This casebook is co-authored by Bridgette Carr, Anne Milgram, Kathleen C. Kim, and Stephen Warnath, Chief Executive Officer of the Warnath Group and Founder, President, and CEO of the NEXUS Institute. It brings together the key case law, legislation and scholarship that comprise domestic and international human trafficking law and its policy context. The casebook contains the criminal justice, civil rights, international law, immigration, and supply chain transparency and federal contracting regulatory environment that frame human trafficking law and policy. For the first time, law professors and other teachers have a book that provides the framework and content for a full semester course. The book’s “notes and questions” included with each chapter assist professors to lead thought-provoking and lively in-class discussions. Human Trafficking Law and Policy will be of interest to both experienced attorneys and the next generation of lawyers alike looking for an introduction to understanding and addressing modern slavery.

Foreword

This paper discusses research on human traffickers (i.e. perpetrators of the crime of human trafficking) and how a clearer picture of how traffickers operate can be used in the development of criminal justice and social welfare responses to human trafficking. This study discusses some of the difficulties or limitations involved in understanding traffickers and trafficking operations through the lens of trafficked persons and their individual trafficking experiences and what that means for the development of policies, strategies and interventions in combating human trafficking.

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Over the past decade, global concern about human trafficking has prompted massive investment into anti-trafficking interventions by intergovernmental organizations, states and civil society. While early interventions took place in a performance evaluation vacuum, there have been growing calls for greater transparency and accountability within the anti-trafficking sector, including through rigorous impact evaluation. Such calls are fully justified. The human rights imperatives that underpin anti- trafficking work and the significant investment of public resources demand that interventions demonstrate accountability, results and beneficial impact. However, in practice this is more complicated and there has been relatively little analysis of the practical issues and challenges that arise in efforts to evaluate anti-trafficking work. In the specialized area of criminal justice responses to trafficking, such analysis is virtually non-existent, despite the increasing attention and resources that are being directed to this aspect of the anti-trafficking response. Impact and effectiveness evaluation in the context of international development is both complicated and contested. Multiple theories and elaborate methodologies abound, and these can present a daunting impediment to those seeking practical guidance on the essential problem of determining “what works”. This paper seeks to cut through some of the complexities by focusing attention on several areas that are directly implicated in measuring anti-trafficking interventions in the criminal justice sector. It is the result of a comprehensive review of relevant literature and recent evaluation reports as well as interviews with key players in the field.

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This paper takes a look at the traffickers and trafficking enterprises. It describes patterns of trafficking from and within South Eastern Europe, with particular attention to traffickers and their activities. To date, research has primarily focused on victims of trafficking — who they are and what makes them vulnerable — in an effort to develop counter-trafficking interventions. To complement these studies of victims, studies of traffickers and their operations are also required. There is a need to address traffickers’ behavior. It will require more effective law enforcement and through legal, social and economic reforms to cause the criminals to reassess the economic benefits of perpetrating this crime. This study draws on data from interviews with trafficked persons to reveal insights about traffickers and trafficking operations   to aid in determining the most effective methods of tackling these grave crimes through a strategic use of the criminal justice system and supporting multi-pronged approach.

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