Transnational Sexual Exploitation And The Limits Of International Criminal Law: Epstein Scandal
Milonee Dubey, B.A. LL.B., Symbiosis Law School, Hyderabad
Bytaru Samanvita, B.B.A. LL.B., Symbiosis Law School, Hyderabad
INTRODUCTION
The Jeffrey Epstein trial surrounding the sex trafficking and abuse of minors/vulnerable women across borders shows some of the unique contemporary issues that are present in modern international criminal law. This is a multi-faceted, thorough analysis (covering the legal framework of the ICC Rome Statute and the UN Protocol on Trafficking, the facts and magnitude of the Epstein Network, the number and rights of victims, and what to consider when prosecuting such crimes). The Report examines the definitions of acts such as trafficking, enslavement, and sexual enslavement as defined by global laws and whether the evidence found within the Epstein Files qualifies for the "Systematic or Widespread Attack" against humanity criterion. The Report outlines the exploitative networks (trusted intermediaries assisted with recruitment, transportation via private jets, elaborate schemes for concealing money via offshore shell companies) of exploitation. Furthermore, the analysis outlines potential prosecution routes and obstacles to prosecuting Epstein: the ICC's limited jurisdiction (since the US is not a signatory to the Rome Statute), US domestic and international laws (e.g., the Trafficking Victims Protection Act), and rising global claims of Universal jurisdiction. A comparison chart summarises the jurisdictional avenues (Domestic, ICC, Mutual Assistance, and Universal). To date, the only person convicted is Ghislaine Maxwell for sex trafficking, while many of those involved with Epstein's enterprise remain uncharged, demonstrating a concern about being politically shielded from prosecution. Further recommendations include increasing cooperation between states, improving transparency (to adhere to UN recommendations - prosecute all individuals implicated in trafficking), and making legal changes - such as recognising trafficking as a crime under international law and improving anti-money laundering measures. The report also analyses primary sources such as treaties and case law and includes investigative findings. Charts and tables present trafficking flow data, date and event comparisons, and a comparison of relevant laws. The Action Plan recommends further efforts (such as submitting FOIA requests for bank records, developing flight logs) to fully investigate the trafficking network and hold individuals accountable for participation in trafficking activities.
