Could the International Criminal Court Strategically Prosecute Modern Day Slavery?

Abstract

The international legal struggle against slavery holds a prominent place in the fight to protect human rights, and it has occupied a significant place in prosecutions before international tribunals since Nuremberg. Slavery is also proscribed in the Rome Statute of the International Criminal Court (ICC) in several forms, including the crime against humanity of ‘enslavement’ and several sexual offences. But despite its importance, international tribunals since Nuremberg have only prosecuted slavery where that crime was one among many committed in the course of a particular conflict, and not for the purpose of eradicating the crime as such. This article examines whether the ICC could do just that — whether it could strategically initiate investigations and prosecutions designed to fight modern slavery. It addresses some of the legal issues that may complicate ICC involvement, with a focus on satisfying the chapeau elements of crimes against humanity. It also examines practical concerns for ICC slavery crimes investigations and prosecutions, including investigative capacity and resources, witness protection, and transborder investigation issues. It concludes by considering the purpose of ICC involvement in the fight against modern slavery.