While the Protocol may be supplemented by international human rights
instruments on an international level, this does not permeate the
Protocol's effect on national implementation. "The Protocol, and the
domestic legislation it has engendered, have moved the antitrafficking
agenda firmly into the sphere of criminal law enforcement[,]" 38 and
consequently the protection of victims has taken the back burner to law
enforcement priorities. The Protocol's imbalance is mirrored by the
United States' approach of addressing human trafficking The United States signed the Palermo Protocol on December 13, 2000
and ratified it on November 3, 2005.139 The drafters of the Palermo
Protocol acknowledged that prior to its creation there was "no universal
instrument that addresse [d] all aspects of trafficking in persons ... [and]
in the absence of such an instrument, persons who are vulnerable to
trafficking will not be sufficiently protected.""" The Palermo Protocol was
intended to fill this international void by facilitating a comprehensive
approach to combatting human trafficking. 4 While the TVPA was enacted
one month before the Palenno Protocol became open for signature,
they share the similar flaw of prioritizing prosecution over protecting
victims and preventing trafficking. The Protocol's weak provisions relating
to the protection of victims and prevention of trafficking required the
United States to take no further steps to create a more balanced approach
in addressing trafficking. The Protocol ultimately falls short of its intent to
"sufficiently protect" victims, because it fails to require nation states to
prioritize the welfare of the victim above the prosecution of the trafficker.