Commercial Marriage Trafficking: Uncovering a Growing New Form of Transnational Human Trafficking, and Shaping International Law to Respond

Abstract

In both the developing and the developed world, a rising demand for brides has led to an increase in marriage migration. As those who migrate for international marriages seek better lives, they become targets for criminal groups engaged in human trafficking. Unfortunately, international law on human trafficking, created as a floor for coordinated action, has become a ceiling; its silence on forced marriage has resulted in little movement on the international or domestic levels to tackle this growing new crime. As a result, marriage migrants, and even some who migrate for labor, are left at the mercy of commercial marriage traffickers. Drawing from work conducted at the United Nations Inter-Agency Project on Human Trafficking, this article uncovers the new phenomenon of commercial marriage trafficking, the conceptual gaps in international law that impede effective responses, and how those gaps can be successfully addressed. The article first introduces the definition of human trafficking under international law, discussing the crime in the context of marriage migration. Failures of international law to address exploitation in this specific context are then exposed and discussed. A new legal definition addressing the real-world realities of commercial marriage trafficking is introduced, turning the focus of scrutiny to the key point of exploitation, the act of marriage itself. The definition is examined through examples from real-world cases, with effective strategies for integrating the definition into existing international law discussed. Finally, key steps that states can immediately take to fight commercial marriage trafficking are drawn from existing international laws on marriage.