The Crime of Illegal Migration under Libya Law

Abstract

This research examines the crime of illegal migration under Libyan Law No. (19) of 2010 on Combating Illegal Migration. It discusses the concept of illegal migration, its economic, social, and political causes, and its impacts on the economic, social, political, and security sectors. The study also analyzes the position of the Libyan legislator, who adopted a criminalization policy by criminalizing various acts, including the illegal entry of migrants, migrant smuggling, transportation, harboring, the forgery of travel and identity documents, and the organization or facilitation of illegal migration. Furthermore, the research addresses the punitive policy adopted by the legislator through imprisonment, fines, and enhanced penalties in aggravating circumstances, particularly when the offense is committed by organized criminal groups or results in serious consequences. Finally, the study highlights the preventive measures prescribed by law, including confiscation of the proceeds and instrumentalities of the crime and the deportation of illegal migrants, reflecting the Libyan legislator’s commitment to combating illegal migration and safeguarding national security and public order