Explainers

Smuggling vs. trafficking : what does international law say?

Published on
February 25, 2026

What is the difference between smuggling of migrants and trafficking in persons?

Who is considered a victim, and who bears criminal responsibility?

Under international law, smuggling and trafficking are distinct legal frameworks, defined by different elements — including profit, consent, coercion, and exploitation. These distinctions are particularly relevant at sea, where unsafe journeys, rescue operations, and protection obligations intersect.

Understanding these concepts matters: misinterpretation can affect how migrants, refugees, and even rescuers are treated following incidents at sea.

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