DISREGARDING ARISTOTLE’S MOTTO “UBI SOCIETAS IBI IUS”: THE BIASED GENESIS OF HUMAN TRAFFICKING PROTOCOL AND THE CONSEQUENCES ON ITS ENFORCEMENT

Abstract

Aristotle’s motto “Ubi societas ibi ius” reminds us not only of the fact that where each society produces its own norms and regulations, but also that there must be a close inter-relation between the social reality of a phenomenon and its normative framework in order for a law to be effectively enforced. The definition of human trafficking contained in the Palermo Protocol was strongly influenced by the complex negotiations featuring different approaches, attitudes and political agendas. This essay will analyze the core contents of the Protocol, from the title to the definition of trafficking, as well as the constitutive elements of the crime, exploring how the legacy deriving from a biased discourse on the trafficking phenomenon did not allow to harvest the full potential of international law as a guiding tool and a common platform for States’ action. As a consequence, the Protocol’s definition is significantly ambiguous and de facto results in its often difficult and uneven transposition at national level.