This document is the result of a regional research study conducted within the framework of a project implemented in Serbia, Bosnia and Herzegovina, and Montenegro from April 2024 to June 2025. The aim of the research was to examine the link between the use of information and communication technologies (ICT) in the context of migrant smuggling and the normative and institutional responses of states that are parties to the Convention on Cybercrime, as well as their obligations arising from the Protocol against the Smuggling of Migrants.
The research was conducted in two phases. The first phase focused on field data collection, which included semi-structured interviews with migrants and representatives of civil society organizations, as well as data gathered through an online questionnaire. Fieldwork was carried out in various settings, including temporary reception centers, information and support sites for migrants, and online platforms. The research adhered to the principles of confidentiality, voluntariness, and personal data protection, with full respect for ethical standards in research involving vulnerable groups. The questionnaires and interviews were based on the analytical framework defined in the document Methodology for National Inputs on the Modalities of the Use of High Technology (‘ICT’) by Organized Criminal Groups and the Risks to which Migrants are Exposed, developed in consultation with experts in criminal law, security, cybercrime, and human rights.
The research team documented patterns of digital tool use by smuggling networks, the decision-making processes of migrants, the vulnerabilities they face, and the communication channels between migrants and relevant authorities. During the fieldwork, information was also gathered through meetings with relevant institutions and participation in expert forums. The collected information was consolidated into national reports, which served as the basis for the preparation of this document.
Based on the information collected during the first phase, a methodology was developed for the analysis of the legal framework, with the aim of examining the relationship between the obligations of states party to the Convention on Cybercrime and the legal framework for combating migrant smuggling—the second phase. The Second phase included a comparative analysis of the legal frameworks in all three countries, focusing on the alignment of national legislation with the provisions of the Protocol and the Convention. Additional interviews were also conducted with investigative bodies, public prosecutors, police structures, and other relevant actors involved in the protection of the rights of smuggled migrants, including independent human rights protection bodies.
The primary objective of this study is to enable a deeper understanding of the growing interconnection between digital crime and migrant smuggling. The study seeks to consolidate and systematize operational data on specific actions taken by smugglers that rely on digital technologies, with particular attention given to whether and to what extent these actions fall under the legal definitions of cybercrime. Based on this analysis, the aim is to identify gaps and inconsistencies in the existing legislation and highlight the need for the introduction of specific legal qualifications that would facilitate better identification, evidence gathering, and prosecution of digitally facilitated forms of smuggling.
In this regard, we believe that this analytical effort will contribute to a deeper understanding of the complexity of the issue and provide relevant insights that may be useful to policymakers in shaping, developing, and improving strategic and normative responses in this area. Additionally, this type of research and fieldwork provides direct insight into the scope of information held by civil society organizations, which may be relevant for the operational work and investigations conducted by competent state authorities.
An effective and sustainable system for combating migrant smuggling must be based on the consistent application of international standards, particularly those contained in the Protocol against the Smuggling of Migrants by Land, Sea, and Air. In this context, the study provides an overview of the current level of alignment of domestic legislative and institutional frameworks with the provisions of the Protocol, not only in terms of criminalization and the criminal justice response, but also regarding other key obligations assumed by states upon ratifying this instrument.