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

Siller, Nicole 2016, ‘Modern slavery’: does international law distinguish between slavery, enslavement and trafficking?, Journal of international criminal justice, vol. 14, no. 2, pp. 405-427, doi: 10.1093/jicj/mqv075.

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Title ‘Modern slavery’: does international law distinguish between slavery, enslavement and trafficking?
Author(s) Siller, NicoleORCID iD for Siller, Nicole orcid.org/0000-0003-1599-3079
Journal name Journal of international criminal justice
Volume number 14
Issue number 2
Start page 405
End page 427
Total pages 23
Publisher Oxford University Press
Place of publication Oxford, Eng.
Publication date 2016-05
ISSN 1478-1387
Summary 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.
Language eng
DOI 10.1093/jicj/mqv075
Field of Research 180116 International Law (excl International Trade Law)
180110 Criminal Law and Procedure
180120 Legal Institutions (incl Courts and Justice Systems)
1801 Law
Socio Economic Objective 940403 Criminal Justice
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2016, The Author
Persistent URL http://hdl.handle.net/10536/DRO/DU:30091366

Document type: Journal Article
Collections: Faculty of Business and Law
2018 ERA Submission
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