Practitioner's Insights – The Importance of Strategic Litigation to Fight Human Trafficking and (Labour) Exploitation

This article calls for an increased use of strategic litigation in the anti-trafficking field to ensure long-lasting systemic reforms. While generally, the prosecution of human trafficking or related severe forms of labour exploitation, like forced labour, is quite challenging and prosecutions and convictions lag seriously behind, it is argued that strategic litigation, meaning continuing legal action, aimed at achieving rights-related changes in law, policy, practice, and/or public awareness, can help to ensure that justice is delivered to victims, as several landmark cases also show. Efforts to counter human trafficking through strategic litigation by NGOs remain in their infancy, among others as they are resource-intensive and require access to experienced lawyers in high level courts. The author discusses some examples and dilemmas and identifies needs for NGOs to use strategic litigation more often as an effective tool to effectuate systemic change.

'On My Own': the Exploitation of Street-involved Children on the Rapidly Changing Thai-Cambodian Border

The effects of regional and national conflicts often have pronounced impacts on the psychosocial and socioeconomic development of children, not only for those who directly experience conflict, but also for subsequent generations. The city of Poipet, which runs along the Thai-Cambodian border, has been in a unique position to observe these effects. From the refugee camps on the Thai side of the border in the 1980s, through the writing of Cambodia's constitution in the 1990s, to the long period of recovery in which the areas have become synonymous with unsafe migration, trafficking, and various forms of exploitation.<br/> The data shows that children who crossed the border for work demonstrated a heightened risk to physical and sexual violence. Gender was also found to be a considerable risk factor for street-involved children, with boys twice as likely as girls to disclose experiences of physical violence, and four times as likely to disclose experiences of sexual violence. Despite this, neither males nor females perceived sexual violence as a danger for males.<br/> This research draws on primary data collected from 80 street-involved Cambodian children living and/or working along the Thai-Cambodian border area of Poipet and Aranyaprathet and offers an initial analysis of their key experiences, perspectives, and vulnerabilities.

On a Continuum of Roles: Women as Key Socialization Actors of Other Women in Al-Shabaab

In current research the role of women in terrorist organizations has remained largely underexposed. This article responds to the call to draw attention to the active women's role in terrorist organizations by uncovering how women in terrorist organizations, specifically Al-Shabaab, socialize with other women who enter or change roles within the organization. This has been done through a literature review, which integrates the insights drawn from papers on the role of women in terrorist organizations with current knowledge on organizational socialization. The research shows that women are active in a wide array of roles and that they should not only be viewed as passive victims. Furthermore, women already familiar with the terrorist organization are especially important for the socialization of female newcomers and their role in maintaining the terrorist organization should not be ignored. The article also sheds light on how the theory of organizational socialization could be improved. As the results provide a better understanding on how socialization might differ depending on the degree of autonomy the newcomer has and what insights it might provide for other criminal organizations.

Better Late than Never: Reparations for Sexual Violence in the Ntaganda case before the International Criminal Court

The Prosecutor v Bosco Ntaganda case at the International Criminal Court (ICC) represents the long awaited first reparation order for sexual violence at the court. This will hopefully see the implementation of reparations for the war crimes and crimes against humanity of rape and sexual slavery among civilians and former child soldiers, after previous cases such as against Jean-Pierre Bembe and Laurent Gbagbo were acquitted of rape. This article drawing from the author's role as a reparation expert in the case, is a reflection on the challenges of designing and providing reparations at the ICC against convicted individuals, as well as amidst insecurity and the COVID-19 infectious disease pandemic. It begins by discussing how the Ntaganda reparation order expanded reparation principles for the first time since the Lubanga case, in particular for crimes of a sexual nature. This is followed by an outline of some of the harms as a result of sexual violence from the perspective of an expert with a medical background. The analysis then turns to the appropriate reparations in this case and the details contained within the chamber's reparation order. Final conclusions consider how the procedural and substantive elements of reparations in this case will be instructive to future cases that address sexual violence. Ultimately, key insights are offered on the modest contribution an appointed reparation expert can do in assisting a trial chamber in the reparation process.

Sexual Terrorism and Social Stigma: How Stigma Influences the Pathway to Justice for Survivors of Boko Haram, and Potential Ways Forward

Boko Haram has victimised numerous women and girls using tactics of sexual terrorism. As criminal justice for this crime is rarely obtained, this article seeks to find ways to bring social justice to its survivors. However, the stigmatisation of the survivors, which is signalled to frequently occur, hampers this process greatly. As survivors of sexual terrorism suffer from stigma, they are being denied social justice, since their position in society is compromised or their suffering is even being denied. This article comprises a literature review that aims to combine published work concerning sexual terrorism, social justice and stigma in an explorative, yet systematic way to identify underlying mechanisms and classify potential ways forward. It was found that stigmatisation, both from wider society as survivors' close connections can have a great psychological impact, on top of the frequently severe physical, psychological, and socio-economic consequences that sexual terrorism already brings forward. Six kinds of interventions were found to reduce the survivor's suffering and stigmatisation, thereby enlarging their social justice.

(Preventing) Secondary Victimisation of Trafficking Victims through Law Enforcement Interventions

Secondary victimisation during criminal proceedings is a serious risk for victims of trafficking who participate in these proceedings. Psychological consequences of trafficking and pre-existing vulnerabilities make them prone to secondary victimisation. Based on empirical research among trafficking victims, stakeholders and of criminal files, the article provides insights on the psychological consequences of human trafficking and identifies a number of risk factors. These are: lack of identification, lack of safety and trust, not being believed, repetition and intensity of hearings, disrespectful treatment, lack of empathy and lack of knowledge about victim's rights. These factors are discussed and contextualised in the current discourse with the ultimate aim to provide indications on the prevention of secondary victimisation. The article unveils the discrepancy between victims' expectations towards the police to take them out of a trafficking situation, even if they decline assistance and police's perceptions on their ability to intervene only if the victim accepts assistance. This leads to the call for further research in order to answer the question to intervene or not to intervene.

International Criminal Court (ICC): Dominic Ongwen

On 4 February 2021, the ICC's Trial Chamber IX found Lord Resistance Army's Commander Dominic Ongwen guilty for a total of 61 crimes comprising crimes against humanity and war crimes, including many conflict-related sexual and gender-based violence crimes, committed in Northern Uganda between 1 July 2002 and 31 December 2005. On 6 May 2021, Dominic Ongwen was sentenced to 25 years imprisonment for these crimes.<br/> In this Q&A we discuss this case with three renowned experts, namely Victoria Nyanjura (Survivor, Founder Women in Action for Women Uganda), Joseph Manoba (lawyer and Legal Representative for victims in the Ongwen case) and Lorraine Smith van Lin (independent victim's rights expert). By answering 11 questions, they provide insight in the complexity of this case, including how it is perceived by LRA victims and survivors in Uganda.

Sexual Slavery and Members of a Terrorist Group – What is the Future of the 'Boko Haram' Trial at the International Criminal Court?

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).

Intersectionality: Explaining SGBV Interlinked with Terrorism and Other International Crimes

Sexual and gender-based violence (SGBV) is often intertwined with and nested within other violations of international criminal law (ICL) as part of a broader attack against a group. However, ICL is not giving enough visibility to this nexus of crimes rooted in the intersection of identities and discrimination that underpins SGBV during conflict. Intersectionality is a concept originated in feminism and progressively recognized by international human rights law (IHRL). It posits that SGBV is caused by gender 'inextricably linked' with other identities and factors that result in compounded discrimination and unique aggravated harms. Based on case studies, this paper argues that ICL should integrate an intersectional approach based on identity and discrimination to address the nexus between SGBV and broader international crimes. Intersectionality enables a better understanding of the causes, harms, and gravity of SGBV, and it provides consistency with an IHRL interpretation. The article begins setting out the foundations of intersectionality in feminism and IHRL, and its applicability to ICL. It then applies intersectionality to two case studies that demonstrate the interlink of SGBV with broader violations of ICL: The Revolutionary United Front Case (RUF) trial judgment of the Special Court for Sierra Leone (SCSL) concerning SGBV and the war crime committing acts of terrorism, and Al Hassan, prosecuted at the International Criminal Court (ICC), concerning SGBV and the crime against humanity of persecution. It concludes with final remarks on why and how ICL would benefit from integrating an intersectional approach to SGBV.

Case Note – Justice Served?: Ashwaq Haji Hamid Talo's Confrontation and Conviction of Her Islamic State Captor

Over five years after the Islamic State (IS) terrorist group launched its genocidal attack against the Yazidi ethno-religious minority community in Sinjar, Northern Iraq, calls for 'justice' remain largely unanswered. While hundreds of IS members have been tried and convicted of their group affiliation, few have faced charges for crimes committed against the Yazidis. However, in March 2020, Ashwaq Haji Hamid Talo – a 20-year-old Yazidi woman – took the stand of a Baghdad courtroom and played a driving role in the prosecution and conviction of her attacker. Through examination of her case in the context of wider political and procedural concerns for trying IS members, this article highlights both the opportunities and challenges for individual victims and the wider Yazidi community to secure meaningful 'justice'.