Slavery in International Law

Copyright

Dedication

Contents

Preface

Acknowledgments

Introduction

1. Of Slavery and the Law of Nations

From Ancient to Modern

International Law during the Age of Discovery

Conclusion

2. The Slave Trade

Towards Abolition of the Slave Trade

Abolition of the Slave Trade in the Nineteenth Century

Abolition of the Slave Trade in the Twentieth Century

The 1926 Slavery Convention

The United Nations International Law Commission

The 1956 Supplementary Convention

The 1958 Convention on the High Seas and the 1982 Law of the Sea Convention

Conclusion

3. Slavery

The Legislative History of the Definition of Slavery

The Content of the Definition of Slavery

‘The Powers Attaching to the Right of Ownership’

Conclusion

4. Servitude or Institutions or Practices Similar to Slavery

Providing Clarity to Servitude

‘Servitudes’

The Conventional Servitudes

Debt Bondage

Serfdom

Servile Marriage

Bride Purchase

Wife Transfer

Widow Inheritance

Child Trafficking

Conclusion

5. Forced or Compulsory Labour

Contextualising Forced Labour

The Evolution of Forced or Compulsory Labour in Law

1926 Slavery Convention

1930 Forced Labour Convention

Article 2(1) – Forced or Compulsory Labour

Article 2(2) – The Exceptions to Forced or Compulsory Labour

Article 2(2)(a) – Military Service

Article 2(2)(b) and (e) – Civic Obligations

Article 2(2)(c) – Penal Labour

Article 2(2)(d) – Emergencies

1957 Abolition of Forced Labour Convention

Article 1(a) – Means of Political Coercion

Article 1(b) – Method of Economic Development

Article 1(c) – Means of Labour Discipline

Article 1(d) – Punishment for Strikes

Article 1(e) – Means of Discrimination

Forced or Compulsory Labour As a Jus Cogens Norm?

Conclusion

6. Enslavement

The Evolution of Enslavement in International Criminal Law

The International Law Commission

International Criminal Tribunal for the Former Yugoslavia

Enslavement and the Statute of the International Criminal Court

Similar Deprivations of Liberty

Trafficking in Persons

Special Court for Sierra Leone

Conclusion

7. Forced Marriage: Slavery Qua Enslavement and the Civil War in Sierra Leone

Sierra Leone

The Brima Case and Slavery As Forced Marriage

Forced Marriage As Slavery

Servile Marriage in War and Peace

Conclusion

8. Of the Removal of Organs, Prostitution and the Regime of Trafficking

Trafficking in Persons for the Removal of Organs

The Evolution of the Regime of Trafficking

‘Exploitation of the Prostitution of Others or Other Forms of Sexual Exploitation’

The Overall Definition of Trafficking in Persons

The Legal Regime of Trafficking

Conclusion

Appendices

Appendix 1. 2012 Bellagio-Harvard Guidelines on the Legal Parameters of Slavery

Appendix 2. The 1926 Slavery Convention

Appendix 3. The 1930 Forced Labour Convention

Appendix 4. The 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery

Appendix 5. The 1957 Abolition of Forced Labour Convention

Appendix 6. 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. Supplementing The United Nations Convention against Transnational Organized Crime

Index