On the occasion of the International Day for the Abolition of Slavery, the International Criminal Court (ICC) has unveiled a comprehensive policy on Slavery Crimes. According to ICC Prosecutor Karim Khan, this policy marks a significant advancement, being the first of its kind issued by an international court or tribunal.
The new guidelines extend the definition of slavery beyond conventional perceptions, incorporating elements such as family separations, reproductive control, sexual harms, malnutrition, and enforced branding or corporal punishment for escape attempts. These indicators, according to the policy, are considered viable markers of enslavement, shifting the narrative away from the necessity of abusive or enforced labor practices. It emphasizes that enslavement does not require forced activities, asserting that individuals can still be considered enslaved even if they are well-fed and housed.
Underpinning these guidelines is the principle of slavery as a jus cogens peremptory norm in international law, with perpetrators categorized as hostis humani generis. The ICC’s initiative aligns with global regulations, notably Article 4 of the Universal Declaration of Human Rights and the Supplementary Convention on the Abolition of Slavery.
The ICC’s decision to publish these guidelines comes in the wake of its strategic focus on slavery crimes, as evidenced by the establishment of the role of Special Adviser for Slavery Crimes, a position currently held by Professor Patricia V. Sellers. Khan highlighted this effort by referencing the successful outcome in the Ongwen case and underlined the importance of developing partnerships with both national and international stakeholders to bolster accountability measures.
The policy also lowers the threshold for proving acts of enslavement and dismisses the argument that consent could be used as a defense. Furthermore, it diminishes the necessity for transactions of buying or selling to demonstrate economic intent. By doing so, the ICC aims to blur existing distinctions between traditional and non-traditional forms of enslavement, thereby extending its legal reach to include servile labor, forced labor, human trafficking, child soldiers, and child marriages.
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