Human Trafficking and Sexual Slavery

2017 ◽  
pp. 127-134
Author(s):  
Melanie O’Brien
Author(s):  
Michala Chadimova

Crimes committed by the members of Boko Haram in Nigeria are not only the subject of national trials but also of preliminary examination at the International Criminal Court (ICC). This article focuses on the sexual slavery perpetrated by Boko Haram, describes how the crimes are viewed within the national Nigerian criminal process and addresses the possibility of prosecution of the crimes at the ICC.<br/> This article analyses the legal terminology used to describe the crimes connected to Boko Haram – enslavement, sexual slavery, human trafficking and terrorism – and their interaction. While providing an overview of the ICC's current preliminary examination into the situation in Nigeria, this article discusses how the principle of complementarity is potentially holding the OTP back from the formal investigation.<br/> Furthermore, an overview of cases at the ICC that have involved charges of sexual slavery or enslavement will be provided. By analysing the Court's findings in relation to elements of sexual slavery, this article provides an insightful view into the Court's rhetoric on this crime. Similarly, this article discusses modes of liability that have been employed in the Katanga/Chui and Ntaganda cases and provides a learning opportunity for future cases of sexual slavery as both a crime against humanity (Article 7(1)(g) of the Rome Statute) and a war crime (Article 8(2)(e)(vi) of the Rome Statute; 8(2)(b)(xxii) of the Rome Statute).


2012 ◽  
pp. 35-42
Author(s):  
Milan Dharel

Human Trafficking has been in debate of development and human rights interventions for past many years. With the changes in social political and economic context the understanding and responses on combating human trafficking has been widening. Yet, the debate has been heavily influenced by human trafficking for sexual slavery and later on labor exploitation followed by organs transplantation. Anti Human trafficking interventions in Nepal is still much influenced by protectionist conception and undermining the global economics and politics related to human trafficking concern. In addition, the interventions are much more focused on boarder control and punishing the petty criminals. The circus of human trafficking, despite of protest, control and protection interventions, have been in existence with flourishing market and effective influence. The paper discusses that, to stop the circus of human trafficking, interventions should go beyond romantic heroism, petty criminal boarder control action and further need to claim accountability of larger actors sitting far behind the curtains.


Author(s):  
Nina H B Jørgensen ◽  
Regina E Rauxloh

Abstract This article challenges the notion that the crime of enforced prostitution is subsumed by the newer characterisation of sexual slavery. Based on a fresh analysis of the historical jurisprudence, the authors argue that the blameworthy conduct at the core of enforced prostitution distinguishes the crime from sexual slavery because it focuses on the fact that the perpetrator seeks to profit from the coerced sexual acts to which the victims are subjected. Having regard to the context of modern atrocities, this article argues that enforced prostitution is closely tied to organised crime and human trafficking and therefore should be resurrected in such contexts as an appropriate category to target the profiteers of sexual violence who do more than enslave their victims by effectively systematising rape for profit. Rather than being viewed as an outdated offence, enforced prostitution should therefore be more actively considered by prosecutors as a primary or alternative charge in accordance with international principles on cumulative charges and convictions.


Author(s):  
Louise Shelley
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