Is the Law an Ass When It Comes to Mules? How Indonesia Can Lead a New Global Approach to Treating Drug Traffickers as Human Trafficked Victims

Felicity Gerry Qc, Thomas Harré, Nathalina, Julia Muraszkiewicz, Neil Boister

Research output: Contribution to journalReview articlepeer-review

4 Citations (Scopus)

Abstract

Indonesia has enacted laws which provide mandatory protection for victims of human trafficking. It also has mandatory drug laws which, in some cases, lead to the death penalty. This legislative conflict together with investigative and prosecutorial failure risks the execution of human trafficked victims who are used as drug mules in organized crime. In countries where there is no statutory defence to criminal conduct, there is a need to approach criminal conduct in a way that protects victims. This includes mechanisms to ensure non-prosecution and non-punishment. The recent reprieve for Mary Jane Veloso, albeit temporary at the time of writing, is an opportunity for Indonesia to lead a new global approach to victim protection.

Original languageEnglish
Pages (from-to)166-188
Number of pages23
JournalAsian Journal of International Law
Volume8
Issue number1
DOIs
Publication statusPublished - 1 Jan 2018

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