contractors of men and women workers or office owners. But in reality they are using technological means and methods to commit criminal activities and thus obtain illegal proceeds.
The impact of this crime is clearly fell on people who suffer from poverty, unemployment and they lack the minimum level of social security, especially children and women, which makes them merely a commodity among the mobile and renewable goods that are sold and bought. This is a clear indication of the extent of the severity of the crime committed on the person himself/herself and the abuse of his/her dignity and humanity that was must be saved. Human trafficking, especially women and children, is ranked the second or the third crime after drug trafficking, as the victims of this crime are estimated at about 32 million people annually, whether women or children. About 2 million people in the world are exposed to trafficking, including 1.2 million children. Trafficking is at least two children a minute for sexual exploitation or slavery, or a rate of 50,000 victims to the United States – one for every five children. It also transfers between 45 American dollars annually as the profits of sexual exploitation of women and children are estimated at 28 billion dollars annually, and the profits of forced labor are about 32 billion dollars annually.
Accordingly, this research focuses on the concept of children and women trafficking and the most important reasons that drive their trafficking, as well as the most important types and methods of their trafficking. The study also explains the attitude of international law and internal national legislation to combat and confront children and women trafficking in two sections

During its long history, humanity is subject to dehumanization by those who divide life into two groups: the strongest and the weakest. The strongest exploit the weakest for their inhuman interests and goals. Islam came to spread justice among humans claiming that Allah created man in terms of. Common sense and good intention, If man transgresses the ordeal, humans would slave each other, and humans would be bought and sold as cheap things. Man is born of freedom; therefore, he denies all from of slavery which confines his libert.
One may ask: Is it possible to introduce such traditional topics in the twentieth first century, topics which had been solved since the min- nineteenth century? Yes. Since we still meet nowadays the deposits of the traditional heritage, the problems of human slavery, The slavery system, which was deserted for aged is still omnipresent in modern times, and exist so long the wars exist, The ugliest example of the slaver system is Daesh and its horrible deeds with the abuse of women and children, which vowed as an Islamic trend, and it is not, in reality. In this inhuman situation, women were married by force. This led to the emergence of the so- called "Daesh sons." Other inhuman situations are represented by father ready to sell their kids because of poverty and hunger. Humans are transferred to other countries by sea boats.
In this light, the study intends to shed light on human rights is terms of Islam and shows the Islamic juristic view toward the phenomenon of trafficking in human bodies, based on the Islamic law

As a natural result of insecurity, after the terrorist organization ISIS took control of many Iraqi cities, the phenomenon of women and children trafficking, which is one of the forms of violence against women and children, has spread. Such a crime is carried out by various actors. This crime is being orchestrated by local brokers in coordination with the terrorist organization and international criminal networks. Trafficking occurs between a country and a country or within the same country, where women and children are trafficked for the purposes of sexual exploitation in most cases or the sale of human organs. A report issued by the National Information and Investigations Agency, Iraq, stated that the smuggling of women and human organs is the latest findings of smuggling operations. . Commenting on the above, some people may be surprised to hear information about women smuggling, or the so-called white meat

This study aims at analyzing and discussig the constitutional texts related to human rights and freedoms that are self-related and protect it from criminal manifestations, specifically the phenomenon of human trafficking since this crime is one of the most dangerous crimes that threaten modern societies in our time, including Iraqi society. It represents an assault on human rights, freedom, and dignity. Also, it is the modern form of slavery that mankind has struggled to eradicate. Despite the existence of confirmed constitutional and legal texts that prevent this phenomenon and stand against it, it still constitutes one of the dangerous phenomena facing society.
Accordingly, this study relies on the method of the scientific, analytical and comparative method in order to analyze the constitutional texts related to human rights and freedoms and their relationship to the crimes of human trafficking. It also sheds light on the guarantees established for the protection of rights and freedoms in the texts of the Iraqi constitution of 2005 compared to the experiences of some countries , particularly France and Egypt. The research reaches conclusions and recommendations focusing on the necessity of activating the guarantees of the constitutional texts related to the protection of human rights in order to deter human trafficking crimes

The study dealt the attitude of Islamic law on the phenomenon of human trafficking as it is one of the abnormal phenomena and abhorred by the Islamic culture and human taste. The Islamic law has desire to have a human community that get respect for human rights and hates everything that contradicts human nature. This is because Islamic law and different religions have honoured humanity and prohibits aggression against it. The crime of humans trafficking has made the human body a laboratory for experiments and a commodity traded by gangs whose main concern is to earn money

The issue of the phenomenon of human trafficking is one of the most important topics raised on the international arena, which has become a global phenomenon carried out by organized criminal groups across state borders. The administration has taken a responsibility to counter it by all means and mechanisms to ensure stability and security within society. So the administration works to organize work and set controls that are intended to restrict them, in addition to its duty to limit sexual exploitation and other duties that vary according to different forms of trafficking in order to counter this crime. Preventive treatment is the best way to reduce it by issuing regulatory decisions, protection of workers’ Rights and immigrants, and regulating human organ transplantation and medical

The idea of the research stems from a fundamental legal problem related to the adequacy of criminal legislation in addressing this phenomenon, which has received the attention of all countries and international and regional organizations, as it is one of the most dangerous criminal phenomena at the international level, which has become a threat to the entity of society and wastes the high position of man among creation. Of this importance, we find that penal legislation, in line with international conventions, has set out criminal texts that punish this crime with deterrent penalties, as well as procedural regulation, especially in the field of international cooperation to control and prevent this type of crime, or at least reduce its negative effects.
We will deal with these data in three sections. In the first we will deal with the conceptual framework of human trafficking, including two demands. In the first, we will discuss the concept of human trafficking, and in the second we will define its characteristics. As for the second topic, it was devoted to examining the substantive provisions of the crimes of human trafficking, and in the third section we will show the procedural and punitive confrontation of the crimes of human trafficking. Finally, this study will end with a conclusion that will include the most important findings and recommendations