Practice Related to Rule 94. Slavery and Slave Trade

Slavery Convention
In Article 2 of the 1926 Slavery Convention, the contracting parties agreed to “prevent and suppress the slave trade” and to “bring about, progressively and as soon as possible, the complete abolition of slavery in all its forms”. 
Convention to Suppress the Slave Trade and Slavery, adopted by the League of Nations, Geneva, 25 September 1926, as amended by the Protocol amending the Slavery Convention, adopted by the UN General Assembly, Res. 794 (VIII), 23 October 1953, Article 2.
Article 1 provides the following definitions:
(1) Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.
(2) The slave trade includes all acts involved in the capture, acquisition or disposal of a person with intent to reduce him to slavery; all acts involved in the acquisition of a slave with a view to selling or exchanging him; all acts of disposal by sale or exchange of a slave acquired with a view to being sold or exchanged, and, in general, every act of trade or transport in slaves. 
Convention to Suppress the Slave Trade and Slavery, adopted by the League of Nations, Geneva, 25 September 1926, as amended by the Protocol amending the Slavery Convention, adopted by the UN General Assembly, Res. 794 (VIII), 23 October 1953, Article 1.
IMT Charter (Nuremberg)
Article 6 of the 1945 IMT Charter (Nuremberg) provides that “deportation to slave labor or for any other purpose of civilian population of or in occupied territory” is a war crime and that “enslavement” is a crime against humanity. 
Charter of the International Military Tribunal for Germany, concluded by the Government of the United States of America, the Provisional Government of the French Republic, the Government of the United Kingdom of Great Britain and Northern Ireland, and the Government of the Union of Soviet Socialist Republics, acting in the interests of all the United Nations and by their representatives duly authorized thereto, annexed to the London Agreement, London, 8 August 1945, Article 6.
European Convention on Human Rights
Article 4(1) of the 1950 European Convention on Human Rights provides: “No one shall be held in slavery or servitude.” According to Article 15(2), Article 4(1) is non-derogable. 
European Convention for the Protection of Human Rights and Fundamental Freedoms, Rome, 4 November 1950, as amended by Protocol No. 11, Strasbourg, 11 May 1994, Articles 4(1) and 15(2).
Supplementary Convention on the Abolition of Slavery
Article 1 of the 1956 Supplementary Convention on the Abolition of Slavery provides that “each of the States Parties … shall take all practicable and necessary legislative and other measures to bring about progressively and as soon as possible the complete abolition or abandonment” of slavery and institutions and practices similar to slavery, such as debt bondage, serfdom and inheritance or transfer of women or children. 
Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, adopted by a Conference of Plenipotentiaries convened by the UN Economic and Social Council pursuant to Res. 608 (XXI), Geneva, 7 September 1956, Article 1.
International Covenant on Civil and Political Rights
Article 8 of the 1966 International Covenant on Civil and Political Rights provides:
1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.
2. No one shall be held in servitude. 
International Covenant on Civil and Political Rights, adopted by the UN General Assembly, Res. 2200 A (XXI), 16 December 1966, Article 8.
According to Article 4(2) of the Covenant, the prohibition of slavery and servitude is non-derogable. 
International Covenant on Civil and Political Rights, adopted by the UN General Assembly, Res. 2200 A (XXI), 16 December 1966, Article 4(2).
American Convention on Human Rights
Article 6(1) of the 1969 American Convention on Human Rights provides: “No one shall be subject to slavery or to involuntary servitude, which are prohibited in all their forms, as are the slave trade and traffic in women.” Article 27(2) states that this prohibition is non-derogable. 
American Convention on Human Rights, adopted by the OAS Inter-American Specialized Conference on Human Rights, San José, 22 November 1969, also known as Pact of San José, Articles 6(1) and 27(2).
Additional Protocol II
Article 4(2)(f) of the 1977 Additional Protocol II provides that “slavery and the slave trade in all their forms” are and shall remain prohibited at any time and in any place whatsoever. 
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Geneva, 8 June 1977, Article 4(2)(f). Article 4 was adopted by consensus. CDDH, Official Records, Vol. VII, CDDH/SR.50, 3 June 1977, p. 90.
African Charter on Human and Peoples’ Rights
Article 5 of the 1981 African Charter on Human and Peoples’ Rights states: “All forms of exploitation and degradation of man, particularly slavery, slave trade … shall be prohibited.” 
African Charter on Human and Peoples’ Rights, adopted by the Eighteenth Ordinary Session of the OAU Assembly of Heads of State and Government, Nairobi, 27 June 1981, OAU Doc. CAB/LEG/67/3 rev.5, Article 5.
African Charter on the Rights and Welfare of the Child
Article 29(a) of the 1990 African Charter on the Rights and Welfare of the Child provides: “States Parties to the present Charter shall take appropriate measures to prevent: (a) the abduction, the sale of, or traffic in children for any purpose or in any form, by any person, including parents or legal guardians of the child.” 
African Charter on the Rights and Welfare of the Child, adopted by the Sixteenth Ordinary Session of the OAU Assembly of Heads of State and Government, Res. 197 (XVI), Monrovia, 17–20 July 1990, OAU Doc. CAB/LEG/24.9/49 (1990), Article 29(a).
Agreement on Human Rights annexed to the Dayton Accords
According to Article 1(3) of the 1995 Agreement on Human Rights annexed to the Dayton Accords, the parties shall “secure to all persons within their jurisdiction the right not to be held in slavery”. 
General Framework Agreement for Peace in Bosnia and Herzegovina, Annex 6, Agreement on Human Rights, signed by the Republic of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina and the Republika Srpska, Dayton, 22 November 1995, Article 1(3).
ICC Statute
Article 7(1)(c) of the 1998 ICC Statute provides that “[e]nslavement”, “when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack”, constitutes a crime against humanity. Article 7(2)(c) defines “[e]nslavement” as “the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children”.  
Statute of the International Criminal Court, adopted by the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, Rome, 17 July 1998, UN Doc. A/CONF.183/9, Article 7(1)(c) and (2)(c).
ICC Statute
Article 8(2)(b)(xxii) and (e)(vi) of the 1998 ICC Statute provides that “sexual slavery” constitutes a war crime in international and non-international armed conflicts respectively. 
Statute of the International Criminal Court, adopted by the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, Rome, 17 July 1998, UN Doc. A/CONF.183/9, Article 8(2)(b)(xxii) and (e)(vi).
Convention on the Worst Forms of Child Labour
Article 1 of the 1999 Convention on the Worst Forms of Child Labour provides that States “shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency”. Article 3(a) provides that the term “the worst forms of child labour” comprises “all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom”. 
Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, ILO Convention No. 182, adopted by the ILO General Conference, Geneva, 17 June 1999, Articles 1 and 3(a).
Optional Protocol on Child Trade, Prostitution and Pornography
Article 1 of the 2000 Optional Protocol on Child Trade, Prostitution and Pornography provides that the States parties shall prohibit the sale of children. It also contains detailed implementation measures to be adopted. 
Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, adopted by the UN General Assembly, Res. 54/263, 25 May 2000, Annex II, Article 1.
Protocol on Trafficking in Persons
Articles 1, 3 and 5 of the 2000 Protocol on Trafficking in Persons provides that States Parties shall criminalize attempts to commit trafficking in persons, participation as an accomplice in trafficking in persons and organization or direction of other persons to commit trafficking in persons. 
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UN Convention against Transnational Organized Crime, adopted by the UN General Assembly, Res. 55/25, 15 November 2000, Annex II, Articles 1, 3 and 5.
UN-Cambodia Agreement Concerning the Prosecution of Crimes Committed During the Period of Democratic Kampuchea
Article 9 of the 2003 UN-Cambodia Agreement Concerning the Prosecution of Crimes Committed During the Period of Democratic Kampuchea provides:
The subject-matter jurisdiction of the Extraordinary Chambers shall be the crime of genocide as defined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, crimes against humanity as defined in the 1998 Rome Statute of the International Criminal Court and grave breaches of the 1949 Geneva Conventions and such other crimes as defined in Chapter II of the Law on the Establishment of the Extraordinary Chambers as promulgated on 10 August 2001. 
Agreement between the UN and the Royal Government of Cambodia Concerning the Prosecution under Cambodian Law of Crimes Committed During the Period of Democratic Kampuchea, Phnom Penh, 6 June 2003, Article 9.
In accordance with Article 2 of the Agreement, Cambodia’s Law on the Establishment of the ECCC (2001), as amended, further implements these provisions. 
Agreement between the UN and the Royal Government of Cambodia Concerning the Prosecution under Cambodian Law of Crimes Committed During the Period of Democratic Kampuchea, Phnom Penh, 6 June 2003, Article 2.
Kampala Convention
Article 9(1) of the 2009 Kampala Convention states:
State Parties shall protect the rights of internally displaced persons regardless of the cause of displacement by refraining from, and preventing, the following acts, amongst others:
d. … slavery … and human trafficking and smuggling. 
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted in Kampala, Uganda, 23 October 2009, Article 9(1)(d).
A corresponding obligation for members of armed groups, defined as “dissident armed forces or other organized armed groups that are distinct from the armed forces of the state”, is provided in Article 7(5)(f), which states: “Members of armed groups shall be prohibited from: … engaging in … trafficking in persons, especially women and children”. 
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted in Kampala, Uganda, 23 October 2009, Article 7(5)(f).
Lieber Code
Article 23 of the 1863 Lieber Code provides: “Private citizens are no longer … enslaved.” 
Instructions for the Government of Armies of the United States in the Field, prepared by Francis Lieber, promulgated as General Order No. 100 by President Abraham Lincoln, Washington D.C., 24 April 1863, Article 23.
Lieber Code
Article 42 of the 1863 Lieber Code provides:
In a war between the United States and a belligerent which admits of slavery, if a person held in bondage by that belligerent be captured by or come as a fugitive under the protection of the military force of the United States, such person is immediately entitled to the rights and privileges of a freeman. To return such person into slavery would amount to enslaving a free person, and neither the United States nor any officer under their authority can enslave any human being. Moreover, a person so made free by the law of war is under the shield of the law of nations. 
Instructions for the Government of Armies of the United States in the Field, prepared by Francis Lieber, promulgated as General Order No. 100 by President Abraham Lincoln, Washington D.C., 24 April 1863, Article 42.
Lieber Code
Article 58 of the 1863 Lieber Code stipulates: “The United States cannot retaliate by enslavement; therefore death must be the retaliation for this crime against the law of nations.” 
Instructions for the Government of Armies of the United States in the Field, prepared by Francis Lieber, promulgated as General Order No. 100 by President Abraham Lincoln, Washington D.C., 24 April 1863, Article 58.
Allied Control Council Law No. 10
Article II(1) of the 1945 Allied Control Council Law No. 10 provides that “deportation to slave labour or for any other purpose, of civilian population from occupied territory” is a war crime and that “enslavement” is a crime against humanity. 
Allied Control Council Law No. 10: Punishment of Persons Guilty of War Crimes, Crimes against Peace and against Humanity, enacted by the Allied Control Council of Germany, composed of the United Kingdom of Great Britain and Northern Ireland, France, the United States of America and the Union of Soviet Socialist Republics, Berlin, 20 December 1945, Article II(1).
IMT Charter (Tokyo)
Article 5(c) of the 1946 IMT Charter (Tokyo) established individual responsibility for crimes against humanity, including “enslavement”. 
Charter of the International Military Tribunal for the Far East, approved by an Executive Order, General Douglas MacArthur, Supreme Commander for the Allied Powers in Japan, Tokyo, 19 January 1946, amended on 26 April 1946, Article 5(c).
Universal Declaration of Human Rights
Article 4 of the 1948 Universal Declaration of Human Rights provides: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.” 
Universal Declaration of Human Rights, adopted by the UN General Assembly, Res. 217 A (III), 10 December 1948, Article 4.
Nuremberg Principles
Principle VI of the 1950 Nuremberg Principles adopted by the International Law Commission provides that “deportation to slave labour or for any other purpose of civilian population of or in occupied territory” is a war crime and that “enslavement … and other inhuman acts done against any civilian population” is a crime against humanity.  
Principles of International Law Recognized in the Charter of the Nuremberg Tribunal and in the Judgment of the Tribunal, adopted by the International Law Commission, UN Doc. A/1316, New York, 5 June–29 July 1950, Principle VI.
ILC Draft Code of Offences against the Peace and Security of Mankind (1954)
Article 2(11) of the 1954 ILC Draft Code of Offences against the Peace and Security of Mankind includes enslavement in its list of crimes against humanity. 
Draft Code of Offences against the Peace and Security of Mankind, adopted by the International Law Commission, reprinted in Report of the International Law Commission on the work of its sixth session, UN Doc. A/2693, 1954, Article 2(11).
Cairo Declaration on Human Rights in Islam
Article 11(a) of the 1990 Cairo Declaration on Human Rights in Islam provides: “Human beings are born free, and no one has the right to enslave, humiliate, oppress or exploit them, and there can be no subjugation but to Allah the Almighty.” 
Cairo Declaration on Human Rights in Islam, adopted at the 19th Session of the Islamic Conference of Foreign Ministers, Res. 49/19-P, Cairo, 5 August 1990, annexed to Letter dated 19 September 1990 from the permanent representative of Egypt to the UN addressed to the UN Secretary-General, UN Doc. A/45/421-S/21797, 20 September 1990, Article 11(a).
ILC Draft Code of Crimes against the Peace and Security of Mankind (1991)
Article 21 of the 1991 ILC Draft Code of Crimes against the Peace and Security of Mankind includes “establishing or maintaining over persons a status of slavery, servitude or forced labour” as systematic or massive violations of human rights. The commentary explains that slavery is defined in the following treaties: the 1926 Slavery Convention, the 1956 Supplementary Convention on the Abolition of Slavery, the 1966 International Covenant on Civil and Political Rights, the 1930 Forced Labour Convention and the 1957 Convention concerning the Abolition of Forced Labour. 
Draft Code of Crimes against the Peace and Security of Mankind, adopted by the International Law Commission, reprinted in Report of the International Law Commission on the work of its forty-third session, 29 April–19 July 1991, UN Doc. A/46/10, 1991, Article 21 and commentary.
ICTY Statute
Article 5(c) of the 1993 ICTY Statute provides that enslavement, when committed in armed conflict, whether international or internal in character, and directed against any civilian population, constitutes a crime against humanity. 
Statute of the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, adopted by the UN Security Council, Res. 827, 25 May 1993, as amended by Res. 1166, 13 May 1998 and by Res. 1329, 30 November 2000, Article 5(c).
ICTR Statute
Article 3(c) of the 1994 ICTR Statute provides that enslavement, when committed as part of a widespread and systematic attack against any civilian population on national, political, ethnic, racial or religious grounds, constitutes a crime against humanity. 
Statute of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring States between 1 January 1994 and 31 December 1994, adopted by the UN Security Council, Res. 955, 8 November 1994, as amended by Res. 1165, 30 April 1998, and by Res. 1329, 30 November 2000, Article 3(c).
ILC Draft Code of Crimes against the Peace and Security of Mankind (1996)
Article 18(d) of the 1996 ILC Draft Code of Crimes against the Peace and Security of Mankind includes enslavement among crimes against humanity. 
Draft Code of Crimes against the Peace and Security of Mankind, adopted by the International Law Commission, reprinted in Report of the International Law Commission on the work of its forty-eighth session, 6 May–26 July 1996, UN Doc. A/51/10, 1996, Article 18(d).
Comprehensive Agreement on Respect for Human Rights and IHL in the Philippines
Article 2(8) of Part III of the 1998 Comprehensive Agreement on Respect for Human Rights and IHL in the Philippines provides that the Agreement seeks to protect and promote the right not to be held in involuntary servitude. 
Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law between the Government of the Republic of the Philippines and the National Democratic Front of the Philippines, The Hague, 16 March 1998, Part III, Article 2(8).
UN Secretary-General’s Bulletin
According to Section 7.2 of the 1999 UN Secretary-General’s Bulletin, enslavement of persons not, or no longer, taking part in military operations and persons placed hors de combat is prohibited at any time and in any place. 
Observance by United Nations Forces of International Humanitarian Law, Secretary-General’s Bulletin, UN Secretariat, UN Doc. ST/SGB/1999/13, 6 August 1999, Section 7.2.
EU Charter of Fundamental Rights
Article 5(1) and (3) of the 2000 EU Charter of Fundamental Rights provides that “[n]o one shall be held in slavery or servitude” and that “[t]rafficking in human beings is prohibited”. 
Charter of Fundamental Rights of the European Union, signed and proclaimed by the European Parliament, the Council and the Commission of the European Union, Nice, 7 December 2000, Article 5(1) and (3).
UNTAET Regulation No. 2000/15
The UNTAET Regulation No. 2000/15 establishes panels with exclusive jurisdiction over serious criminal offences, including war crimes. According to Section 6(1)(b)(xxii) and (e)(vi), “sexual slavery [and] enforced prostitution” constitute war crimes in both international and non-international armed conflicts. 
Regulation on the Establishment of Panels with Exclusive Jurisdiction over Serious Criminal Offences, UN Doc. UNTAET/REG/2000/15, Dili, 6 June 2000, Section 6(1)(b)(xxii) and (e)(vi).
N’Djamena Declaration on Ending Recruitment and Use of Children by Armed Forces and Groups
In June 2010, Cameroon, the Central African Republic, Chad, Nigeria, Niger and Sudan adopted the N’Djamena Declaration. In its preamble, the participating States reiterated their “concern regarding the precarious situation of children affected by conflict and the consistent presence of children within armed forces and groups in [their] region” and recognized that “States have the primary responsibility of ensuring, without discrimination, the security and protection of all children living on their national territory.” 
N’Djamena Declaration adopted at the Regional Conference on Ending Recruitment and Use of Children by Armed Forces and Groups: Contributing to Peace, Justice and Development, signed by Cameroon, the Central African Republic, Chad, Nigeria, Niger and Sudan, N’Djamena, 7–9 June 2010, Preamble.
Furthermore, participating States recalled
[t]he Optional Protocol [to the Convention on the Rights of the Child] on the sale of children, child prostitution and child pornography;
[t]he Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime of 2000; [and]
[t]he Multilateral Cooperation Agreement to Combat Trafficking in Persons specially Women and Children in West and Central Africa of 2006. 
N’Djamena Declaration adopted at the Regional Conference on Ending Recruitment and Use of Children by Armed Forces and Groups: Contributing to Peace, Justice and Development, signed by Cameroon, the Central African Republic, Chad, Nigeria, Niger and Sudan, N’Djamena, 7–9 June 2010, Preamble.
The participating States pledged “[t]o protect children from all forms of exploitation and violence, by criminalizing all acts of sale of children.” 
N’Djamena Declaration adopted at the Regional Conference on Ending Recruitment and Use of Children by Armed Forces and Groups: Contributing to Peace, Justice and Development, signed by Cameroon, the Central African Republic, Chad, Nigeria, Niger and Sudan, N’Djamena, 7–9 June 2010, Preamble and § 11.
Burundi
Burundi’s Regulations on International Humanitarian Law (2007) lists “enslavement” as a “crime against humanity”. 
Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I bis, p. 27.
Canada
According to Canada’s LOAC Manual (1999), enslavement is a crime against humanity. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 16-1, § 4(c).
Canada
Canada’s LOAC Manual (2001), in its chapter on “War crimes, individual criminal liability and command responsibility”, refers to “enslavement” as a crime against humanity. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1604.1.c.
Côte d’Ivoire
Côte d’Ivoire’s Teaching Manual (2007) provides in Book I (Basic instruction):
I. Grave violations
They are enumerated by the Geneva Conventions and the Additional Protocols, as well as by the Ivorian Penal Code.
They are:
- enslavement. 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre I: Instruction de base, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 29.
In Book II (Instruction of non-commissioned officers and officers), the Teaching Manual provides:
I.1.1. War crimes
They are grave violations of IHL mentioned in the Geneva Conventions and their Additional Protocols, committed during armed conflict.
Examples: … enslavement. 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre II: Instruction du gradé et du cadre, Manuel de l’instructeur, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 28.
Djibouti
Djibouti’s Manual on International Humanitarian Law (2004) states under the heading “Inalienable Rights”: “These are rights which the State may not derogate from. They include: … the prohibition of slavery and servitude”. 
Djibouti, Manuel sur le droit international humanitaire et les droits de l’homme applicables au travail du policier, Ministère de l’Intérieur, Direction Générale de la Police, 2004, p. 36.
France
France’s LOAC Manual (2001) restates Article 4 of the 1948 Universal Declaration of Human Rights and Article 7(1) of the 1998 ICC Statute, which include enslavement in the list of crimes against humanity. 
France, Manuel de droit des conflits armés, Ministère de la Défense, Direction des Affaires Juridiques, Sous-Direction du droit international humanitaire et du droit européen, Bureau du droit des conflits armés, 2001, pp. 43 and 51.
Israel
Israel’s Manual on the Laws of War (1998) recalls the definition of crimes against humanity contained in the 1998 ICC Statute by stating: “Crimes against humanity were defined as the systematic harming of a civilian population, which includes deeds such as: … enslavement”. 
Israel, Laws of War in the Battlefield, Manual, Military Advocate General Headquarters, Military School, 1998, p. 68.
Netherlands
The Military Manual (1993) of the Netherlands restates the prohibition of slavery and the slave trade as found in Article 4 of the 1977 Additional Protocol II. 
Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, p. XI-4.
Netherlands
The Military Manual (2005) of the Netherlands states that “[n]o derogation is possible from the [prohibition] of … slavery”. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 1020.
In its chapter on non-international armed conflict, the manual states:
It is expressly prohibited to carry out the following acts against the civilian population or individual civilians, wounded, sick or prisoners:
- slavery, slave trading or dangerous or degrading forced labour;
- threatening anyone with the above-mentioned acts or treatment. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 1051.
In its chapter on peace operations, the manual states:
Section 2 - Applicability of human rights
1211. Human rights should be respected … However, “in time of war or in case of any other general state of emergency which threatens the existence of the country,” certain human rights may be curtailed as long as the situation strictly necessitates such measures. But the right to life, the prohibition of torture, slavery and forced labour, and the legal principle “no punishment without prior legal provision” cannot be waived. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 1211.
New Zealand
New Zealand’s Military Manual (1992) refers to the 1977 Additional Protocol II and prohibits at any time and anywhere “slavery and the slave trade in all their forms”. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1812.1.
Russian Federation
The Russian Federation’s Regulations on the Application of IHL (2001) states with regard to internal armed conflict:
The following acts against [all persons who do not take a direct part or who have ceased to take part in hostilities] are and shall remain prohibited at any time and in any place whatsoever: … slavery and the slave trade in all their forms [and] threats to commit any of the foregoing acts. 
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 81.
Senegal
Senegal’s IHL Manual (1999) provides that one of the fundamental guarantees common to the IHL conventions and the 1948 Universal Declaration of Human Rights is the prohibition of slavery and the slave trade in any form. 
Senegal, Le DIH adapté au contexte des opérations de maintien de l’ordre, République du Sénégal, Ministère des Forces Armées, Haut Commandement de la Gendarmerie et Direction de la Justice Militaire, Cabinet, 1999, pp. 3 and 23.
Ukraine
Ukraine’s IHL Manual (2004) states that “slavery and trade in slaves”, or threats of such actions, against the following persons are prohibited in non-international armed conflicts:
- persons taking no active part in the hostilities;
- members of armed forces who have laid down their arms;
- those placed hors de combat by sickness, wounds, detention, or any other cause. 
Ukraine, Manual on the Application of IHL Rules, Ministry of Defence, 11 September 2004, § 1.4.10.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004) states in its chapter on internal armed conflict that “outrages upon personal dignity … such as … slavery” are prohibited. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, §§ 15.30 and 15.30.4.
In its discussion on the 1977 Additional Protocol II, the manual specifies:
The following acts against protected persons, “are and shall remain prohibited at any time and in any place whatsoever”. These are:
f) slavery and the slave trade in all their forms. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 15.38(f).
United States of America
The US Naval Handbook (1995) provides: “International law strictly prohibits the use of the seas for the purpose of transporting slaves.” 
United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-2.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Transportation, US Coast Guard, October 1995 (formerly NWP 9 (Rev. A)/FMFM 1-10, October 1989), § 3.6.
Albania
Albania’s Military Penal Code (1995) provides that sentencing a person to slave labour is a war crime. 
Albania, Military Penal Code, 1995, Articles 73–75.
Argentina
Argentina’s Law on the Protection of Children’s and Adolescents’ Rights (2005) states:
Children and adolescents are entitled to dignity as subjects of international law and developing persons. [They are entitled] to not be subjected to … any form of economic exploitation … , sexual exploitation, kidnapping or trafficking. 
Argentina, Law on the Protection of Children’s and Adolescents’ Rights, 2005, Article 9.
Armenia
Under Armenia’s Penal Code (2003), “enslavement” constitutes a crime against humanity. 
Armenia, Penal Code, 2003, Article 392.
Australia
Under Australia’s War Crimes Act (1945), as amended in 2001, the deportation of a person to, or the internment of a person in, a death camp or a slave labour camp is a serious war crime. 
Australia, War Crimes Act, 1945, as amended in 2001, Section 6.
Australia
Australia’s Criminal Code Act (1995), as amended to 2007, states with respect to serious war crimes that are committed in the course of an international armed conflict:
268.60 War crimesexual slavery
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator causes another person to enter into or remain in sexual slavery; and
(b) the perpetrator intends to cause, or is reckless as to causing, that sexual slavery; and
(c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 25 years.
(2) For the purposes of this section, sexual slavery is the condition of a person who provides sexual services and who, because of the use of force or threats:
(a) is not free to cease providing sexual services; or
(b) is not free to leave the place or area where the person provides sexual services.
(3) In this section:
sexual service means the use or display of the body of the person providing the service for the sexual gratification of others.
threat means:
(a) a threat of force; or
(b) a threat to cause a person’s deportation; or
(c) a threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of sexual services by a person. 
Australia, Criminal Code Act, 1995, as amended to 2007, Chapter 8, § 268.60, pp. 339–340.
Australia
Australia’s ICC (Consequential Amendments) Act (2002) incorporates in the Criminal Code the crimes defined in the 1998 ICC Statute: crimes against humanity, including “enslavement”, and war crimes, including “sexual slavery” and “enforced prostitution”, in both international and non-international armed conflicts. 
Australia, ICC (Consequential Amendments) Act, 2002, Schedule 1, §§ 268.10, 268.60, 268.61, 268.83 and 268.84.
Azerbaijan
Azerbaijan’s Criminal Code (1999), as amended to 2007, provides:
106.1. Slavery, i.e. full or partial realization of competencies inherent to the right of property on person—
shall be punished by imprisonment for a term of five to ten years.
106.2. In case the same actions committed against [a] minor or with the purpose of trafficking—
shall be punished by imprisonment for a term of seven to twelve years.
106.3. Slave trafficking, i.e. forcing [a] person [in]to slavery or using him/her as a slave, keeping [him/her] for the purpose of selling or exchanging, taking decisions about the person, or any deed related to slave trafficking and transportation of slaves, as well as a deed attempting against sexual freedom, resulting from sexual slavery or slavery.
shall be punished by imprisonment for a term of five to ten years. 
Azerbaijan, Criminal Code, 1999, as amended to Law 522-11QD dated 25 December 2007, Article 106.
Bangladesh
Bangladesh’s International Crimes (Tribunal) Act (1973) states that “deportation to slave labour or for any other purpose of civilian population in the territory of Bangladesh” constitutes a war crime. 
Bangladesh, International Crimes (Tribunal) Act, 1973, Section 3(2)(d).
Belgium
Belgium’s Penal Code (1867), as amended in 2003, provides:
A crime against humanity, as defined below, whether committed in time of peace or in time of war, constitutes a crime under international law and shall be punished in accordance with the provisions of the present title. In accordance with the Statute of the International Criminal Court, crime against humanity means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
3. enslavement. 
Belgium, Penal Code, 1867, as amended on 5 August 2003, Chapter III, Title I bis, Article 136 ter, § 3.
Belgium
Belgium’s Law concerning the Repression of Grave Breaches of the Geneva Conventions and their Additional Protocols (1993), as amended in 1999, provides that enslavement constitutes a crime under international law. 
Belgium, Law concerning the Repression of Grave Breaches of the Geneva Conventions and their Additional Protocols, 1993, as amended in 1999, Article 1(2)(3).
Belgium
Belgium’s Law relating to the Repression of Grave Breaches of International Humanitarian Law (1993), as amended in 2003, provides:
A crime against humanity, as defined below, whether committed in time of peace or in time of war, constitutes a crime under international law and shall be punished in accordance with the provisions of the present title. In accordance with the Statute of the International Criminal Court, crime against humanity means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
3. enslavement. 
Belgium, Law relating to the Repression of Grave Breaches of International Humanitarian Law, 1993, as amended on 23 April 2003, Article 1 bis, § 3.
Bosnia and Herzegovina
Bosnia and Herzegovina’s Criminal Code (2003) criminalizes the following act as a crime against humanity:
(1) Whoever, as part of a widespread or systematic attack directed against any civilian population, with knowledge of such an attack, perpetrates any of the following acts:
c) Enslavement.
(2) For the purpose of paragraph 1 of this Article the following terms shall have the following meanings:
c) Enslavement means the exercise of any or all of the powers attaching to the right of ownership over a person, and includes the exercise of such power in the course of trafficking in persons, in particular women and children. 
Bosnia and Herzegovina, Criminal Code, 2003, Article 172(1)(c) and (2)(c).
[emphasis in original]
The Criminal Code also states:
(1) Whoever, in violation of the rules of international law, places another in slavery or in a similar status or keeps him in such a status, buys, sells, hands over to another person or mediates the purchase, sale or handing over of such a person or induces someone else to sell his freedom or the freedom of the person he provides for or takes care of,
shall be punished by imprisonment for a term of between one and ten years.
(3) Whoever, in violation of the rules of international law, transports persons who are in a position of slavery or in similar status,
shall be punished by imprisonment for a term of between six months and five years. 
Bosnia and Herzegovina, Criminal Code, 2003, Article 185(1) and (3).
The Criminal Code, as amended in 2004, further states:
Whoever, by means of use of force or threat of use of force or other forms of coercion, of abduction, of fraud or deception, of the abuse of power or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, recruits, transports, transfers, harbours or receipts a person, for the purpose of … slavery …
shall be punished by imprisonment for a term of between one and ten years. 
Bosnia and Herzegovina, Criminal Code, 2003, as amended in 2004, Article 186(1).
Burundi
Burundi’s Law on Genocide, Crimes against Humanity and War Crimes (2003) lists “enslavement” as a crime against humanity “when committed as part of a widespread or systematic attack against any civilian population, with knowledge of the attack”. 
Burundi, Law on Genocide, Crimes against Humanity and War Crimes, 2003, Article 3(c).
Cambodia
Cambodia’s Law on the Establishment of the ECCC (2001), as amended in 2004, provides:
The Extraordinary Chambers shall have the power to bring to trial all suspects who committed crimes against humanity during the period 17 April 1975 to 6 January 1979.
Crimes against humanity … are any acts committed as part of a widespread or systematic attack directed against any civilian population, on national, political, ethnical, racial or religious grounds, such as:
- enslavement. 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Article 5.
Canada
Canada’s Crimes against Humanity and War Crimes Act (2000) provides that the crimes against humanity and war crimes defined in Articles 7 and 8(2) of the 1998 ICC Statute are “crimes according to customary international law” and, as such, indictable offences under the Act. 
Canada, Crimes against Humanity and War Crimes Act, 2000, Section 4(1) and (4).
China
China’s Law Governing the Trial of War Criminals (1946) provides that “scheming to enslave the inhabitants of occupied territory” constitutes a war crime. 
China, Law Governing the Trial of War Criminals, 1946, Article 3(23).
Congo
Under the Congo’s Genocide, War Crimes and Crimes against Humanity Act (1998), “enslavement”, when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack, is a crime against humanity. 
Congo, Genocide, War Crimes and Crimes against Humanity Act, 1998, Article 6.
The Act defines war crimes with reference to the categories of crimes defined in Article 8 of the 1998 ICC Statute. 
Congo, Genocide, War Crimes and Crimes against Humanity Act, 1998, Article 4.
Croatia
Croatia’s Criminal Code (1997) punishes any person who
places another person in slavery, or keeps a person in such a state or a similar state, buys, sells or hands him or her over to another person, or is an intermediary in the purchase, sale or handing over of a person, or encourages another person to sell the freedom of a person in his or her care. 
Croatia, Criminal Code, 1997, Article 175.
Croatia
Croatia’s Criminal Code (1997), as amended to 2006, states that “[ordering] trafficking in human beings, in particular of women and children, or the enslavement of a person in any other way so that some or all of the powers originating in property rights are exercised over such person” is a crime against humanity. 
Croatia, Criminal Code, 1997, as amended to 2006, Article 157a.
Democratic Republic of the Congo
The Democratic Republic of the Congo’s Military Penal Code (2002) provides:
Article 165
Crimes against humanity are grave violations of international humanitarian law committed against any civilian population before or during war.
Crimes against humanity are not necessarily linked to the state of war and can be committed not only between persons of different nationality, but even between subjects of the same State.
Article 169
Any of the following acts, perpetrated as part of a widespread or systematic attack knowingly directed against the Republic or the civilian population, equally constitutes a crime against humanity and is punished by death, whether committed in time of peace or in time of war:
3. Enslavement. 
Democratic Republic of the Congo, Military Penal Code, 2002, Articles 165 and 169.
Denmark
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment]. 
Denmark, Military Criminal Code, 1973, as amended in 1978, § 25(1).
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment]. 
Denmark, Military Criminal Code, 2005, § 36(2).
Finland
Finland’s Criminal Code (1889), as amended in 2008, provides that any person who subjects another to “sexual slavery” shall be “sentenced for a war crime to imprisonment for at least one year or for life”. 
Finland, Criminal Code, 1889, as amended in 2008, Chapter 11, Section 5(1)(2).
(emphasis in original)
France
Under France’s Penal Code (1992), enslavement is a crime against humanity. 
France, Penal Code, 1992, Article 212-1.
Ireland
Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1977 Additional Protocol II, including violations of Article 4(2)(f), is a punishable offence. 
Ireland, Geneva Conventions Act, 1962, as amended in 1998, Section 4(4).
Islamic Republic of Iran
The Islamic Republic of Iran’s Law of Prohibition of Trading of Slaves within Iran’s Territory and Freedom of Slaves at the Time of Their Arrival into the Country (1929) states: “Anyone who trades a human as a slave, or has other possessory behaviour with a human, or acts as a mediator in the trade or transport of slaves, will be punished to between one to three years of punitive imprisonment.” 
Islamic Republic of Iran, Law of Prohibition of Trading of Slaves within Iran’s Territory and Freedom of Slaves at the Time of Their Arrival into the Country, 1929, Article 1.
Kenya
Kenya’s Constitution (1992) provides that no person shall be held in slavery or servitude. 
Kenya, Constitution, 1992, Article 73(1).
Mali
Mali’s Penal Code (2001) provides that enslavement of a group of the civilian population is a crime against humanity. 
Mali, Penal Code, 2001, Article 29(a).
Netherlands
Under the International Crimes Act (2003) of the Netherlands, “enslavement” committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack, is a crime against humanity. Enslavement is defined as “the exercise of any or all of the powers attaching to the right of ownership over a person, including the exercise of such power in the course of trafficking in persons, in particular women and children”. 
Netherlands, International Crimes Act, 2003, Articles 4(1)(c) and 4(2)(b).
New Zealand
Under New Zealand’s International Crimes and ICC Act (2000), crimes against humanity include the crimes defined in Article 7(1)(c) of the 1998 ICC Statute, and war crimes include the crimes defined in Article 8(2)(b)(xxii) and (e)(vi) of the Statute. 
New Zealand, International Crimes and ICC Act, 2000, Sections 10(2) and 11(2).
Niger
According to Niger’s Penal Code (1961), as amended in 2003, enslavement is a crime against humanity. 
Niger, Penal Code, 1961, as amended in 2003, Article 208.2.
Norway
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the Geneva Conventions of 12 August 1949 … [and in] the two additional protocols to these Conventions … is liable to imprisonment. 
Norway, Military Penal Code, 1902, as amended in 1981, § 108.
Norway
Norway’s Penal Code (1902), as amended in 2008, states: “Any person is liable to punishment for a war crime who in connection with an armed conflict … enslaves a protected person.” 
Norway, Penal Code, 1902, as amended in 2008, § 103(c).
The Penal Code further states: “A protected person is a person who does not take, or who no longer takes, active part in hostilities, or who is otherwise protected under international law.” 
Norway, Penal Code, 1902, as amended in 2008, § 103.
Peru
Peru’s Regulations to the Law on Internal Displacement (2005) states:
Internally displaced persons who return to their place of habitual residence or who have resettled in another part of the country have a right to:
k) Be protected against … slavery. 
Peru, Regulations to the Law on Internal Displacement, 2005, Article 6(k).
Philippines
Under the War Crimes Trial Executive Order (1947) of the Philippines, “enslavement [of] … civilian populations before or during [the Second World War]” constitutes a war crime. 
Philippines, War Crimes Trial Executive Order, 1947, Part II(b)(3).
Philippines
The Philippines’ Republic Act No. 9208 (2003) concerning trafficking in persons provides:
3. Definition of Terms. – As used in this Act:
(a) Trafficking in Persons – refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the persons, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.
(d) Forced Labor and Slavery – refer to the extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception.
4. Acts of Trafficking in Persons. – It shall be unlawful for any person, natural or judicial, to commit any of the following acts:
(a) To recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage. 
Philippines, Republic Act No. 9208, 2003, Sections 3a, 3d and 4a.
Philippines
The Philippines’ Republic Act No. 9231 (2003), the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act, states:
Sec. 12-D. Prohibition Against Worst Forms of Child Labor. – No child shall be engaged in the worst forms of child labor. The phrase “worst forms of child labor” shall refer to any of the following:
(1) All forms of slavery, as defined under the “Anti-trafficking in Persons Act of 2003”, or practices similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict. 
Philippines, Republic Act No. 9231, 2003, preamble and Section 1.
Philippines
The Philippines’ Republic Act No. 9344 (2006), the Juvenile Justice and Welfare Act of 2006, provides:
Sec. 61. Other Prohibited Acts. – The following and any other similar acts shall be considered prejudicial and detrimental to the psychological, emotional, social, spiritual, moral and physical health and well-being of the child in conflict with the law and therefore, prohibited:
(d) Compelling the child to perform involuntary servitude in any and all forms under any and all instances. 
Philippines, Republic Act No. 9344, 2006, Section 61(d).
Republic of Korea
The Republic of Korea’s ICC Act (2007) provides for the punishment of anyone who commits “enslavement” as a crime against humanity. 
Republic of Korea, ICC Act, 2007, Article 9(2)(2).
Rwanda
Rwanda’s Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes (2003) provides:
Article: 10
“War crime” shall also mean any of the following acts committed in armed conflicts:
5° enslavement and slave trade, slavery-related practices and forced labour in all its forms;
Article: 11
Anyone who commits one of the war crimes provided for in Article 10 of this law shall be punished by the following penalties:
1° the death penalty or life imprisonment where he has committed a crime provided for in point 1°, 4°, 5°, 6°, 9° or 10° of Article 10 of this law. 
Rwanda, Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes, 2003, Articles 10–11.
Senegal
Senegal’s Penal Code (1965), as amended in 2007, lists “enslavement” as a crime against humanity “when committed on the occasion of a widespread or systematic attack against any civilian population”. 
Senegal, Penal Code, 1965, as amended in 2007, Article 431-2(6).
Serbia
Serbia’s Criminal Code (2005) states that ordering or committing enslavement “as part of a wider and systematic attack against the civilian population”, in violation of international law, constitutes a crime against humanity. 
Serbia, Criminal Code, 2005, Article 371.
The Criminal Code further states:
(1) Whoever in violation of international law enslaves another person or places a person in a similar position, or holds a person in slavery or similar position, or buys, sells, hands over to another or mediates in buying, selling and handing over of such person or induces another to sell his freedom or freedom of persons under his support or care, shall be punished by imprisonment of [from] one to ten years.
(2) Whoever transports persons in slavery or other similar position from one country to another, shall be punished by imprisonment of [from] six months to five years. 
Serbia, Criminal Code, 2005, Article 390.
South Africa
South Africa’s ICC Act (2002) reproduces the definitions of crimes against humanity of the 1998 ICC Statute, including “enslavement”. 
South Africa, ICC Act, 2002, Schedule 1, Part 2, § 1(c).
Sri Lanka
Sri Lanka’s Penal Code (2006) provides:
Any person who –
(c) subjects or causes any person to be subjected to slavery; …
shall be guilty of an offence.
“slavery” means the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. 
Sri Lanka, Penal Code, 2006, Section 358A.
Switzerland
Switzerland’s Military Criminal Code (1927), taking into account amendments entered into force up to 2011, states:
Art. 5
1 In times of war, in addition to the persons mentioned in art. 3 [Personal conditions] and 4 [Extension in case of active service], the following are subject to military criminal law:
1. Civilians who make themselves culpable of one of the following offences:
d. … crime against humanity [Art. 109] (Part 2, chapter 6) …;
5. foreign military persons who make themselves culpable of … a crime against humanity [Art. 109] (Part 2, chapter 6)[.]
Chapter 6 – Genocide and crimes against humanity
Art. 109
1 The penalty shall be a custodial sentence of not less than five years for any person who, as part of a widespread or systematic attack directed against the civilian population:
c. disposes over a person by assuming a right of ownership over that person, in particular in the context of trafficking in persons, sexual exploitation or forced labour. 
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 5(1)(1)(d) and (5) and 109(1)(c).
[footnotes in original omitted]
United Kingdom of Great Britain and Northern Ireland
Under the UK ICC Act (2001), it is a punishable offence to commit a crime against humanity as defined in Article 7(1)(c) of the 1998 ICC Statute, and war crimes as defined in Article 8(2)(b)(xxii) and (e)(vi) of the Statute. 
United Kingdom, ICC Act, 2001, Sections 50(1) and 51(1) (England and Wales) and Section 58(1) (Northern Ireland).
United States of America
The US Regulations Governing the Trials of Accused War Criminals in the Pacific Region I (1945) established military commissions which had jurisdiction over offences such as enslavement of the civilian population. 
United States, Regulations Governing the Trials of Accused War Criminals in the Pacific Region I, 1945, Regulation 5.
United States of America
The US Regulations Governing the Trials of Accused War Criminals in the Pacific Region II (1945) established military commissions which had jurisdiction over offences such as enslavement of the civilian population. 
United States, Regulations Governing the Trials of Accused War Criminals in the Pacific Region II, 1945, Regulation 2(b).
Venezuela
Venezuela’s Law on the State of Emergency (2001), which includes situations of internal and international armed conflict, states:
In accordance with Articles 339 of the Constitution of the Bolivarian Republic of Venezuela, Article 4(2) of the [1966] International Covenant on Civil and Political Rights and Article 27(2) of the [1969] American Convention on Human Rights, the guarantee to the [following] rights must not be restricted:
8. The [right to] not be subjected to slavery or servitude. 
Venezuela, Law on the State of Emergency, 2001, Article 7(8).
Zimbabwe
Zimbabwe’s Constitution (1979), as amended to 2009, states:
THE DECLARATION OF RIGHTS
14 Protection from slavery and forced labour
(1) No person shall be held in slavery or servitude …
26 Interpretation and other savings
(7) No measures taken in relation to a person who is a member of a disciplined force of a country with which Zimbabwe is at war or with which a state of hostilities exists and no law, to the extent that it authorises the taking of such measures, shall be held to be in contravention of the Declaration of Rights. 
Zimbabwe, Constitution, 1979, as amended to 2009, Sections 14(1) and 26(7).
Zimbabwe
Zimbabwe’s Constitution (2013) states:
Chapter 4 – Declaration of Rights
54. Freedom from slavery or servitude
No person may be subjected to slavery or servitude.
86. Limitation of rights and freedoms
(3) No law may limit the following rights enshrined in this Chapter, and no person may violate them –
(d) the right not to be placed in slavery or servitude;
87. Limitations during public emergency
(1) In addition to the limitations permitted by section 86, the fundamental rights and freedoms set out in this Chapter may be further limited by a written law providing for measures to deal with situations arising during a period of public emergency, but only to the extent permitted by this section and the Second Schedule.
(4) No law that provides for a declaration of a state of emergency, and no legislative or other measure taken in consequence of such a declaration may –
(a) indemnify, or permit or authorise an indemnity for, the State or any institution or agency of the government at any level, or any other person, in respect of any unlawful act; or
(b) limit any of the rights referred to in section 86(3), or authorise or permit any of those rights to be violated. 
Zimbabwe, Constitution, 2013, Sections 54, 86(3)(d) and 87(1) and (4).
Bosnia and Herzegovina
In 2007, in the Janković case, the Appellate Panel of the Court of Bosnia and Herzegovina held that the following elements constitute the crime against humanity of sexual slavery: “(i) intentional exercise of any or all of the powers attaching to the right of ownership over a person; (ii) the perpetrator subjected [the] victim to sexual intercourse on one or more occasions.” 
Bosnia and Herzegovina, Court of Bosnia and Herzegovina, Janković case, Judgment, 23 October 2007, p. 15.
Canada
In the Rudolph and Minister of Employment and Immigration case in 1992, the Canadian Federal Court of Appeal upheld an order for the removal from Canada of the accused, a German national who during the Second World War had requested and supervised the deportation and use of foreign civilians as slave labourers in the production of V2 rockets, on the ground that he had committed outside Canada an act that constituted a war crime. 
Canada, Federal Court of Appeal, Rudolph and Minister of Employment and Immigration case, Judgment, 1 May 1992.
Canada
In 2013, in the Sapkota case, Canada’s Federal Court dismissed a request for review of a decision denying refugee protection to the applicant on grounds of complicity in crimes against humanity in Nepal between 1991 and 2009. While reviewing the submissions of the respondent, Canada’s Minister of Citizenship and Immigration, the Court stated: “The Respondent notes that the Rome Statute of the International Criminal Court … is endorsed in Canada as a source of customary law.” 
Canada, Federal Court, Sapkota case, Reasons for Judgment and Judgment, 15 July 2013, § 28.
Colombia
Colombia’s Constitutional Court held in 1995 that the prohibitions contained in Article 4(2) of the 1977 Additional Protocol II were perfectly consistent with the Constitution, since they were not only in harmony with the principles and values of the Constitution, but also practically reproduced specific constitutional provisions. The Court said that the prohibition of Article 4(2)(f) was almost identical to Article 17 of the Constitution. 
Colombia, Constitutional Court, Constitutional Case No. C-225/95, Judgment, 18 May 1995.
Colombia
In 2007, in the Constitutional Case No. C-291/07, the Plenary Chamber of Colombia’s Constitutional Court stated:
[T]he essential principles of international humanitarian law have acquired ius cogens status, based on the fact that the international community as a whole has recognised their peremptory and imperative nature in the same way it has recognised this for other cardinal provisions such as … the prohibition of slavery. 
Colombia, Constitutional Court, Constitutional Case No. C-291/07, Judgment of 25 April 2007, p. 70.
Democratic Republic of the Congo
In 2010, in the Barnaba Yonga Tshopena case, the Military Garrison Court of Ituri-Bunia convicted a leader of the Front for Patriotic Resistance in Ituri (FRPI) of several war crimes, including sexual slavery. The Court stated:
120 … [T]he charges … of the war crime of sexual slavery brought against the defendant … correspond to the crime provided for in article 8(2)(e)(vi)-1 of the … [1998 ICC] Statute. He is accused of sexually enslaving civilian women who inhabited Groupement Musedzo, from the Collectivité de Marabo in the Irumu territory, or who were present at the moment when this place was attacked, on 12 September 2001, including the victim-witness … In view of article 8(2)(e)(vi)-2 of the … [1998 ICC] Statute and the [2000 ICC] Elements of Crimes, this crime requires, in addition to evidence of the existence of a link between the crime and … an armed conflict not of an international character, that the perpetrator was aware of factual circumstances establishing the existence of such conflict, as well as that:
i) the direct perpetrator exercised any or all of the powers attaching to the right of ownership over one or more persons, such as by purchasing, selling, lending or bartering such a person or persons, or by imposing on them a similar deprivation of liberty; ii) the perpetrator caused such person or persons to engage in one or more acts of a sexual nature.
121 … [A] footnote in … the [2000 ICC] Elements of Crime clarif[ies] that:
It is understood that such deprivation of liberty may, in some circumstances, include exacting forced labour or otherwise reducing a person to servile status as defined in the 1956 Supplementary Convention on [the Abolition of] Slavery. It is also understood that the conduct described in this element includes trafficking in persons, in particular women and children.
122 … In the present case, this Court finds that there is sufficient evidence to establish substantial grounds to believe that, during and after the attacks carried out by FRPI Ngiti combatants … against the Collectivité Chefferie de Nyankunde on 5 September 2002 and Groupement Musedzo on 12 September 2002, such … combatants … indeed committed acts of sexual slavery against civilian women who inhabited those places or who were present when the attacks took place.
123 … [This] military court achieved this conclusion in particular due to the … statement of the first victim-witness … who, at the time of the facts, was a civilian aged 14 years and inhabited the locality of Lawa in Groupement Musedzo when the attack … of 12 September 2002 by FRPI Ngiti combatants took place. She says that she and another young lady from her village were abducted from Lawa and taken … close to the … residence of the defendant …
124 … [T]his victim-witness states that she was deprived of liberty of movement for a year and two months in … Tsheyi, where she was closely watched and kept in the residence of a so-called Papy, not otherwise identified, who was an Ngiti combatant and a guard of the defendant … Such combatant obliged the lady … , under threats of death, to become his “wife”. During the time when she was held in captivity … , the victim-witness was reduced to sexual slavery by combatant Papy and was obliged, sometimes also together with other women, to carry out forced domestic work consisting of drawing large quantities of water and preparing large quantities of food for the guests of the defendant … when there were parties.
125 … Regarding the moral or subjective element required for the war crime of rape and sexual slavery provided for in article 8(2)(e)(vi)-1 and 2 of the … [1998 ICC] Statute, article 30 of the same text requires that those crimes be committed with intention and knowledge …
126 … This legal requirement is fulfilled in the present case, both by the direct perpetrator and by the defendant … as they … had the common intention of carrying out those attacks … against Chefferie de Nyankunde and Groupement Musedzo and meant to adopt such aggressive conduct in those places; had knowledge or awareness of the existence of an armed conflict not of an international character; as well as knowledge or awareness that, as a consequence of carrying out such attacks in such circumstances, rapes and sexual slavery would occur in the ordinary course of events.
127. This court finds that there is sufficient evidence to establish substantial grounds to believe that, during and after the attacks carried out by FRPI Ngiti combatants … against Chefferie de Nyankunde on 5 September 2002 and Groupement Musedzo on 12 September 2002, such combatants indeed committed acts of rape and sexual slavery against women who inhabited those places or who were present at the moment of the attacks … , with the support, authorization and/or blessing of the leaders of this political-military movement, including the defendant. 
Democratic Republic of the Congo, Military Garrison Court of Ituri-Bunia, Barnaba Yonga Tshopena case, Judgment, 9 July 2010, §§ 120–127.
Regarding the applicable law, the Court stated:
[T]he constitutional provisions of the Democratic Republic of the Congo, namely articles 153(4) and 215 of 18 February 2006 [Constitution (2006)], authorize both civil and military courts and tribunals to apply duly ratified international agreements and treaties, and give them higher authority than domestic legislation. This constitutional authorization combined with the self-executing nature of the … [1998 ICC] Statute justify the direct application of this treaty by Congolese courts and tribunals. 
Democratic Republic of the Congo, Military Garrison Court of Ituri-Bunia, Barnaba Yonga Tshopena case, Judgment, 9 July 2010, § 63.
Israel
In its judgment in the Eichmann case in 1961, the District Court of Jerusalem held that “enslavement” caused serious bodily or mental harm and amounted to a violation of Israel’s Nazis and Nazi Collaborators (Punishment) Law. 
Israel, District Court of Jerusalem, Eichmann case, Judgment, 12 December 1961.
United States of America
In its judgment in the Pohl case in 1947, the US Military Tribunal at Nuremberg, in considering charges of war crimes and crimes against humanity, held:
Slavery may exist even without torture. Slaves may be well fed, well clothed, and comfortably housed, but they are still slaves if without lawful process they are deprived of their freedom by forceful restraint. We might eliminate all proof of ill-treatment, overlook the starvation, beatings, and other barbarous acts, but the admitted fact of slavery – compulsory uncompensated labour – would still remain. There is no such thing as benevolent slavery. Involuntary servitude, even if tempered by humane treatment, is still slavery. 
United States, Military Tribunal at Nuremberg, Pohl case, Judgment, 3 November 1947.
United States of America
In the List case (The Hostages Trial) in 1948, the US Military Tribunal at Nuremberg found the defendants guilty of committing acts of “deportation to slave labour of prisoners of war and members of the civilian populations in territories occupied by the German Armed Forces”. 
United States, Military Tribunal at Nuremberg, List case (The Hostages Trial), Judgment, 19 February 1948.
United States of America
In the Milch case in 1947, the US Military Tribunal at Nuremberg found the accused guilty of war crimes in that he was responsible for the slave labour and deportation to slave labour of the civilian populations of countries and territories occupied by the German armed forces, and in the enslavement, deportation, ill-treatment and terrorization of such persons. The Tribunal found the accused guilty of crimes against humanity for the same war crimes insofar as they related to foreign nationals. Judge Fitzroy D Phillips referred to the definition of crimes in the 1945 Allied Control Council Law No. 10 and stated in his concurring opinion that the law treats as separate crimes and different types of crime deportation to slave labour (as a war crime) and enslavement (as a crime against humanity). 
United States, Military Tribunal at Nuremberg, Milch case, Judgment, 17 April 1947.
United States of America
In its judgment in the Krauch case (The I.G. Farben Trial) in 1948, the US Military Tribunal at Nuremberg, without attempting to define what constituted “work in direct relation to war operations” within the meaning of the 1929 Geneva POW Convention, held that the use of prisoners of war in coal mines under the existing conditions amounted to a violation of the Convention and, therefore, was a war crime. With regard to the deportation of the civilian inhabitants of occupied territories to slave labour, the Tribunal held:
The use of concentration camp labour and forced foreign workers at Auschwitz, with the initiative displayed by the officials of Farben in the procurement and utilization of such labour, is a crime against humanity and, to the extent that non-German nationals were involved, also a war crime, to which the slave labour programme of the Reich will not warrant the defence of necessity. 
United States, Military Tribunal at Nuremberg, Krauch case (The I.G. Farben Trial), Judgment, 29 July 1948.
United States of America
In its judgment in the Krupp case in 1948, the US Military Tribunal at Nuremberg referred to the statement of the law applicable to the deportation to slave labour and enslavement made by Judge Phillips in the Milch case and found the accused guilty of forcing French prisoners of war to work in the armament industry. 
United States, Military Tribunal at Nuremberg, Krupp case, Judgment, 30 June 1948.
Algeria
In 2006, in its third periodic report to the Human Rights Committee, Algeria stated:
57. Since 1991, Algeria has had to confront terrorism in an atmosphere of indifference and suspicion. Efforts to combat this scourge, requiring the implementation of special measures, have always been deployed within the framework of the law and respect for human dignity.
58. In order to deal with this exceptional situation, in February 1992 the Algerian authorities decided to declare – as they are entitled to do under the Constitution – a state of emergency. Although the state of emergency did impose some restrictions on the exercise of civil rights and liberties, it did not relieve the State of its obligations to guarantee the right to exercise the fundamental civil liberties provided for in the existing domestic constitutional order and in the international agreements ratified by Algeria.
59. The exceptional measures taken during the state of emergency were all accompanied by guarantees for the protection of human rights. No restrictions were placed on the rights and freedoms enshrined in inter alia, article 8] of the International Covenant on Civil and Political Rights.
277. Slavery, human trafficking and servitude are practices that are not known to Algerian society, which cultivates relationships based on respect and equality both among individuals, and between individuals and the State, in accordance with the principles set out in articles 8 and 9 of the Constitution. 
Algeria, Third periodic report to the Human Rights Committee, 7 November 2006, UN Doc. CCPR/C/DZA/3, submitted 22 September 2006, §§ 57–59 and 277.
Azerbaijan
In 2007, in its third periodic report to the Human Rights Committee, Azerbaijan stated:
The slave trade, that is detaining persons for the purpose of their enslavement or use as slaves, the sale, exchange or disposal in any other manner of persons, and also any act associated with the slave trade or the transportation of slaves, along with sexual slavery or encroachments on sexual freedom in the form of slavery are punishable by terms of deprivation of liberty for periods of between 5 and 10 years. 
Azerbaijan, Third periodic report to the Human Rights Committee, 10 December 2007, UN Doc. CCPR/C/AZE/3, submitted 4 October 2007, § 173.
Chad
In 2009, in its written replies to the issues raised by the Human Rights Committee with regard to Chad’s initial report, Chad stated:
Concerns persist in the case of international adoption as Chad has not yet ratified the Hague Convention of 1993 on Protection of Children and Cooperation in respect of Inter-Country Adoption. This legal lacuna makes it impossible to monitor children adopted by foreigners and it exposes some children to the risks of exploitation in a context of increasing trafficking in children. In practice however the legal procedure for adoption is rarely followed. The traditional method of adoption … is unfortunately expanding as a result of the increasing number of orphans and children rendered vulnerable by conflict … , who are taken in by families without any legal proceedings. 
Chad, Written replies by the Government of Chad to the Human Rights Committee concerning the list of issues to be taken up in connection with the initial report of Chad, 20 January 2009, UN Doc. CCPR/C/TCD/Q/1/Add.1, submitted 12 January 2009, § 51.
Chile
In 2006, in its fifth periodic report to the Human Rights Committee, Chile stated:
Chile abolished slavery in 1823. Article 19.2 of the Constitution expressly states that “There are no slaves in Chile, and those who tread its soil shall be free”. The 1926 Slavery Convention, the 1953 Protocol to it and the 1956 Supplementary Convention on the Abolition of Slavery were approved on 20 June 1995 and Chile’s documents of accession were deposited with the United Nations on 7 November 1995. 
Chile, Fifth periodic report to the Human Rights Committee, 5 July 2006, UN Doc. CCPR/C/CHL/5, submitted 7 February 2006, § 154.
Côte d’Ivoire
In 2010, in its combined initial to third periodic reports to the Committee on the Elimination of Discrimination against Women, Côte d’Ivoire stated:
270. Armed conflicts are causes of sexual violence, trafficking of women and increasing prostitution. They have certainly aggravated the trafficking of women and prostitution.
271. There are several resettlement programmes for young combatants and war victims, but they do not take account of the specific problems of girls.  
Côte d’Ivoire, Combined initial to third periodic reports to the Committee on the Elimination of Discrimination against Women, 18 October 2010, UN Doc. CEDAW/C/CIV/1-3, submitted 7 September 2010, §§ 270–271.
Democratic Republic of the Congo
In 2005, in its third periodic report to the Human Rights Committee, the Democratic Republic of the Congo stated:
56. Article 134, paragraphs 1 and 3, of the transitional Constitution provide that: “In accordance with the provisions of article 73 of the present Constitution, the President of the Republic declares war on a decision of the Council of Ministers on the recommendation of the National Defence Council and authorization of the National Assembly and Senate. The rights and duties of citizens in time of war or in the event of invasion or attack on the country by foreign forces shall be governed by an organization act.”
57. Although the Constitution does not explicitly state which rights may be derogated from, in the event of the proclamation of a state of war or emergency, by constitutional tradition there is no authorization for derogation from the following fundamental rights: the right to life, the right to physical integrity (right not to be tortured), the right to equality, the right not to be kept in slavery or servitude, the right not to be imprisoned for acts of commission or omission which did not constitute offences when they were perpetrated, freedom of thought, conscience and religion, and recognition of legal personality. 
Democratic Republic of the Congo, Third periodic report to the Human Rights Committee, UN Doc. CCPR/C/COD/2005/3, 3 May 2005, §§ 56–57.
Democratic Republic of the Congo
In 2007, in its second periodic report to the Committee on the Rights of the Child, the Democratic Republic of the Congo stated:
157. Sexual violence is also a very disturbing trend which especially affects women and girls. During the war, it took on barbaric forms, in that it involved mainly members of armed forces and groups, but it is now increasingly committed by civilians …
158. With a view to preventing and severely punishing violations involving this type of violence while at the same time ensuring systematic care for victims, … [the Law Relative to Sexual Violence (2006)] and [Act] and No. 06/019 of 20 July 2006 were adopted to take more vigorous action against sexual violence. They amend, respectively, provisions of the Penal Code and the Code of Criminal Procedure.
159 … [The Law Relative to Sexual Violence (2006)] … criminalizes other forms of anti-social behaviour which had heretofore gone unpunished. Certain violations were drawn from the [1998 ICC] Statute … , others from the [2000] Optional Protocol … on … [Child Trade], … [P]rostitution and … [P]ornography.
160 … Mention should be made of the following new offenses: … sexual slavery … [and] sexual trafficking and exploitation of children …
161. Act No. 0619 provides for an expedited procedure for investigation and trial of sexual violence cases. 
Democratic Republic of the Congo, Second periodic report to the Committee on the Rights of the Child, 24 July 2008, UN Doc. CRC/C/COD/2, submitted 23 October 2007, §§ 157–161.
Democratic Republic of the Congo
In 2008, a training manual by the Prosecutor at the Military High Court for magistrates on techniques for investigating sexual crimes, including war crimes, was adopted as part of the Programme on Investigating Sexual Crimes of the Democratic Republic of the Congo. The training manual states:
A. The prosecution of sexual offences under Congolese law …
In our country, sexual offences … are prosecuted and punished based on … [the Law Relative to Sexual Violence (2006)] …
This law … incorporated offences from international humanitarian law. [It provides for:]
6. Sexual slavery (article 174e)
It consists of the act of purchasing, selling, lending or bartering such a person for sexual purposes, and causing that person to engage in one or more acts of a sexual nature.
11. Trafficking and exploitation of children for sexual purposes (article 174j)
It concerns transactions related to the trafficking or exploitation of children or any other person for sexual purposes in return for remuneration or any advantage whatsoever.
B. The prosecution of sexual offences as international crimes
In our country, the prosecution of such offences are based in two legal instruments, namely, the … [1998 ICC] Statute and the Military Penal Code [(2002)].
The … [1998 ICC] Statute provides for sexual offences among other human rights violations which constitute crimes against humanity and war crimes.
In article 8, the Statute defines war crimes as breaches of the 1949 Geneva Conventions … , namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention: “… sexual slavery … ”.
It is important to note that article 153(4) of the Constitution … [(2006)] allows civil and military courts and tribunals to apply duly ratified international treaties … [T]he ratification of the Statute was authorised by Decree-Law No. 013/2002 of 3 March 2002.
The Military Penal Code [(2002)] treats sexual offences as crimes against humanity and punishes them in article 169, which states that
any of the following acts, perpetrated as part of a widespread or systematic attack knowingly directed against the Republic or the civilian population, equally constitutes a crime against humanity and is punished by death, whether committed in time of peace or in time of war: … sexual slavery.
Conclusion
Our country has nowadays an appropriate and up-to-date legislation for the prosecution and punishment of sexual offences. 
Democratic Republic of the Congo, Training manual by the Prosecutor at the Military High Court for magistrates on techniques for investigating sexual crimes, adopted as part of the Programme on Investigating Sexual Crimes of the Democratic Republic of the Congo, Military Justice seminar, 2008, pp. 66–69, 71–72 and 75.
Djibouti
In 1998, in its initial report to the Committee on the Rights of the Child, Djibouti stated: “In Djibouti, the sale of human beings is absolutely prohibited by the legal system.” 
Djibouti, Initial report to the Committee on the Rights of the Child, 1998, § 152.
Finland
In 2003, in its fifth periodic report to the Human Rights Committee, Finland stated:
It was not considered necessary to specifically mention slavery and servitude in the list of rights guaranteed by section 7 of the Constitution as the prohibition of slavery and servitude, which is without any doubt in force in Finland in the same way as the general prohibition of interference with the integrity of person, may undisputedly be derived from the general provision in section 7, subsection 1, of the Constitution. 
Finland, Fifth periodic report to the Human Rights Committee, 24 July 2003, UN Doc. CCPR/C/FIN/2003/5, submitted 17 June 2003, § 128.
Morocco
In 2004, in its fifth periodic report to the Human Rights Committee, Morocco stated:
120. Under article 8 of the Covenant, slavery and the slave trade and forced or compulsory labour are prohibited. The principles of Islam proscribing slavery and establishing the equality of all without discrimination are an integral part of Morocco’s constitutional provisions and of the rules governing social behaviour.
121. Morocco is a party to the international instruments on slavery and forced labour, namely the Slavery Convention, the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, and International Labour Organization (ILO) Conventions Nos. 29, concerning forced labour, and 105, concerning the abolition of forced labour. 
Morocco, Fifth periodic report to the Human Rights Committee, 11 May 2004, UN Doc. CCPR/C/MAR/2004/5, submitted 10 March 2004, §§ 120–121.
Poland
In 2004, in its fifth periodic report to the Human Rights Committee, Poland stated:
The Republic of Poland unconditionally observes the prohibition of slavery, the slave trade and servitude contained in article 8 of the Covenant [on Civil and Political Rights]. Polish legislature in this field implements the obligations arising from international law, especially from the Convention of 7 November 1956 on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, ratified by Poland (Journal of Laws of 1963 no. 33 items 185 and 186).
Poland is also a state party to the Convention no. 29 of the International Labour Organisation of 28 June 1930 on Forced or Compulsory Labour (Journal of Laws of 1959 no. 20 item 122 and 123) and the Convention no. 105 the International Labour Organisation of 25 June 1957 on the Abolition of Forced Labour (Journal of Laws of 1959 no. 39 items 240 and 241). 
Poland, Fifth periodic report to the Human Rights Committee, UN Doc. CCPR/C/POL/2004/5, 26 January 2004, § 129.
Serbia and Montenegro
In 2003, in its initial report to the Human Rights Committee, Serbia and Montenegro reported:
153. Pursuant to the Charter of Human and Minority Rights and Civil Liberties [of the State Union of Serbia and Montenegro, adopted in 2003], derogation from human and minority rights guaranteed by this Charter is allowed following the declaration of a state of war or a state of emergency, if the existence of the State Union or a member State is threatened, but only to the extent necessary under the given circumstances. Measures of derogation from human and minority rights cease to have effect following the end of the state of war or the state of emergency. No derogation is permitted even during the state of war or the state of emergency from the … prohibition of slavery, servitude and forced labour …
215. … Article 13 [of the Charter of Human and Minority Rights and Civil Liberties of the State Union of Serbia and Montenegro, adopted in 2003] prohibits slavery, servitude and forced labour. This Article provides that sexual or economic exploitation of persons in a disadvantageous position is also considered forced labour, work or service; however, the work or service imposed on persons effectively convicted, persons in military service or in case of emergency situations threatening the life of the community are not considered forced labour. Likewise, the provisions of this Article prohibit any form of human trafficking. It is pointed out that, under the Charter, no derogation measures are applicable in any case to the right to inviolability of physical and mental integrity and to the prohibition of slavery, servitude and forced labour.  
Serbia and Montenegro, Initial report to the Human Rights Committee, UN Doc. CCPR/C/SEMO/2003/1, 24 July 2003, §§ 153 and 215.
Somalia
In 2011, in its report to the Human Rights Council, Somalia stated:
Somalia has not ratified AP II [1977 Additional Protocol II] and it is therefore not directly applicable to Somalia as a matter of treaty law. The Government is aware that many provisions of AP II represent customary IHL rules and therefore apply to the situation in Somalia. Such provisions include Article 4 providing guarantees to persons taking no active part in hostilities … due to the fact that these norms are reflected in Common Article 3 of the [1949] Geneva Conventions. 
Somalia, Report to the Human Rights Council, 11 April 2011, UN Doc. A/HRC/WG.6/11/SOM/1, § 75.
Sri Lanka
In 2008, in its combined third and fourth periodic reports to the Committee on the Rights of the Child, Sri Lanka stated:
17. Legislation was passed in a number of areas to strengthen children’s rights and enhance their protection. These included the following:
(c) The Penal Code (Amendment) Act No. 16 of 2006 strengthened the law against child trafficking including that by electronic media. The new section 360C adopts the wide definition of trafficking in the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons. The new section 358A has criminalized outstanding worst forms of child labour as stipulated in the International Labour Organization (ILO) [1999] Convention [on the Worst Forms of Child Labour] No. 182: debt bondage and serfdom, … [and] slavery …
383. Several amendments were made to the Penal Code by Amendment Act No. 16 of 2006 to bring offences against children … in line with international norms and standards.
384. The new law repealed and replaced the older law on trafficking in persons, to bring it line with the definition of trafficking in the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children supplementing the [2000] United Nations Convention against Transnational Organized Crime. Other than buying, selling and bartering of persons, the definition of trafficking now encompasses recruiting, transporting, transferring, harbouring, receiving any person, or doing any other act for the purpose of securing forced or compulsory labour or services, slavery, servitude, the removal of organs, … or any other act which constitutes an offence under any law (section 360 C). While with respect to adult victims these acts must be done by means of threat, deception, inducement etc., in the case of children the means used is irrelevant. Furthermore, for children the law specifically provides that the offence is committed whether the acts are done with or without the consent of the child. The new law recognizes that trafficking often consists of a chain of events with the participation of many actors, and makes it possible to catch perpetrators at each point in the chain.
385. The Convention on Preventing and Combating Trafficking in Women and Children for Prostitution Act No. 30 of 2005 was enacted to give effect to the South Asian Association for Regional Cooperation (SAARC) Convention (of the same title) to which Sri Lanka is bound at the regional level. The Act could be seen as supplementing the provisions of the Penal Code. The SAARC Act makes it an offence to keep, maintain, manage, finance or rent out any building for the purpose of trafficking of women and children for prostitution or any connected matter. It provides for compensation to be paid to the victim, recovered from any fine imposed as a penalty for the offence. It also makes offences under the Act extraditable and contains provisions regarding co-operation between States in the investigation and prosecution of trafficking. 
Sri Lanka, Combined third and fourth periodic reports to the Committee on the Rights of the Child, 20 January 2010, UN Doc. CRC/C/LKA/3-4, submitted 24 October 2008, §§ 17(c) and 383–385.
Sudan
In 2006, in its third periodic report to the Human Rights Committee, Sudan stated: “The Constitution stipulates that prohibition of slavery is absolute and shall not be suspended even in emergencies (article 211 (a) of the Constitution).” 
Sudan, Third periodic report to the Human Rights Committee, 10 January 2007, UN Doc. CCPR/C/SDN/3, submitted 29 June 2006,§ 208.
Syrian Arab Republic
In 2004, in its third periodic report to the Human Rights Committee, the Syrian Arab Republic stated:
61. The State of Emergency Act, which was promulgated in Legislative Decree No. 51 of 22 December 1962, as amended by Legislative Decree No. 1 of 9 March 1963, and which is currently in force in the Syrian Arab Republic, is an exceptional constitutional regime, based on the concept of an imminent threat to the country’s integrity, under which the competent authorities are empowered to take all the measures provided by law to protect the territory territorial waters and air space of the State, in whole or in part, from the dangers arising from external armed aggression by transferring some of the powers of the civil authorities to the military authorities. Article 101 of the Constitution states that the President of the Republic can declare and terminate a state of emergency in the manner stated in the law. Article 1 of this Act specifies the reasons justifying its promulgation by stipulating that a state of emergency can be proclaimed in the event of war, a situation entailing the threat of war or a situation in which security or public order in the territory of the Republic, or any part thereof, is jeopardized by internal disturbances or the occurrence of general disasters.
62. Since 1948, the Syrian Arab Republic, which was a founding member of the United Nations, has been subjected, like other neighbouring Arab States, to a real threat of war by Israel and, on many occasions, this threat of war has culminated in actual aggression against the territory, territorial waters and air space of the Syrian Arab Republic, particularly in 1967 when Israel seized part of the territory of the Syrian Arab Republic, which it is still occupying, and expelled a large proportion of its population. The latest incident of Israeli aggressions was in Ein El-Saheb on 5 October 2003.
63. This state of affairs, consisting in a real threat of war, the continued occupation of part of the territory of the Syrian Arab Republic and the existence of a real threat of seizure and ongoing occupation of further land in violation of United Nations resolutions, gave rise to an exceptional situation that necessitated the rapid and extraordinary mobilization of forces in the Syrian Arab Republic and, consequently, the promulgation of legislation to ensure the Administration’s ability to act rapidly in the face of these imminent threats when application of the ordinary legislation cannot guarantee rapid action in such circumstances. Accordingly, there was a need to promulgate this Act and maintain it in force. It should be borne in mind that all countries of the world have applied exceptional legislation, in one form or another, when they were faced with a state of war or a threat of war in order to protect their national security. This is a fundamental right recognized in the International Covenant on Civil and Political Rights, article 4 of which stipulates that: “In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation”.
68. The application of the provisions of the Emergency Act in Syria does not mean in any way a suspension of the provisions of the Constitution and other laws nor a derogation from other international obligations, including obligations in which Syria has entered by virtue of bilateral or multilateral international agreements, such as provisions of the International Covenant on Civil and Political Rights and the obligation to submit reports under article 40 of the Covenant. Furthermore, the grounds for a declaration of a state of emergency do not involve any discrimination on grounds of race, colour, gender, language, religion or social origin. The declaration of the state of emergency has not led to any violations of [inter alia, article 8 paragraphs 1 and 2 of the International Covenant on Civil and Political Rights] which remain enforceable under the Constitution and laws, in conformity with the Covenant. 
Syrian Arab Republic, Third periodic report to the Human Rights Committee, 19 October 2004, UN Doc. CCPR/C/SYR/2004/3, submitted 5 July 2004, §§ 61–63 and 68.
Uganda
In 2003, in its initial report to the Human Rights Committee, Uganda stated that there are “certain Rights that cannot be derogated from and these include … freedom from slavery or servitude”. 
Uganda, Initial report to the Human Rights Committee, 25 February 2003, UN Doc. CCPR/C/UGA/2003/1, submitted 14 February 2003, § 108; see also §§ 119 and 168.
The report further stated:
Section 241 of the 1995 Penal Code Act of the republic of Uganda goes on to state, “Any person who imports, exports, removes, buys or sells or disposes of any person as a slave or accepts, receives or detains against his will any person as a slave is guilty of a felony and is liable to imprisonment for fifteen years.” 
Uganda, Initial report to the Human Rights Committee, 25 February 2003, UN Doc. CCPR/C/UGA/2003/1, submitted 14 February 2003, § 195.
In addition, the report stated:
473. It is important to note that … there are areas where derogation is not acceptable under whatever circumstances. They are under article 44.
474. Article 44 of the Constitution of the Republic of Uganda (1995) states that:
Notwithstanding anything in this Constitution, there shall not be derogation from the enjoyment of the following rights and freedoms:
(a) freedom from torture, cruel, inhuman or degrading treatment or punishment;
(b) freedom from slavery or servitude;
(c) right to fair hearing;
(d) right to an order of habeas corpus. 
Uganda, Initial report to the Human Rights Committee, 25 February 2003, UN Doc. CCPR/C/UGA/2003/1, submitted 14 February 2003, § 108; see also §§ 473–474.
United Kingdom of Great Britain and Northern Ireland
The UK Government Strategy on the Protection of Civilians in Armed Conflict (2010) states: “IHL requires parties to a conflict to respect and protect civilians. … [C]ivilians must not be … subjected to acts of violence such as … slavery”. 
United Kingdom, Foreign and Commonwealth Office, Government Strategy on the Protection of Civilians in Armed Conflict, March 2010, p. 4.
United States of America
In a concurrent resolution adopted in 2000, the US Congress expressed its sense concerning the war crimes committed by the Japanese military during the Second World War, in particular the enslavement of millions of Koreans.  
United States, House of Representatives (Senate concurring), Concurrent Resolution, H.CON. RES. 357, 106th Congress, 2nd Session, 19 June 2000.
United States of America
According to the Report on US Practice, “Articles 4, 5 and 6 [of the 1977 Additional Protocol II] reflect general US policy on treatment of persons in the power of an adverse party in armed conflicts governed by common Article 3” of the 1949 Geneva Conventions. The report also notes: “It is the opinio juris of the US that persons detained in connection with an internal armed conflict are entitled to humane treatment as specified in Articles 4, 5 and 6 [of the 1977 Additional Protocol II].” 
Report on US Practice, 1997, Chapter 5.3.
Venezuela
In 2012, in its fourth periodic report to the Human Rights Committee, Venezuela stated:
55. With regard to the protection of rights enshrined in the Constitution of the Bolivarian Republic of Venezuela in states of emergency, articles 337 to 339 provide that guarantees contained in the Constitution may be temporarily suspended, with the exception of “those relating to the right to life, the prohibition of the holding of persons incommunicado or torture, the right to due process, the right to information and other intangible human rights”.
56. On the question of legislative action to give effect to this constitutional provision, it is important to note that, under the present Government, no state of emergency has been decreed, notwithstanding the fuel shortage during the 2002 oil strike or coup d’état.
57. The Venezuelan State legislated on the matter and in 2001 the States of Emergency Act entered into force, setting out in its article 7 the relevant guiding principles. Under that article, and in accordance with article 339 of the Constitution of the Bolivarian Republic of Venezuela, article 4, paragraph 2, of the International Covenant on Civil and Political Rights and article 27, paragraph 2, of the American Convention on Human Rights, no restrictions can be placed on guarantees relating [inter alia to … the right not to be subjected to slavery or servitude …
58. Continuing with the interpretation of constitutional precepts, article 338 covers the three kinds of states of emergency and establishes, in accordance with the principle of gradualism, factual circumstances that may justify them and their limitation in time … [A] state of internal or external disturbance may be declared in the event of internal or external conflict that seriously endangers the security of the nation, its citizens or institutions, for a period of up to 90 days, renewable for the same period of time. 
Venezuela, Fourth periodic report to the Human Rights Committee, 29 April 2013, UN Doc. CCPR/C/VEN/4, submitted 18 December 2012, §§ 55–58.
[footnotes in original omitted]
UN Security Council
In a resolution adopted in 2004 on children and armed conflict, the UN Security Council strongly condemned certain crimes involving children in armed conflict, including the “trafficking, forced labour and all forms of slavery”. 
UN Security Council, Res. 1539, 22 April 2004, § 1, voting record: 15-0-0.
UN General Assembly
In a resolution adopted in 1996 on the situation of human rights in the Sudan, the UN General Assembly:
1. Expresses deep concern at the serious, widespread and continuing human rights violations in the Sudan, including …slavery [and] practices similar to slavery …
2. Calls upon the Government of the Sudan to comply with applicable international human rights instruments to which the Sudan is a party, in particular the International Covenants on Human Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child, the Slavery Convention, as amended, and the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, to implement those instruments to which it is a party and to ensure that all individuals in its territory and subject to its jurisdiction, including members of all religious and ethnic groups, enjoy fully the rights recognized in those instruments;
3. Urges the Government of the Sudan to ensure that all cases of slavery, servitude, slave trade, forced labour and similar practices brought to its attention are investigated and all appropriate measures are implemented to put an immediate end to these practices. 
UN General Assembly, Res. 51/112, 12 December 1996, §§ 1–3, voting record: 100-16-50-19.
UN General Assembly
In a resolution adopted in 2003 on global efforts for the total elimination of racism, racial discrimination, xenophobia and related intolerance, the UN General Assembly acknowledged that “no derogation from the prohibition of racial discrimination, genocide, the crime of apartheid or slavery is permitted, as defined in the obligations under the relevant human rights instruments”. 
UN General Assembly, Res. 58/160, 22 December 2003, § 1, voting record: 174-2-2-13.
UN General Assembly
In a resolution adopted in 2004 on global efforts for the total elimination of racism, racial discrimination, xenophobia and related intolerance, the UN General Assembly acknowledged that “no derogation from the prohibition of racial discrimination, genocide, the crime of apartheid or slavery is permitted, as defined in the obligations under the relevant human rights instruments”. 
UN General Assembly, Res. 59/177, 20 December 2004, § 1, voting record: 183-3-2-3.
UN General Assembly
In a resolution adopted in 2005 on global efforts for the total elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action, the UN General Assembly acknowledged that “no derogation from the prohibition of racial discrimination, genocide, the crime of apartheid or slavery is permitted, as defined in the obligations under the relevant human rights instruments”. 
UN General Assembly, Res. 60/144, 16 December 2005, § 1, voting record: 172-3-4-12.
UN General Assembly
In a resolution adopted in 2006 on the commemoration of the two-hundredth anniversary of the abolition of the transatlantic slave trade, the UN General Assembly:
Reaffirming the Universal Declaration of Human Rights which proclaimed that no one shall be held in slavery or servitude and that slavery and the slave trade shall be prohibited in all their forms,
Recalling that slavery and the slave trade were declared a crime against humanity by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa, from 31 August to 8 September 2001. 
UN General Assembly, Res. 61/19, 28 November 2006, preamble, adopted without a vote.
UN General Assembly
In a resolution adopted in 2006 on global efforts for the total elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action, the UN General Assembly acknowledged that “no derogation from the prohibition of … slavery is permitted”. 
UN General Assembly, Res. 61/149, 19 December 2006, § 1, voting record: 179-2-4-7.
UN General Assembly
In a resolution adopted in 2006 on improving the coordination of efforts against trafficking in persons, the UN General Assembly:
Recalling its resolutions 55/25 of 15 November 2000, 58/137 of 22 December 2003, 59/166 of 20 December 2004 and other relevant General Assembly resolutions on trafficking in persons and other contemporary forms of slavery,
Recalling further the United Nations Convention against Transnational Organized Crime and, in particular, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery,
Recognizing that contemporary forms of slavery violate human rights and that trafficking in persons impairs the enjoyment of human rights, continues to pose a serious challenge to humanity and requires a concerted international response,
Welcoming international cooperation in order to promote and protect the human rights of persons exploited through trafficking and other contemporary forms of slavery and to advocate for their liberation and for economic, educational and other means of support to victims of trafficking and other contemporary forms of slavery,
Welcoming also the efforts of Member States and intergovernmental and nongovernmental organizations in preventing and combating trafficking in persons and other contemporary forms of slavery and enhancing the protection of and assistance to victims of trafficking in persons and other contemporary forms of slavery,
Underlining the need to continue to work towards a comprehensive, coordinated and holistic approach to the problem of trafficking in persons and other contemporary forms of slavery, including devising, enforcing and strengthening effective measures to prosecute traffickers, prevent trafficking in persons and other contemporary forms of slavery and protect their victims,
1. Recognizes that broad international cooperation between Member States and relevant intergovernmental and non-governmental organizations is essential for effectively countering the threat of trafficking in persons and other contemporary forms of slavery, and invites them to foster a global partnership against trafficking in persons and other contemporary forms of slavery, with a view to eliminating all contemporary forms of slavery and trafficking in persons and protecting and assisting their victims;
4. Also urges Member States that have not yet done so to consider taking measures to ratify or accede to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, the Convention on the Elimination of All Forms of Discrimination against Women, and the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, and to implement fully all aspects of these instruments;
9. Further invites Member States to take all appropriate measures to promote the physical, cognitive and psychological recovery, rehabilitation and social integration of human beings who have become victims of exploitation, violence and abuse as a result of trafficking in persons and other contemporary forms of slavery. 
UN General Assembly, Res. 61/180, 20 December 2006, preamble and §§ 1, 4 and 9, adopted without a vote.
UN General Assembly
In a resolution adopted in 2007 on global efforts for the total elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action, the UN General Assembly acknowledged that “no derogation from the prohibition of racial discrimination, genocide, the crime of apartheid or slavery is permitted, as defined in the obligations under the relevant human rights instruments”. 
UN General Assembly, Res. 62/220, 22 December 2007, § 1, voting record: 105-46-6-35.
UN Economic and Social Council
In a resolution adopted in 2003 on the strengthening of international cooperation in preventing and combating trafficking in persons and protecting victims of such trafficking, ECOSOC:
Condemning trafficking in persons as an abhorrent form of modern-day slavery and as an act that is contrary to universal human rights,
1. Urges Member States to employ a comprehensive approach to combating trafficking in persons, incorporating law enforcement efforts and, where appropriate, the confiscation and seizure of the proceeds of trafficking, protection of victims and preventive measures, including measures against activities that draw profit from the exploitation of victims of trafficking;
2. Calls upon Member States to collaborate with a view to preventing trafficking in persons, especially for the purpose of sexual exploitation, through:
(a) Improved technical cooperation to strengthen local and national institutions aimed at preventing trafficking in persons, especially women and children, in countries of origin;
(b) Information campaigns on the techniques and methods of traffickers, programmes of education aimed at prospective targets, as well as vocational training in social skills and assistance in the re-integration of victims of trafficking into society;
(c) Focusing on post-conflict regions where patterns of human trafficking are emerging as a new phenomenon and incorporating anti-trafficking measures into early intervention;
3. Recognizes that broad international cooperation between Member States and relevant intergovernmental and nongovernmental organizations is essential to effectively counter the threat of trafficking in persons;
4. Urges Member States to take measures to ratify or accede to the United Nations Convention against Transnational Organized Crime, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, and to implement those instruments by, inter alia:
(a) Criminalizing trafficking in persons;
(b) Promoting cooperation among law enforcement authorities in combating trafficking in persons;
(c) Establishing the offence of trafficking in persons as a predicate offence for money-laundering offences. 
ECOSOC, Res. 2003/20, 22 July 2003, preamble and §§ 1–4, adopted without a vote.
UN Economic and Social Council
In a resolution adopted in 2006 on the strengthening of international cooperation in preventing and combating trafficking in persons and protecting victims of such trafficking, ECOSOC:
Condemning trafficking in persons as an abhorrent form of modern-day slavery and as an act that is contrary to universal human rights,
1. Urges Member States that have not done so to consider taking measures to ratify or accede to the United Nations Convention against Transnational Organized Crime, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing that Convention, and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography;
2. Urges all Member States:
(a) To criminalize trafficking in persons;
(b) To promote cooperation among law enforcement authorities in combating trafficking in persons;
(c) To ensure the security and control of travel or identity documents;
(d) To establish the offence of trafficking in persons as a predicate offence for money-laundering offences;
6. Calls upon Member States to collaborate with a view to preventing trafficking in persons, including for the purpose of sexual exploitation. 
ECOSOC, Res. 2006/27, 27 July 2006, preamble and §§ 1–2 and 6, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 1996, the UN Commission on Human Rights urged the Government of the Sudan, following the Sudan’s letter to the Centre for Human Rights of 22 March 1996,
to carry out its investigations without delay into cases of slavery, servitude, the slave trade, forced labour and similar institutions and practices, as reported by the Special Rapporteur and others, and to take all appropriate measures to put an immediate end to these practices. 
UN Commission on Human Rights, Res. 1996/73, 23 April 1996, § 10, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 1998 on the situation of human rights in Myanmar, the UN Commission on Human Rights expressed its deep concern at the widespread use of forced labour “including for work on infrastructure projects and as porters for the army”. It specifically condemned this practice in relation to women and children. 
UN Commission on Human Rights, Res. 1998/63, 21 April 1998, § 3(a), (c) and (d), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2003 on the situation of human rights in Myanmar, the UN Commission on Human Rights expressed its grave concern at “trafficking in persons”. 
UN Commission on Human Rights, Res. 2003/12, 16 April 2003, § 3(c), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2003 on the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action, the UN Commission on Human Rights acknowledged that “no derogation from the prohibition of racial discrimination, genocide, the crime of apartheid or slavery is permitted, as defined in the obligations under the relevant human rights instruments”. 
UN Commission on Human Rights, Res. 2003/30, 23 April 2003, § 1, voting record: 38-1-13.
UN Commission on Human Rights
In a resolution adopted in 2003 on the elimination of violence against women, the UN Commission on Human Rights:
Recalling the inclusion of gender-related crimes and crimes of sexual violence in the Rome Statute of the International Criminal Court (A/CONF.183/9), which affirms that rape, sexual slavery … and other forms of sexual violence constitute, in defined circumstances, a crime against humanity and/or a war crime, and reiterating that acts of sexual violence in situations of armed conflict can constitute serious violations or grave breaches of international humanitarian law,
15. Strongly condemns violence against women committed in situations of armed conflict, such as murder, rape, including … sexual slavery … and calls for effective responses to these violations of international human rights and humanitarian law. 
UN Commission on Human Rights, Res. 2003/45, 23 April 2003, preamble and § 15, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2004 on the elimination of violence against women, the UN Commission on Human Rights:
Recalling the inclusion of genderrelated crimes and crimes of sexual violence in the Rome Statute of the International Criminal Court (A/CONF.183/9), which affirms that rape, sexual slavery … and other forms of sexual violence constitute, in defined circumstances, a crime against humanity and/or a war crime, and reiterating that acts of sexual violence in situations of armed conflict can constitute serious violations or grave breaches of international humanitarian law,
16. Strongly condemns violence against women committed in situations of armed conflict, such as murder, rape, including … sexual slavery … and calls for effective responses to these violations of human rights and international humanitarian law. 
UN Commission on Human Rights, Res. 2004/46, 20 April 2004, preamble and § 16, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2004 on the situation of human rights in Myanmar, the UN Commission on Human Rights expressed its grave concern at “trafficking in persons”. 
UN Commission on Human Rights, Res. 2004/61, 21 April 2004, § 3(d), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2004 on the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action, the UN Commission on Human Rights acknowledged that “no derogation from the prohibition of racial discrimination, genocide, the crime of apartheid or slavery is permitted, as defined in the obligations under the relevant human rights instruments”. 
UN Commission on Human Rights, Res. 2004/88, 22 April 2004, § 1, voting record: 38-1-14.
UN Commission on Human Rights
In a resolution adopted in 2005 on the situation of human rights in Myanmar, the UN Commission on Human Rights:
1. Welcomes:
(e) The ratification by Myanmar of the United Nations Convention against Transnational Organized Crime and two of its Protocols, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the Convention on 30 March 2004;
3. Expresses its grave concern at:
(f) … trafficking in persons. 
UN Commission on Human Rights, Res. 2005/10, 14 April 2005, §§ 1(e) and 3(f), adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on the elimination of violence against women, the UN Commission on Human Rights:
Recalling the inclusion of genderrelated crimes and crimes of sexual violence in the Rome Statute of the International Criminal Court, which affirms that rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization and other forms of sexual violence of comparable gravity constitute, in defined circumstances, a crime against humanity and/or a war crime, and reiterating that acts of sexual violence in situations of armed conflict can constitute serious violations or grave breaches of international humanitarian law,
2. Reaffirms that the term “violence against women” means any act of genderbased violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life, and encompasses but is not limited to … trafficking in women and girls … violence related to commercial sexual exploitation …
18. Strongly condemns violence against women and girls committed in situations of armed conflict, such as murder, rape, including widespread and systematic rape, sexual slavery and forced pregnancy, and calls for effective responses to these violations of human rights and international humanitarian law;
20. Acknowledges the inclusion of genderrelated crimes in the Rome Statute of the International Criminal Court and in the Elements of Crimes, adopted by the Assembly of State Parties to the Rome Statute in September 2002, and urges States to ratify or accede to the Rome Statute, which entered into force on 1 July 2002. 
UN Commission on Human Rights, Res. 2005/41, 19 April 2005, preamble and §§ 2, 18 and 20, adopted without a vote.
UN Commission on Human Rights
In a resolution adopted in 2005 on the rights of the child, the UN Commission on Human Rights called upon all States:
(c) To increase cooperation at all levels to prevent and dismantle networks trafficking in children;
(d) To consider ratifying or acceding to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. 
UN Commission on Human Rights, Res. 2005/44, 19 April 2005, § 32(c)–(d), voting record: 52-1-0.
UN Commission on Human Rights
In a resolution adopted in 2005 on the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action, the UN Commission on Human Rights acknowledged that “no derogation from the prohibition of racial discrimination, genocide, the crime of apartheid or slavery is permitted, as defined in the obligations under the relevant human rights instruments”. 
UN Commission on Human Rights, Res. 2005/64, 20 April 2005, § 1, voting record: 38-1-14.
UN Human Rights Council
In a resolution adopted in 2007 on the Special Rapporteur on contemporary forms of slavery, the UN Human Rights Council:
Recognizing the Slavery Convention of 1926, the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery of 1956 and International Labour Organization Convention No. 29 on Forced Labour of 1930, as well as other relevant international instruments which prohibit all forms of slavery and call on Governments to eradicate such practices. 
UN Human Rights Council, Res. 6/14, 28 September 2007, preamble, adopted without a vote.
UN Commission on Human Rights (Special Rapporteur)
In 1996, in the report on her mission to the Democratic Republic of Korea, the Republic of Korea and Japan on the issue of military sexual slavery in wartime, the Special Rapporteur of the UN Commission on Human Rights on Violence against Women, its Causes and Consequences stated:
7. … the Special Rapporteur is aware of the position of the Government of Japan … whereby the application of the term “slavery”, defined as “the status or condition of a person over whom any or all powers attaching to the right of ownership are exercised” in accordance with Article 1(1) of the 1926 Slavery Convention, was inaccurate in the case of “comfort women” under existing provisions of international law.
8. The Special Rapporteur, however, holds the opinion that the practice of “comfort women” should be considered a clear case of sexual slavery and slave-like practice in accordance with the approach adopted by relevant international human rights bodies and mechanisms. 
UN Commission on Human Rights, Special Rapporteur on Violence against Women, its Causes and Consequences, Report, UN Doc. E/CN.4/1996/53/Add.1, 4 January 1996, §§ 7–8.
UN Commission on Human Rights (Special Rapporteur)
In 2001, in a report on violence against women perpetrated and/or condoned by the State during times of armed conflict, the Special Rapporteur of the UN Commission on Human Rights on Violence against Women, its Causes and Consequences stated:
During wartime, women are often trafficked across borders to sexually service combatants to the armed conflict. Armed conflict increases the risk of women and girls being abducted and forced into sexual slavery and/or forced prostitution. Although most conflicts are now internal ones, women and girls may be transported across international borders, often to camps of soldiers or rebels located in the territory of a neighbouring State. At least some of these abductions result in women and girls being sold to others and trafficked to other regions or countries. The Governments which host and support the rebel forces also assume a specific obligation to stop the trafficking in human beings and to hold accountable those found responsible for such crimes. 
UN Commission on Human Rights, Special Rapporteur on Violence against Women, its Causes and Consequences, Report, UN Doc. E/CN.4/2001/73, 23 January 2001, § 53.
UN Sub-Commission on Human Rights (Special Rapporteur)
In 1998, the Special Rapporteur of the UN Sub-Commission on Human Rights on systematic rape, sexual slavery and slavery-like practices during armed conflict, including internal armed conflict, having carried out a comprehensive study of the question of rape and other forms of sexual violence during armed conflict, stated:
30. … In all respects and in all circumstances, sexual slavery is slavery and its prohibition is a jus cogens norm. The “comfort stations” that were maintained by the Japanese military during the Second World War (see appendix) and the “rape camps” that have been well documented in the former Yugoslavia are particularly egregious examples of sexual slavery. Sexual slavery also encompasses situations where women and girls are forced into “marriage”, domestic servitude or other forced labour that ultimately involves forced sexual activity, including rape by their captors. For instance, in addition to the cases documented in Rwanda and the former Yugoslavia, there are reports from Myanmar of women and girls who have been raped and otherwise sexually abused after being forced into “marriages” or forced to work as porters or minefield sweepers for the military. In Liberia, there are similar reports of women and girls who have been forced by combatants into working as cooks and who are also held as sexual slaves.
31. Sexual slavery also encompasses most, if not all forms of forced prostitution. The terms “forced prostitution” or “enforced prostitution” appear in international and humanitarian conventions but have been insufficiently understood and inconsistently applied. “Forced prostitution” generally refers to conditions of control over a person who is coerced by another to engage in sexual activity.
32. Older definitions of forced prostitution focus either in vague terms on “immoral” attacks on a woman’s “honour”, or else they are nearly indistinct from definitions that seem more accurately to describe the condition of slavery. Despite these limitations, as the crime is clearly criminalized within the Geneva Conventions and the Additional Protocols thereto, it remains a potential, albeit limited alternative tool for future prosecutions of sexual violence in armed conflict situations.
33. As a general principle it would appear that in situations of armed conflict, most factual scenarios that could be described as forced prostitution would also amount to sexual slavery and could more appropriately and more easily be characterized and prosecuted as slavery. 
UN Sub-Commission on Human Rights, Special Rapporteur on the Situation of Systematic Rape, Sexual Slavery and Slavery-like Practices during Wartime, Final report, UN Doc. E/CN.4/Sub.2/1998/13, 22 June 1998, §§ 30–33.
UN Sub-Commission on Human Rights
In 1974, the UN Sub-Commission on Human Rights was authorized by ECOSOC to establish a Working Group on contemporary forms of slavery to:
review developments in the fields of slavery, the slave trade and the slavery-like practices, of apartheid and colonialism, the traffic in persons and the exploitation of the prostitution of others, as defined in the 1926 Slavery Convention, the 1956 Supplementary Convention on the Abolition of Slavery and the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. 
UN Sub-Commission on Human Rights, Working Group on Contemporary Forms of Slavery, Report on its 26th Session, UN Doc. E/CN.4/Sub.2/2001/30, 16 July 2001, § 1.
In its report containing recommendations to the Sub-Commission in 2001, the Working Group reaffirmed that “every woman, man and child has a fundamental right to be free from all forms of slavery and servitude” and that “forced labour is a contemporary form of slavery”. 
UN Sub-Commission on Human Rights, Working Group on Contemporary Forms of Slavery, Report on its 26th Session, UN Doc. E/CN.4/Sub.2/2001/30, 16 July 2001, § 136, Recommendation 1 (General and preamble) and Recommendation 10, § 1 (Forced labour).
No data.
No data.
International Military Tribunal for Germany
The indictment in the case of the Major War Criminals before the IMT Nuremberg in 1945 listed “enslavement” among crimes against humanity. It added:
The defendants conscripted and forced the inhabitants to labor and requisitioned their services for purposes other than meeting the needs of the armies of occupation and to an extent far out of proportion to the resources of the countries involved. All the civilians so conscripted were forced to work for the German war effort. Civilians were required to register and many of those who registered were forced to join the Todt Organization and the Speer Legion, both of which were semi-military organizations involving some military training. These acts violated Articles 46 and 52 of the Hague Regulations, 1907, the laws and customs of war, the general principles of criminal law as derived from the criminal laws of all civilized nations, the internal penal laws of the countries in which such crimes were committed, and Article 6 (b) of the Charter. 
IMT Nuremberg, Case of the Major War Criminals, Indictment, 20 November 1945, Counts 1, 3(E), 3(H) and 4.
International Military Tribunal for the Far East
The indictment in the case of the Major War Criminals before the IMT Tokyo in 1946 contained references to forced labour and mentioned violations, including “deportation and enslavement of the inhabitants … contrary to [the 1907 Hague Regulations] and to the Laws and Customs of War: Large numbers of the inhabitants or [occupied] territories were … arrested and interned without justification, sent to forced labour …”. 
IMT Tokyo, Case of the Major War Criminals, Indictment, 29 April 1946, Count 53, Appendix D.
International Military Tribunal for the Far East
In its judgment in the case of the Major War Criminals in 1948, the IMT Tokyo stated with respect to the use of labour by civilians from occupied territories:
Having decided upon a policy of employing prisoners of war and civilian internees on work directly contributing to the prosecution of the war, and having established a system to carry that policy into execution, the Japanese went further and supplemented this source of manpower by recruiting labourers from the native population of the occupied territories. This recruiting of labourers was accomplished by false promises, and by force … The labourers were transported to and confined in camps. Little or no distinction appears to have been made between these conscripted labourers on the one hand and prisoners of war and civilian internees on the other hand. They were all regarded as slave labourers to be used to the limit of their endurance. 
IMT Tokyo, Case of the Major War Criminals, Judgment, 12 November 1948, pp. 416–417.
International Criminal Court
In the Katanga case before the ICC in 2007, the ICC Pre-Trial Chamber I issued an arrest warrant for Germain Katanga, the alleged former commander of an armed group known as the Force de résistance patriotique en Ituri (FRPI), in the Democratic Republic of the Congo. He was charged with sexual slavery, both as a crime against humanity, punishable under Article 7(1)(g) of the 1998 ICC Statute, and as a war crime, punishable under Article 8(2)(b)(xxii) or (e)(vi) of the 1998 ICC Statute. 
ICC, Katanga case, Warrant of arrest, 2 July 2007, p. 6.
These crimes were alleged to have been committed in the context of a joint attack by the FRPI and members of another armed group, the Front des nationalistes et intégrationnistes (FNI), on the village of Bogoro, in the territory of Ituri, on or about 24 February 2003. This attack, described as indiscriminate, is alleged to have resulted in “(i) the murder of about 200 civilians; (ii) causing serious bodily harm to civilians; (iii) arresting, threatening with weapons and imprisoning civilians in a room filled with corpses; (iv) pillaging; and (v) the sexual enslavement of several women and girls.” 
ICC, Katanga case, Warrant of arrest, 2 July 2007, p. 4.
International Criminal Court
In the Ngudjolo Chui case before the ICC in 2007, the ICC Pre-Trial Chamber I issued an arrest warrant for Mathieu Ngudjolo Chui, a Congolese national and alleged former leader of an armed group known as the Front des nationalistes et intégrationnistes (FNI). At the time his arrest warrant was issued, he was a colonel in the National Army of the Government of the Democratic Republic of the Congo (FARDC). He was charged with sexual slavery, both as a crime against humanity, punishable under Article 7(1)(g) of the 1998 ICC Statute, and as a war crime, punishable under Article 8(2)(b)(xxii) or (e)(vi) of the 1998 ICC Statute. 
ICC, Ngudjolo Chui case, Warrant of arrest, 2 July 2007, p. 6.
These crimes were alleged to have been committed during a joint attack by the FNI and members of another armed group, the Force de résistance patriotique en Ituri (FRPI), on the village of Bogoro, in the territory of Ituri, on or about 24 February 2003. This attack, described as indiscriminate, is alleged to have resulted in “(i) the murder of about 200 civilians; (ii) causing serious bodily harm to civilians; (iii) arresting, threatening with weapons and imprisoning civilians in a room filled with corpses; (iv) pillaging; and (v) the sexual enslavement of several women and girls.” 
ICC, Ngudjolo Chui case, Warrant of arrest, 2 July 2007, p. 4.
International Criminal Court
In the Katanga and Chui case before the ICC, the accused, respectively the alleged commander of the Front for Patriotic Resistance of Ituri (FRPI) and the alleged former leader of the Nationalist and Integrationist Front (FNI) in the Democratic Republic of the Congo, were charged with jointly committing through other persons various crimes against humanity and war crimes under Articles 7 and 8 of the 1998 ICC Statute. In its decision on the confirmation of charges in 2008, the Pre-Trial Chamber set out the definition of the war crime of sexual slavery, stating:
343. For the war crime of sexual slavery under article 8(2)(b)(xxii)-2 of the [2000 ICC] Elements of Crimes, the perpetrator must: (i) exercise any or all of the powers attaching to the right of ownership over one or more persons, such as by purchasing, selling, lending, or bartering such a person or persons, or by imposing on them a similar deprivation of liberty; and (ii) cause such person or persons to engage in one or more acts of sexual nature. The instances cited under the first element above do not constitute an exhaustive list.
344. Footnote 53 to the Elements of Crimes also states that “[i]t is understood that such deprivation of liberty may, in some circumstances, include exacting forced labour or otherwise reducing a person to servile status as defined in the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 1956. It is also understood that the conduct described in this element includes trafficking of persons, in particular women and children.”
346. Article 30 of the Statute requires intent and knowledge for the subjective element of the war [crime] of … sexual slavery under article 8(2)(b)(xxii). This subjective element applies to … the exercise of any or all the powers attaching to the right of ownership over one or more persons, imposing on such person(s) her/his deprivation of liberty, and causing such person(s) to engage in one or more acts of sexual nature. The subjective elements … include, first and foremost, dolus directus of the first degree. They also may include dolus directus of the second degree. 
ICC, Katanga and Chui case, Decision on the confirmation of charges, 30 September 2008, §§ 343–344 and 346.
[footnotes in original omitted]
The Pre-Trial Chamber also considered the crime against humanity of sexual slavery, stating:
429. The crime against humanity of sexual slavery pursuant to article 7(l)(g) of the [1998 ICC] Statute and article 7(l)(g)-2 of the [2000 ICC] Elements of Crimes, occurs when:
1. The perpetrator exercised any or all of the powers attaching to the right of ownership over one or more persons, such as by purchasing, selling, lending or bartering such a person or persons, or by imposing on them a similar deprivation of liberty.
2. The perpetrator caused such person or persons to engage in one or more acts of a sexual nature.
430. The Chamber notes that although sexual slavery is included as a separate offence in article 7(1)(g) of the Statute, it may be regarded as a particular form of enslavement. Accordingly, footnotes 11 (Crime Against Humanity of Enslavement) and 18 (Crime Against Humanity of Sexual Slavery) of the Elements of Crimes, both indicate that “such deprivation of liberty may, in some circumstances, include exacting forced labour or otherwise reducing a person to a servile status as defined in the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 1956.” The Supplementary Convention lists institutions or practices which include debt bondage, serfdom, forced marriage practices and forms of child labour, which constitute particular forms of enslavement.
431. In the view of the Chamber, sexual slavery also encompasses situations where women and girls are forced into “marriage”, domestic servitude or other forced labour involving compulsory sexual activity, including rape, by their captors. Forms of sexual slavery can, for example, be “practices such as the detention of women in ‘rape camps’ or ‘comfort stations’, forced temporary ‘marriages’ to soldiers and other practices involving the treatment of women as chattel, and as such, violations of the peremptory norm prohibiting slavery.”
432. The second element of the crime against humanity of sexual slavery requires that “the perpetrator caused such person or persons to engage in one or more acts of a sexual nature.” Thus, a particular parameter of the crime of sexual enslavement – in addition to limitations on the victim’s autonomy, freedom of movement and power – is the ability to decide matters relating to his or her sexual activity.
433. Article 30 of the Statute governs the subjective element of the crime against humanity of sexual slavery requiring the perpetrator’s intent to impose a deprivation of liberty and cause the victim to engage in one or more acts of a sexual nature. Thus, this offence encompasses, first and foremost, cases of dolus directus of the first and second degree. 
ICC, Katanga and Chui case, Decision on the confirmation of charges, 30 September 2008, §§ 429–433.
[footnotes in original omitted]
In 2012, the ICC Trial Chamber II acquitted Mr Ngudjolo Chui of all the charges against him. 
ICC, Ngudjolo Chui case, Judgment, 18 December 2012, Disposition.
International Criminal Tribunal for the former Yugoslavia
In the Kunarac case before the ICTY in 1996, the accused was charged with slavery as a crime against humanity. The accused were charged with detaining nine women in a private apartment where the women were sexually assaulted on a regular basis and forced to work both inside and outside the home. 
ICTY, Kunarac case, Initial Indictment, 26 June 1996.
In its judgment in 2001, the ICTY Trial Chamber stated that “at the time relevant to the indictment, enslavement as a crime against humanity in customary international law consisted of the exercise of any or all of the powers attaching to the right of ownership over a person” and that “the actus reus of the violation is the exercise of any or all of the powers attaching to the right of ownership over a person. The mens rea of the violation consists in the intentional exercise of such powers.” 
ICTY, Kunarac case, Judgment, 22 February 2001, §§ 539–540.
The Tribunal found the accused guilty of crimes against humanity (enslavement). 
ICTY, Kunarac case, Judgment, 22 February 2001, §§ 883 and 886.
International Criminal Tribunal for the former Yugoslavia
In the Krnojelac case before the ICTY in 1997, the accused was charged with “slavery” as a violation of the laws and customs of war pursuant to Article 3 of the 1993 ICTY Statute, on the basis of both the 1926 Slavery Convention and customary international law, and with “enslavement” as a crime against humanity pursuant to Article 5 of the 1993 ICTY Statute. The case revealed that detainees were forced to work in mines, construction, farming, mine detection and trench-digging on the front line. “The detainees were not paid for their work. Work was not voluntary. Even ill or injured detainees were forced to work. Those who refused were sent to solitary confinement.” 
ICTY, Krnojelac case, Initial Indictment, 17 June 1997, §§ 5.36–5.41.
In its judgment in 2002, the Trial Chamber found the accused guilty of “enslavement as a crime against humanity” and of “slavery as a violation of the laws or customs of war”. 
ICTY, Krnojelac case, Judgment, 15 March 2002, § 525.
International Criminal Tribunal for the former Yugoslavia
In the Simić case before the ICTY in 2003, in which the accused was charged with persecutions on political, racial and religious grounds, the Trial Chamber (citing the ICTY Krnojelac Trial and Appeal Chamber judgments and the Naletelić trial judgment) found:
Trial Chambers of the Tribunal have held that the charge of “forced labour assignments” may constitute the basis of the crime of enslavement as a crime against humanity under Article 5 (c) [of the 1993 ICTY Statute], and the offence of slavery as a violation of the laws or customs of war under Article 3 of the Statute, and as such this offence is of sufficient gravity to support a charge of persecution. … The underlying acts of the charge of “forced labour assignments” infringe upon certain provisions of Geneva Conventions III and IV, and as such may constitute a violation of the laws or customs of war other than grave breaches of the Geneva Conventions, falling within the scope of Article 3 of the Statute. It is settled case-law of the Tribunal that the law of the Geneva Conventions is part of customary international law. … International humanitarian law generally prohibits forced or involuntary labour in international, as well as internal armed conflicts. 
ICTY, Simić case, Judgment, 17 October 2003, §§ 85–87
International Criminal Tribunal for the former Yugoslavia
In the Rašević case before the ICTY in 2006, the accused, Mitar Rašević, commander of the guards at Kazneno-Popravni Dom (“KP Dom”, a detention centre in Foča, Bosnia and Herzegovina) until at least October 1994, and Savo Todović, deputy commander of the KP Dom until at least August 1994, were charged with enslavement as a crime against humanity, punishable under Article 5(c) of the 1993 ICTY Statute, and with slavery as a violation of the laws or customs of war, as recognized under the 1926 Slavery Convention and international customary law and punishable under Article 3 of the 1993 ICTY Statute. 
ICTY, Rašević case, Second Joint Amended Indictment, 24 March 2006, §§ 51–57, Counts 11, 12.
It was alleged that:
51. From May 1992 until October 1994, [the accused], acting individually or in concert with other known and unknown members of the joint criminal enterprise … planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of enslavement of Muslim and other non-Serb male detainees at the KP Dom facility. [The accused Todović] played a central role in the work done by the detainees. He was responsible for assigning work duties to the detainees and supervised these assignments on a daily basis …
52. From May 1992 until October 1994, detainees with special skills were subjected to forced labour within and outside of the prison. To facilitate forced labour outside the KP Dom, [the accused Todović] co-operated with external military and civilian authorities, including the hand-over of detainees to military personnel. High-level prison staff at the KP Dom, including [the accused Rašević] and, in particular, [the accused Todović], assigned detainees to perform particular work …
53. The guards called out selected detainees from their cells and either took them to their place of work or handed them over to authorities outside the prison hierarch to perform various work. The detainees were usually forced to work on a daily basis from 7 a.m. to at least 3 or 4 p.m. They were not paid for their work nor was it voluntary. Even ill or injured detainees were forced by [the accused Todović] personally to work. During their work, the detainees were under armed supervision either by the regular prison guards or by Serb soldiers.
54. Within the prison, the detainees had to work in the furniture factory and the metal and mechanical workshop. In the workshop, the detainees had to repair army vehicles. The labour performed by the detainees was challenging and physically exhausting.
55. Outside the prison, the detainees were forced to perform farming jobs at the prison outpost Brioni, to work in mills and the Miljevina mine, and to clean up rubble of damaged buildings at various places in Foča. [The accused Rašević] was present while detainees were performing forced labour at the farm. During the winter of 1992 to 1993, detainees were forced to repair the private house of Milorad Krnojelac, the warden of the KP Dom, to install a bar in the house of one of his sons, and to furnish a store for one of his sons.
56. On 18 September 1992, detainees FWS-109 and G.K. were called out by a KP Dom guard for a supposed prisoner exchange. Instead, [the accused Todović] handed the two detainees over to military authorities from outside the prison who took them to the Kalinovik police station to be used as drivers for the detection of land mines. Between September 1992 and March 1993, on at least 5 occasions, they had to drive ahead of Serb convoys to detect land mines. The detainees worked under severe pressure with the danger that every day at work would be their last. 
ICTY, Rašević case, Second Joint Amended Indictment, 24 March 2006, §§ 51–56.
The Rašević case did not go to trial before the ICTY. Following the Prosecution’s request for a referral of the case, the accused were transferred to the authorities of Bosnia and Herzegovina in October 2006.
Special Court for Sierra Leone
In the Brima case before the SCSL in 2005, the three accused, all former non-commissioned officers in the Sierra Leone Army who became senior members of the Armed Forces Revolutionary Council (AFRC) that seized power from the elected government of the Republic of Sierra Leone in May 1997, were charged with “[e]nslavement, a CRIME AGAINST HUMANITY, punishable under Article 2.c. of the [2002 Statute of the Special Court for Sierra Leone]”. 
SCSL, Brima case, Further Amended Consolidated Indictment, 18 February 2005, § 73, Count 13.
(emphasis in original)
It was alleged that the “AFRC/RUF [Revolutionary United Front] engaged in widespread and large scale abductions of civilians and use of civilians as forced labour. Forced labour included domestic labour and use as diamond miners”. 
SCSL, Brima case, Further Amended Consolidated Indictment, 18 February 2005, § 66.
In its judgment, the Trial Chamber considered the crime of “enslavement”:
739. Count 13 alleges the crime of enslavement by abductions and forced labour, not sexual slavery. Although sexual slavery can lead to a conviction for enslavement, the Trial Chamber has considered the crime of sexual slavery under Count 9 (Outrages upon Personal Dignity).
740. The Accused are charged under Count 13 with enslavement, a crime against humanity, punishable under Article 2(c) of the [2002 Statute of the Special Court for Sierra Leone], in that “[at] all times relevant to this Indictment, AFRC/RUF engaged in widespread and large scale abductions of civilians and use of civilians as forced labour. Forced labour included domestic labour and use as diamond miners.”
741. The Indictment alleges that the abductions and forced labour included the districts of Kenema, Kono, Koinadugu, Bombali, Kailahun, Freetown and the Western Area and Port Loko. It is alleged that the Accused, by their acts or omissions in relation to these events, pursuant to Article. 6(1) and, or alternatively, Article 6(3) of the [2002 Statute of the Special Court for Sierra Leone], are individually criminally responsible for the said crimes.
742. The crime of “enslavement” has long been criminalised under customary international law. The Slavery Convention of 1926 defined slavery as “the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.” Being an indication of “enslavement”, forced labour has been defined as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.”
743. “Enslavement” was listed both as a war crime and a crime against humanity in the Nuremberg Charter, with convictions entered on this count in a number of cases. The International Law Commission consistently included “enslavement” as a crime against humanity in its Draft Codes of Crimes Against the Peace and Security of Mankind. The ICTY Trial Chamber in the Krnojelac case held that
the express prohibition of slavery in Additional Protocol II of 1977, which relates to internal armed conflicts, confirms the conclusion that slavery is prohibited by customary international humanitarian law outside the context of a crime against humanity. The Trial Chamber considers that the prohibition against slavery in situations of armed conflict is an inalienable, non-derogable (sic) and fundamental right, one of the core rules of general customary and conventional international law. Krnojelac Trial Judgement, § 353].
(b) Elements of the crime
744. In Kunarac, the ICTY Trial Chamber held that “enslavement as a crime against humanity in customary international law consisted of the exercise of any or all of the powers attaching to the right of ownership over a person” (actus reus), while the mens rea of the violation consists in the intentional exercise of such powers”. [Kunarac Trial Judgement, § 540]
745. The Kunarac Trial Chamber held that
“[u]nder this definition, indications of enslavement include elements of control and ownership; the restriction or control of an individual’s autonomy, freedom of choice or freedom of movement; and, often, the accruing of some gain to the perpetrator. The consent or free will of the victim is absent. It is often rendered impossible or irrelevant by, for example, the threat or use of force or other forms of coercion; the fear of violence, deception or false promises; the abuse of power; the victim’s position of vulnerability; detention or captivity, psychological oppression or socio-economic conditions. Further indications of enslavement include exploitation; the exaction of forced or compulsory labour or service, often without remuneration and often, though not necessarily, involving physical hardship; sex; prostitution; and human trafficking.” [Kunarac Judgement, § 542].
746. The ICTY Appeals Chamber further clarified this definition by finding that “lack of consent” is not an element of the crime of enslavement, although it may be a significant issue in terms of evidence of the status of the alleged victim. [Kunarac Appeal Judgement, §. 120].
747. The definition set forth in Kunarac was later reiterated in Krnojelac, in which it was stated that enslavement as a crime against humanity was the “exercise of any or all of the powers attaching to the right of ownership over a person. The actus reus of enslavement is the exercise of those powers, and the mens rea is the intentional exercise of such powers.”
748. In Krnojelac, the allegations concerned enslavement for the purpose of forced labour. It was held by the Chamber that to establish forced labour constituting enslavement, the Prosecutor must demonstrate that “the Accused (or persons for whose actions he is criminally responsible) forced the detainees to work, that he (or they) exercised any or all of the powers attaching to the right of ownership over them, and that he (or they) exercised those powers intentionally.”
749. In addition to the chapeau requirements of Crimes against Humanity pursuant to Article 2 of the [2002 Statute of the Special Court for Sierra Leone], the Trial Chamber therefore adopts the following elements of the crime of enslavement:
1. The perpetrator exercised any or all of the powers attaching to the right of ownership over one or more persons, such as by purchasing, selling, lending or bartering such a person or persons, or by imposing on them a similar deprivation of liberty;
2. the intentional exercise of such powers. 
SCSL, Brima case, Judgment, 20 June 2007, §§ 739–749.
Subsequently, each of the three accused was found guilty, inter alia, of the charge of enslavement. 
SCSL, Brima case, Judgment, 20 June 2007, XIII. Disposition, §§ 2113–2123.
Brima and Kanu were each sentenced to 50 years’ imprisonment; Kamara was sentenced to 45 years’ imprisonment. 
SCSL, Brima case, Sentencing Judgment, 19 July 2007, VI. Disposition.
Special Court for Sierra Leone
In the Sesay case before the SCSL, the accused Sesay and Kallon, senior commanders in the Revolutionary United Front (RUF), Junta and Armed Forces Revolutionary Council (AFRC)/RUF forces, and the accused Gbao, senior commander in the RUF and AFRC/RUF forces, were each charged with eight counts of crimes against humanity, eight counts of war crimes, and two counts of other serious violations of international humanitarian law. In its judgment in the case in 2009, the Trial Chamber set out the definition of the crime of enslavement, stating:
196. This Chamber agrees with the ICTY Trial Chamber in Krnojelac that the “prohibition against slavery in situations of armed conflict is an inalienable, non-derogable and fundamental right, one of the core rules of general customary and conventional international law.” [ICTY, Krnojelac case, Judgement, § 353] The Chamber considers that the offence of enslavement exists at customary international law and entails individual criminal responsibility.
197. In the Chamber’s Rule 98 Decision in this case, the Chamber held that the elements of the crime of enslavement are as follows:
(i) The Accused exercised any or all of the powers attaching to the right of ownership over a person, such as by purchasing, selling, lending or bartering such person or persons, or by imposing on them a similar deprivation of liberty; and
(ii) The Accused intended to exercise the act of enslavement or acted in the reasonable knowledge that this was likely to occur. [SCSL, Sesay case, Oral Rule 98 Decision, Transcript of 25 October 2006, page 31]
198. The actus reus of the offence is that the Accused exercised any or all of the powers attaching to the right of ownership over a person or persons while the mens rea is the intention to exercise such powers.
199. In determining whether or not enslavement has occurred, the Chamber is mindful of the following indicia of enslavement that have been identified by the ICTY in the Kunarac et al. case: “control of someone’s movement, control of physical environment, psychological control, measures taken to prevent or deter escape, force, threat of force or coercion, duration, assertion of exclusivity, subjection to cruel treatment and abuse, control of sexuality and forced labour.” [ICTY, Kunarac case, Judgement, § 543]
200. The Chamber observes that the lack of consent of the victim is not an element to be proved by the Prosecution; although whether or not there was consent may be relevant from an evidentiary perspective. The Chamber considers that “circumstances which render it impossible to express consent may be sufficient to presume the absence of consent.” [ICTY, Kunarac case, Judgement on Appeal, § 120] Similarly, there is no requisite duration of the relationship between the Accused and the victim that must exist in order to establish enslavement. The duration may, however, be relevant in determining the quality of the relationship.
201. We hold that the mens rea of the crime of enslavement consists of the intention to exercise the act of enslavement or to act in the reasonable knowledge that this was likely to occur. As the absence of consent is not an element of the offence, the knowledge on the part of the Accused of this absence of consent is not an element of the offence either.
202. … [T]he Chamber notes that not all labour by civilians during an armed conflict is prohibited – the prohibition is only against forced or involuntary labour. “What must be established is that the relevant persons had no real choice as to whether they would work.” [ICTY, Krnojelac case, Judgement, § 359] Whether the labour was forced and constituted enslavement is a factual determination that must be made in light of the indicia of enslavement outlined above. However, the subjective belief of labourers that they were forced to work is not sufficient to establish lack of consent, but must be supported by objective evidence.
203. The Chamber, like the ICTY Appeals Chamber before it, considers it relevant to quote from the Pohl case on the nature of enslavement:
Slavery may exist even without torture. Slaves may be well fed, well clothed, and comfortably housed, but they are still slaves if without lawful process they are deprived of their freedom by forceful restraint. We might eliminate all proof of ill treatment, overlook the starvation, beatings, and other barbarous acts, but the admitted fact of slavery – compulsory uncompensated labour – would still remain. There is no such thing as benevolent slavery. Involuntary servitude, even if tempered by humane treatment, is still slavery. 
SCSL, Sesay case, Judgment, 2 March 2009, §§ 196–203.
[footnotes in original omitted]
In its judgment in 2009, the Appeals Chamber considered whether remuneration for work had any relevance to a finding of enslavement, stating:
[T]he Appeals Chamber observes that lack of remuneration is not an element of the crime against humanity of enslavement under Article 2.c of the [2002] Statute [of the Special Court for Sierra Leone]. Rather, absence of remuneration for labour allegedly underlying the offence may constitute a relevant evidentiary factor in determining whether the labour was forced, which in turn may be an indicia of whether enslavement has been committed. In this regard, the Appeals Chamber endorses the Trial Chamber’s reference to the Kunarac et al. Appeal Judgment, which quoted the following passage from the Pohl case:
Slavery may exist even without torture. Slaves may be well fed, well clothed, and comfortably housed, but they are still slaves if without lawful process they are deprived of their freedom by forceful restraint. We might eliminate all proof of ill-treatment, overlook the starvation, beatings, and other barbarous acts, but the admitted fact of slavery – compulsory uncompensated labour – would still remain. There is no such thing as benevolent slavery. Involuntary servitude, even if tempered by humane treatment, is still slavery [ICTY, Kunarac case, Judgement on Appeal, § 123]. 
SCSL, Sesay case, Judgment on Appeal, 26 October 2009, § 1082.
[footnotes in original omitted]
Extraordinary Chambers in the Courts of Cambodia
In the Kaing case before the ECCC, the accused was charged, both individually and as a superior, with, inter alia, various crimes against humanity and grave breaches of the 1949 Geneva Conventions. In its judgment in 2010, the Trial Chamber considered the prohibition on slavery, stating:
342. The prohibition against slavery is unambiguously part of customary international law. Enslavement is characterised by the exercise of any or all powers attaching to the right of ownership over a person. Indicia of enslavement include “control of someone’s movement, control of physical environment, psychological control, measures taken to prevent or deter escape, force, threat of force or coercion, duration, assertion of exclusivity, subjection to cruel treatment and abuse, control of sexuality and forced labour.” [ICTY, Kunarac case, Judgement on Appeal, § 119]
343. Proof that the victim did not consent to being enslaved is not required, as enslavement is characterised by the perpetrator’s exercise of power. The question of whether the victim has consented may however be relevant to determining if the perpetrator exercised these powers over the victim. The absence of consent may be presumed in situations where the expression of consent is impossible.
344. Forced or involuntary labour may also constitute enslavement. The ICTY Trial Chamber has noted that “[w]hat must be established is that the relevant persons had no real choice as to whether they would work.” [ICTY, Krnojelac case, Judgement, § 359] A Chamber shall decide if the labour is forced or involuntary on the basis of the recognised factors outlined above. The elements of the crime of enslavement may be satisfied without evidence of additional ill-treatment.
345. It must be shown that the perpetrator intentionally exercised any or all of the powers attaching to the right of ownership. 
ECCC, Kaing case, Judgment, 26 July 2010, §§ 342–345.
[footnotes in original omitted]
Human Rights Committee
In its concluding observations on the third periodic report of the Sudan in 2007, the Human Rights Committee stated:
While noting efforts by the State party to eradicate the practice of abducting women and children and secure the return of abductees, in the light of reports from non-governmental sources and the State party of large numbers of abductions the Committee remains concerned at the small numbers of people who are traced. The Committee also takes note of the explanations put forward regarding the role and responsibility of tribes in the matter. (arts. 8 and 24 of the [1966 International Covenant on Civil and Political Rights])
The State party should put a stop to all forms of slavery and abduction in its territory and prosecute those engaging in such practices. It should make available to the Committee for the Elimination of Abduction of Women and Children the human and financial resources it needs to fulfill its mandate. The State party should also provide abductees with assistance in settling back into their families and communities. It enjoins the State party to hold the tribes more accountable, and to take forceful action against tribes that continue to engage in abduction. 
Human Rights Committee, Concluding observations on the third periodic report of the Sudan, UN Doc. CCPR/C/SDN/CO/3, 29 August 2007, § 18.
[emphasis in original]
Committee on the Rights of the Child
In 1993, in its concluding observations on the report of Sudan, the Committee on the Rights of the Child expressed “its concern regarding the issues of forced labour and slavery”. 
Committee on the Rights of the Child, Concluding observations on the report of Sudan, UN Doc. CRC/C/15/Add.6, 18 February 1993, § 12.
European Commission of Human Rights
In its admissibility decision in Van Droogenbroeck v. Belgium in 1979, the European Commission of Human Rights (guided by Article 1 of the 1956 Supplementary Convention on the Abolition of Slavery) observed that the distinction between servitude and forced labour was not explicitly stated in the 1950 European Convention on Human Rights and that “it may be considered, however, that in addition to the obligation to perform certain services for others, the notion of servitude embraces the obligation for the ‘serf’ to live on another person’s property and the impossibility of altering his condition”. 
European Commission of Human Rights, Van Droogenbroeck v. Belgium, Admissibility Decision, 5 July 1979, p 59.
No data.
Bangkok NGO Declaration on Human Rights
The Bangkok NGO Declaration on Human Rights, adopted in 1993, stated:
Crimes against women, including sexual slavery and trafficking are rampant. Crimes against women are crimes against humanity, and the failure of governments to prosecute those responsible implies complicity … In crisis situations – ethnic violence, communal riots, armed conflicts, military conflicts, military occupation and displacement of population – women’s rights are specifically violated. 
World Conference on Human Rights, Regional Preparatory Meeting for the Asia-Pacific, Bangkok, 24–28 March 1993, Bangkok NGO Declaration on Human Rights, UN Doc. A/CONF.157/PC/83, 19 April 1993, § 6.
American Law Institute
The Restatement (Third) of the Foreign Relations Law of the United States, adopted and promulgated by the American Law Institute in 1986, provides: “A state violates international law if, as a matter of state policy, it practices, encourages, or condones … (b) slavery or slave trade”. 
The American Law Institute, Restatement Third. Restatement of the Foreign Relations Law of the United States, American Law Institute Publishers, St. Paul, 1987, § 702(b).
International Commission of Jurists
In 1994, the International Commission of Jurists argued that the 1921 International Convention for the Suppression of the Traffic in Women and Children was evidence of customary law in existence at the time of its adoption. 
Ustinia Dolgopol and Snehal Paranjape, Comfort Women: an Unfinished Ordeal, International Commission of Jurists, Geneva, 1994.
Women’s International War Crimes Tribunal on Japan’s Military Sexual Slavery
In December 2000, a Japanese NGO simulated a “Women’s International War Crimes Tribunal on Japan’s Military Sexual Slavery” which had jurisdiction over crimes committed against women, including sexual slavery and enslavement. 
VAWW-NET Japan, Women’s International War Crimes Tribunal on Japan’s Military Sexual Slavery, 7–12 December 2000.