Who can be held criminally responsible under smuggling laws?

International law defines smuggling as facilitation of irregular entry for financial or material benefit and specifies that migrants should not be criminalized solely for having been smuggled — including when intercepted or rescued at sea. In practice, however, approaches sometimes differ.

Migrants have at times been prosecuted for steering boats, and some domestic “facilitation” offences do not require proof of profit, creating uncertainty for rescuers and maritime actors.