Slavery Prosecutions in International Criminal Jurisdictions

This article explores how the findings of international criminal tribunals (ICTs) in respect of enslavement as a form of system criminality can be translated for a proper assessment of slavery outside (armed) conflict. The author has found that, while ICTs are jurisdictionally limited to addressing only forms of institutionalized slavery, they have exceeded this restricted understanding of the practice. They have acknowledged that enslavement need not be officially endorsed at all and they have developed parameters for the identification of the actus reus of enslavement that bear relevance for the assessment of the commission of this crime by private individuals beyond the context of armed conflict or widespread repression. A second important contribution of ICTs to notions of enslavement is the differentiation between slavery and related crimes, such as forced marriage. ICTs have indirectly contributed to the law enforcement with respect to enslavement and slavery by expanding and elucidating these concepts. Moreover, the refined differentiations serve the goal of norm expression.