Reconstruction of State Responsibility in the Prevention of Cross-Border Trafficking in Persons Based on the Principle of Due Diligence in International Law

Abstract

Cross-border trafficking in persons constitutes an egregious violation of fundamental human rights and a severe transnational threat that exposes the limitations of classical state responsibility paradigms. Traditional international law frequently restricted state accountability to direct official actions, leaving abuses perpetrated by non-state criminal networks inadequately addressed. This research investigates the theoretical and practical imperatives for reconstructing state responsibility through the rigorous application of the due diligence principle in international and national law. Employing a normative juridical methodology with conceptual, statutory, and comparative approaches, the study demonstrates that due diligence elevates state responsibility from a passive obligation of non-intervention into an active, ongoing duty of care encompassing prevention, protection, prosecution, and effective remediation. The analysis indicates that operationalizing due diligence requires robust domestic legal harmonization, enhanced inter-agency institutional coordination, stringent corporate liability, and seamless international cooperation. Ultimately, this doctrinal reconstruction provides a comprehensive framework that bridges the gap between international treaty commitments and practical domestic enforcement, ensuring a more accountable global order dedicated to eradicating modern human exploitation and safeguarding human dignity.