in authority found guilty of sexually assaulting
victims of trafficking in their custody.237
CORRUPTION IN INTERNATIONAL LAW
Principle 6 and the treaties cited above
are compatible with the growing body of
international law that seeks to address corruption
more generally, particularly those corrupt
practices with transnational reach or effect.
The most important instrument in this regard
is the United Nations Convention against
Corruption, which entered into force in 2005.
The Convention seeks to promote and strengthen
measures to combat public-sector and private
corruption at both domestic and international
levels. It represents a broad international
consensus on what is required with respect to the
prevention and criminalization of corruption and
in terms of international cooperation and asset
recovery. It applies to all the forms of traffickingrelated corruption and complicity identified at
section 6.1 above. In that context, the most
important provisions of the Convention are as
follows:
• States parties are required to establish specific
corruption-related offences including bribery,
embezzlement of funds; abuse of functions;
trading in influence; and the concealment and
“laundering” of the proceeds of corruption
(arts. 16-19, 23 and 24);
• States parties are required to establish
“obstruction of justice” – defined as the use
of corrupt or coercive means to interfere
with potential witnesses or to interfere with
the actions of judicial and law enforcement
officials – as a criminal offence (art. 25);238
General Assembly resolutions 61/144 (para. 7),
59/166 (para. 8), 57/176 (para. 8), 55/67 (para. 6),
52/98 (para. 4) and 51/66 (para. 7).
237
Note that article 23 of the Organized Crime
Convention also requires criminalization of the obstruction
of justice in a context that would directly cover proceedings
related to trafficking in persons cases.
238
• States parties are required to put in place
a range of preventive measures directed
at both public and private sectors. These
include preventive anti-corruption policies,
systems, procedures and institutions that
promote the participation of society and
reflect basic principles of the rule of law,
proper management of public affairs and
public property, integrity, transparency and
accountability (chap. II); and
• States parties are to cooperate with one
another in every aspect of the fight against
corruption including prevention, investigation
and the prosecution of offenders. Countries
are bound to render one another specific
forms of mutual legal assistance in gathering
and transferring evidence for use in
prosecutions, to extradite offenders and to
support the tracing, seizure and confiscation
of the assets of corruption (chap. IV, especially
arts. 43-44).
The United Nations Convention against
Corruption builds on and reinforces a number of
regional agreements on these issues including
the African Union Convention on Preventing and
Combating Corruption and Related Offences; the
Inter-American Convention against Corruption;
the OECD Convention on Combating Bribery of
Foreign Public Officials in International Business
Transactions; the Council of Europe Criminal Law
Convention on Corruption (criminalizing acts
of corruption); and the Council of Europe Civil
Law Convention on Corruption (providing for
compensation for victims of corruption).
6.3. STATE RESPONSIBILITY AND DUE
DILIGENCE IN THE CONTEXT OF PUBLICSECTOR COMPLICITY IN TRAFFICKING
Principle 6 confirms that States are responsible
for identifying and responding to public-sector
complicity in trafficking. Under Principle 2
and related guidelines, this Commentary set
COMMENTARY
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