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‘Modern slavery’: does international law distinguish between slavery, enslavement and trafficking?

journal contribution
posted on 2016-05-01, 00:00 authored by Nicole SillerNicole Siller
Although distinct legal definitions exist, rhetoric concerning slavery and enslavement is consistently intertwined with human trafficking. These concepts, along with many other exploitative practices are often collectively labelled: ‘modern slavery’ or some variation thereof. This term enjoys no utility under international law but is nevertheless heavily used in discourse. Beginning with a legal analysis regarding what constitutes slavery, enslavement and trafficking, respectively, this article endeavours to clarify these crimes as codified under international law. Thereafter, a textual analysis of relevant enslavement judgments follows in an attempt to identify the manifestation of any entangled legal discourse between these concepts. It ultimately leads to question whether these crimes are in fact distinguishable considering international jurisprudence on the matter; or, whether enslavement as a crime against humanity has already incorporated the law of trafficking within its construct.

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  1. 1.

Location

Oxford, Eng.

Language

eng

Publication classification

C Journal article, C1 Refereed article in a scholarly journal

Copyright notice

2016, The Author

Journal

Journal of international criminal justice

Volume

14

Pagination

405-427

ISSN

1478-1387

eISSN

1478-1395

Issue

2

Publisher

Oxford University Press