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; Julia Muraszkiewicz; Neil Boister

doi:10.1017/S2044251316000230

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

Department of Law

Research output: Contribution to journal › Review article › peer-review

10 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 language	English
Pages (from-to)	166-188
Number of pages	23
Journal	Asian Journal of International Law
Volume	8
Issue number	1
DOIs	https://doi.org/10.1017/S2044251316000230
Publication status	Published - 1 Jan 2018

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

Access to Document

10.1017/S2044251316000230

Cite this

@article{1aaf4279d7f24087ac5d7546ae4a27f8,

title = "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",

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.",

author = "{Gerry Qc}, Felicity and Thomas Harr{\'e} and Nathalina and Julia Muraszkiewicz and Neil Boister",

note = "Publisher Copyright: {\textcopyright} 2016 Asian Journal of International Law.",

year = "2018",

month = jan,

day = "1",

doi = "10.1017/S2044251316000230",

language = "English",

volume = "8",

pages = "166--188",

journal = "Asian Journal of International Law",

issn = "2044-2513",

publisher = "Cambridge University Press",

number = "1",

}

TY - JOUR

T1 - 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

AU - Gerry Qc, Felicity

AU - Harré, Thomas

AU - Nathalina, null

AU - Muraszkiewicz, Julia

AU - Boister, Neil

PY - 2018/1/1

Y1 - 2018/1/1

N2 - 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.

AB - 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.

UR - http://www.scopus.com/inward/record.url?scp=84990223677&partnerID=8YFLogxK

U2 - 10.1017/S2044251316000230

DO - 10.1017/S2044251316000230

M3 - Review article

AN - SCOPUS:84990223677

SN - 2044-2513

VL - 8

SP - 166

EP - 188

JO - Asian Journal of International Law

JF - Asian Journal of International Law

IS - 1

ER -

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

Abstract

UN SDGs

Access to Document

Other files and links

Fingerprint

Cite this