The research deals with the legal confrontation with the crime of human trafficking in the Anti-Human Trafficking Law No. (28) of 2012, as the crime of human trafficking, is one of the most prominent manifestations of the grave violation of human rights and fundamental freedoms. Where this crime involves a waste of the humanity of the person and an insult to his dignity from multiple angles, including the right to life, health, work, and not to be subjected to torture, and wastes his right to have a legal personality. Moreover, acts of human trafficking carry with it all forms of attacks on human humanity, and return people to the time of slavery. Whereas the crime of human trafficking is one of the most prominent forms of transnational organized crime, in addition to the modern information and communications revolution that has led to the globalization of methods of committing crimes. Consequently, the traditional criminal legislation became deficient in confronting national and non-national crimes, especially with regard to the crime of human trafficking which is mostly committed by gangs or organized criminal groups. Therefore, legislation of the Anti-Human Trafficking Law No. (28) of 2012 represented a necessity and importance at the same time to confront this dangerous criminal model that threatens and wastes human humanity. On the other hand, the legislation of this law comes in response to the international obligations that Iraq has to implement, which are contained in the relevant agreements prohibiting and criminalizing acts of human trafficking and the protocols attached thereto. In this research, we tried to identify the most important obstacles and problems of the legal confrontation with this criminal model and the mechanisms for its activation, whether it is related to the legislative or judicial aspect. Or which related to other law enforcement aspects. The most important flaws in the legislative drafting of the law were explained, which would weaken the criminal protection of the interests protected by criminalizing acts of human trafficking, and the dignity and nature of mankind. We have also clarified the most important amendments that must be made to the law in order for it to be in line with the international criminal confrontation. In order to achieve an effective confrontation that would reduce the crime of trafficking in human beings and be more capable of achieving criminal justice.
DOI : https://resmilitaris.net/menu-script/index.php/resmilitaris/article/view/595
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