The Crimes of Human Trafficking and Migrant Smuggling: A Comparative Study

Authors

Mustafa Al-Adwy
Police Academy, Egypt
Mohamed Mahmoud Shawky
College of Criminal Justice and Criminology, Naif Arab University for Security Sciences, Saudi Arabia
Karim Mohsen Helal
Arab Center for Technical Cooperation on Migration and Border Management, Naif Arab University for Security Sciences, Saudi Arabia

Keywords:

Security studies, migrant smuggling, human trafficking, border security

Synopsis

This comparative study emerges as a legislative and security imperative, aiming to analyze the conceptual and criminal correlation between the crimes of human trafficking and migrant smuggling, based on international standards. Its significance lies in identifying the fundamental distinction between the two crimes; while human trafficking is considered a crime of continuous exploitation that forcibly deprives individuals of their will without necessitating border crossing, migrant smuggling appears as a transnational crime based on an illicit contractual relationship that often concludes with the act of crossing. This distinction imposes divergent legal responses, especially as the study observed an evolution in Arab legislation to combat trafficking alongside some legislative challenges in confronting smuggling, which necessitates bridging legal gaps and harmonizing guiding laws to achieve a balance between punitive deterrence and humanitarian protection.
On the level of challenges, the study identified the escalating risks of cyberspace as a tool for recruitment, the weak exchange of biometric data between Arab countries, and the difficulty of balancing security requirements with the rights of vulnerable groups. Accordingly, the study calls for adopting a "parallel tracks" strategy that integrates modernizing national laws for migrant smuggling independently, employing smart technologies in criminal prosecution, and concludes by recommending the necessity of establishing a unified regional database and activating partnerships with civil society to ensure a comprehensive security response that preserves the national security of states and safeguards the human dignity of victims and migrants alike.

cover

Published

19-February-2026

Online ISSN

1658-8770

Print ISSN

1658-8762

Details about this monograph

ISBN-13 (15)

978-603-8487-50-1

Publication date (01)

2026-02-19

Physical Dimensions

21cm x 28cm x 0.7cm