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The prosecution of human traffickers? A comparative analysis of enslavement judgments among international courts and tribunals

Siller, Nicole 2015, The prosecution of human traffickers? A comparative analysis of enslavement judgments among international courts and tribunals, European journal of comparative law and governance, vol. 2, no. 3, pp. 236-261, doi: 10.1163/22134514-00203005.

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Title The prosecution of human traffickers? A comparative analysis of enslavement judgments among international courts and tribunals
Author(s) Siller, NicoleORCID iD for Siller, Nicole orcid.org/0000-0003-1599-3079
Journal name European journal of comparative law and governance
Volume number 2
Issue number 3
Start page 236
End page 261
Total pages 27
Publisher Brill
Place of publication Leiden, The Netherlands
Publication date 2015
ISSN 2213-4506
2213-4514
Keyword(s) enslavement
human trafficking
international criminal law
trafficking in persons
definition
ICC
ICTY
SCSL
prosecution
Summary Despite its international construction and codification, the criminal offence of ‘trafficking in persons’ is absent from the statutes of international judicial institutions. Does this result in the inability to hold those who engage in the traffic of human beings accountable under international criminal law? While certain offenders are charged with the international crime against humanity of enslavement, it appears as though the establishment of their guilt often materialised (at least in part), on the converging characteristics of ‘trafficking in persons’ as codified in the Palermo Protocol and enslavement. Can this course of action survive, or should our present international judicial forums recognise ‘trafficking in persons’ as a separately codified offence and crime against humanity?
Language eng
DOI 10.1163/22134514-00203005
Field of Research 1801 Law
Socio Economic Objective 0 Not Applicable
HERDC Research category C1.1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2015, Koninklijke Brill
Persistent URL http://hdl.handle.net/10536/DRO/DU:30091803

Document type: Journal Article
Collection: Law
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