Prosecuting Human Trafficking for the Purpose of Sexual Exploitation under Article 7 of the Rome Statute: Enslavement or Sexual Slavery?

2019 ◽  
Vol 3 (1) ◽  
pp. 35-57
Author(s):  
Farah Mahmood
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).


2020 ◽  
Vol 2 (1) ◽  
pp. 46-51
Author(s):  
Ida Monika Putu Ayu Dewi

Laws are the norms that govern all human actions that can be done and should not be carried out both written and unwritten and have sanctions, so that the entry into force of these rules can be forced or coercive and binding for all the people of Indonesia. The most obvious form of manifestation of legal sanctions appear in criminal law. In criminal law there are various forms of crimes and violations, one of the crimes listed in the criminal law, namely the crime of Human Trafficking is often perpetrated against women and children. Human Trafficking is any act of trafficking offenders that contains one or more acts, the recruitment, transportation between regions and countries, alienation, departure, reception. With the threat of the use of verbal and physical abuse, abduction, fraud, deception, abuse of a position of vulnerability, example when a person has no other choice, isolated, drug dependence, forest traps, and others, giving or receiving of payments or benefits women and children used for the purpose of prostitution and sexual exploitation. These crimes often involving women and children into slavery. Trafficking in persons is a modern form of human slavery and is one of the worst forms of violation of human dignity (Public Company Act No. 21 of 2007, on the Eradication of Trafficking in Persons). Crime human trafficking crime has been agreed by the international community as a form of human rights violation.  


2018 ◽  
Vol 28 (6) ◽  
pp. 2091-2100
Author(s):  
Venelin Terziev ◽  
Hristo Bonev

This article outlines the three main prostitution organization types as well as hierarchical structures in criminal organizations dealing with human trafficking, prostitution and sexual exploitation. Several major categories of personages are directly involved in organized crime groups. The main indicators for assessing the prostitution prevention are defined and the principles for system management and management are justified. The three factors of prostitution management - psychological, social and financial - are outlined. An evaluation of the prostitution market has been carried out and the functions of the domestic and external markets for paid sex are described. The data provided gives us a reason to assume that the consumption of sexual services is increasing.


2017 ◽  
Vol 24 (4) ◽  
pp. 555-572
Author(s):  
Amy M Russell

The spaces of trafficking for sexual exploitation have profound effects on the embodiment of women who are forced to live within them. This article argues that the spaces of human trafficking can be understood as abject spaces, and as such, they trouble multiple boundaries including those between hidden and exposed, domestic and commercial, and public and private. This article provides a theoretically speculative engagement with notions of abject space and mimicry to add a further dimension to the debate on the nature of the spaces of trafficking. These abject spaces, and the sexual exploitation that takes place within them undermines women’s notions of bodily integrity, yet I argue there is agency to be found in the loss of embodied identity. The basis for this engagement is an analysis of a series of documents written by women who were trafficked from post-Soviet countries to Israel. It will conceptualise the ways women survive in such a space by challenging bounded notions of the body.


2021 ◽  
Vol 6 (2) ◽  
pp. 231-246
Author(s):  
Laura Cordisco Tsai ◽  
Jonna Eleccion ◽  
Ankita Panda

Pandemics disproportionately devastate those who are most vulnerable, including people who have experienced human trafficking. While numerous stakeholders have raised concerns regarding the potential effects of the Covid-19 pandemic on trafficked persons, very limited research exists documenting the effects of Covid-19 upon survivors. To understand the cross- cutting impacts of the Covid-19 pandemic upon human trafficking survivors, we must first listen to survivors themselves about how their basic safety, security, and health have been affected. We present findings from a rapid assessment conducted with human trafficking survivors in the Philippines regarding their experiences, needs, and priorities during the Covid-19 pandemic (n=233). Results of the rapid assessment revealed four primary concerns and priorities from the perspectives of survivors: food insecurity, loss of employment, mental health concerns, and an escalation in crisis incidents, with greater impact reported among those trafficked for sexual exploitation. Findings reinforce the need to broaden definitions of safety and facilitate emergency interventions that prioritize the most urgent needs articulated by survivors themselves.


2021 ◽  
pp. 089801012110455
Author(s):  
Marielle A. Combs ◽  
Tracy Arnold

Human trafficking, also known as modern-day slavery, is a public health crisis and a growing worldwide crime exploiting approximately 40.3 million victims. A decade ago approximately 79% of human trafficking crimes were related to sexual exploitation and 18% were related to forced labor, but more recent reports show approximately 50% and 38%, respectively. Although sexual exploitation continues to make up the majority of human trafficking crimes, forced labor continues to grow at an alarming rate. The purpose of this paper is 2-fold. First, to empower healthcare providers and community volunteers serving potential victims of human trafficking in traditional and nontraditional settings with human trafficking identification training. This education should include the use of a validated human trafficking screening tool and the timely provision of resources. Second, to guide professional nurses in the holistic approach to caring for potential victims of human trafficking. The core values of holistic nursing practice and Watson's Theory of Human Caring are the pillars guiding mindful and authentic nursing care. Merging evidence-based practice with holistic care will boost victim identification and rescue.


Author(s):  
Keith F. Durkin ◽  
Ronald L. DeLong

Internet crimes against children are a problematic yet often misunderstood phenomenon. Prominent examples of these offenses include child pornography, adults soliciting minors online, and the commercialized sexual exploitation of minors (e.g., human trafficking). Drawing upon recent research, the characteristics of offenses, offenders, and victims are examined. A multitude of issues related to the psychological assessment, classification, and treatment of the individuals who commit these offenses are also explored. Strategies for the prevention of this behavior and protection of minors online are discussed.


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