State Accountability for Gross Human Rights Violations Arising from Human Trafficking Syndicates Based on the Principle of Justice

Abstract

The crime of human trafficking (TPPO) has now transformed into a form of modern slavery that is systemic and organized, reducing the most fundamental human rights into mere market commodities. When a state fails to fulfill its due diligence obligations to prevent, protect, and prosecute perpetrators, such inaction may be qualified as a form of gross human rights violation committed through omission. This study examines the urgency of recognizing human trafficking on a syndicate scale as a gross human rights violation that triggers state responsibility erga omnes. This research employs a normative-juridical method with conceptual and statutory approaches to deconstruct the concept of state responsibility in international and national law. The primary focus of the analysis lies in how to integrate the principle of Dignified Justice into the framework of state accountability, in order to shift the paradigm from merely imposing conventional criminal punishment toward the comprehensive restoration of victims' rights. The findings conclude that state accountability should no longer be limited to reactive and sporadic criminal law enforcement efforts. A reconstruction of legal norms is required to position the state as the primary party responsible for losses suffered by victims due to systemic negligence. This reconstruction is based on the state's obligation to provide restitution, rehabilitation, and compensation, as well as to guarantee non-recurrence through policy reforms that uphold the human dignity of victims as sovereign legal subjects.