offences under its internal law, the use of services [of a victim of trafficking] … with the knowledge that the person is a victim of trafficking in human beings. The Explanatory Report to the European Trafficking Convention confirms that this provision was prompted by a desire to discourage the demand for exploitable people that drives trafficking. The provision also seeks to secure the potential criminalization of individuals involved in trafficking against whom the requisite elements of the crime may be difficult to prove. For example, the owner of business premises used for trafficking may not have undertaken any of the “actions” set out in the definition or used any of the required “means”, such as deception or coercion. Article 19 would enable the criminal prosecution of that individual if it could be shown that he or she knowingly made those premises available for the use of a trafficker. The Explanatory Report (para. 232) provides an additional example of situation in which article 19 could apply: “[t]he client of a prostitute who knew full well that the prostitute had been trafficked could likewise be treated as having committed a criminal offence … as could someone who knowingly used a trafficker’s services to obtain an organ.” Intent is the key element in the offence proposed under article 19. While evidence of a non-material ingredient such as intent may be difficult to prove, the Explanatory Report envisages (para. 235) that the perpetrator’s intention can indeed be inferred from objective factual circumstances.184 Criminalizing the use of the services of a trafficking victim – where the user knew or recklessly disregarded the fact that the individual involved was a victim of trafficking – is well within the spirit of the Principles and Guidelines. It addresses a critical link in the trafficking chain and can be considered a key aspect of a comprehensive strategy to reduce the demand for the goods and services produced through the exploitation of trafficked persons. The Principles and Guidelines provide an important framework for the important task of fleshing out the legal and policy parameters of this strategy. Note that this issue is also considered in the context of the discussion on the general obligation of criminalization set out in Principle 12 and related guidelines. SEE FURTHER: • Human rights-based approach to trafficking: part 2.1, sections 1.1-1.5 • Vulnerability to trafficking: part 2.2, sections 5.1-5.7 • Criminalization of trafficking and related offences: part 2.4, sections 12.1-12.3 Note that article 6 (2)(f) of the Organized Crime Convention states, in reference to criminalizing laundering of the proceeds of crime, that: “Knowledge, intent or purpose required as an element of an offence set forth in paragraph 1 of this article may be inferred from objective, factual circumstances”. The Explanatory Report on the European Trafficking Convention cites this provision in connection with its discussion of article 19. 184 COMMENTARY 103