Asian Journal of International Law
Volume 8, Issue 1, 2018, Pages 166-188

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 (Review)

Gerry Qc F. , Harré T. , Naibaho N. , Muraszkiewicz J. , Boister N.
  • a Charles Darwin University, Australia
  • b University of Melbourne, Australia
  • c Universitas Indonesia, Indonesia
  • d Vrije Universiteit Brussel, Belgium
  • e University of Waikato, New Zealand

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. © 2016 Asian Journal of International Law.

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Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-84990223677&doi=10.1017%2fS2044251316000230&partnerID=40&md5=1403621923c4c658d34281f42e93292f
DOI: 10.1017/S2044251316000230
ISSN: 20442513
Cited by: 1
Original Language: English