The predominant international approach to human trafficking is focused on
law enforcement strategies and techniques. The Protocol is a subset of the
convention regarding transnational organized crime' 9; a State cannot become a party to the Protocol without first signing the convention. 20 Human trafficking is
accordingly treated as a subset of the fight against transnational organized
crime. 21
Gallagher explains that "[t]he origins of the Trafficking Protocol can be
traced back to Argentina's interest in the issue of trafficking in minors and its
dissatisfaction with the slow progress on negotiating an additional protocol to
the Convention on the Rights of the Child (CRC) to address child prostitution
and child pornography." 22 Argentina was also concerned that the human rights
paradigm could not adequately address child prostitution and child
pornography and "lobbied strongly for trafficking to be dealt with as part of the
broader international attack on transnational organized crime." 23
Criminalization of trafficking is axiomatic to the law enforcement
approach.24 The Protocol focuses on strong state obligations to make trafficking a
criminal act in domestic legislation. The number of states that have criminalized
trafficking is used as a yardstick to determine how the global community is
faring in its war on trafficking in persons.25
This criminal focus brings up many controversial issues regarding the type
of behavior that should be considered a crime. Bruch, an law professor and
human trafficking scholar notes that this controversy basically centers on the
thorny issues of whether prostitution should ever be a legal option; the role of
"consent"; and what protections should be afforded to apparently willing
participants in "sex work