Introduction: Medical professionals play a crucial role in enabling, preventing, and curbing the crimes of organ trafficking and human trafficking for the purpose of organ removal. Recently, the Council of Europe Convention Against Trafficking in Human Organs (CoE Convention) criminalised illicit organ removal and a wide range of related activities, so as to effectively prosecute persons committing these crimes domestically and internationally. It is of paramount importance that medical professionals are made aware of when their actions may amount to a violation of organ and human trafficking law and what obligations they may have in preventing and curbing these crimes.
Methods:  An analysis of the international criminal law frameworks on organ trafficking and human trafficking was conducted to narrow down the provisions that are directly applicable to medical professionals. In addition, the legal obligations to prevent and curb these crimes under these frameworks were also examined so as to determine those relevant to medical professionals. Finally, law enforcement officers, international prosecutors, and transplant professionals were consulted so as to highlight the added value of the CoE Convention and to identify the challenges raised byethical obligations and by criminal law procedures that may impact upon the prevention and curbing of these crimes.
Results and Discussion: We found that medical professionals can be indirect breach of the CoE Convention when they intentionally remove an organ without valid consentor in exchange forfinancial gain. In addition, they can be held criminally liable under four additional provisions for related illicit conduct. Although medical professionals may exceptionally also be prosecuted under the human trafficking framework, we discovered that possible crimes on their part are easier to establish and prosecute under the criminal law framework on organ trafficking. As a result, the framework on organ trafficking, introduced by the CoE Convention, turns out to be of crucial importance. However, we also found that the frameworks on organ trafficking and human trafficking do not specify the obligations of physicians to assist in the prevention and curbing ofthese offences. As a result, some crucial issues that may considerably hinder prosecutorial efforts and the prevention of the crimes (e.g., reporting of returning transplant tourists; medical confidentiality) are left unaddressed.
Conclusion:The CoE Convention sets a solid foundation to target medical professionals participating in organ trafficking. However, tangible policy measures are urgently needed to define the responsibilities and obligations of physicians to prevent and curb these crimes.