Trafficking in human beings: human rights and ... - unesdoc - Unesco

The gravity of traffi cking is perhaps best exemplifi ed by its inclusion as both a war crime
and a crime against humanity in the ICC. Clearly not all traffi cking occurs during armed
confl ict, and that which does not cannot be a war crime. Nevertheless the increased
vulnerability to such practices which may arise during armed confl ict is recognized by the
Statute, and a number of offences linked to traffi cking are stated to be war crimes such
as deportation of the population (Art. 8(2)(b)(viii)), outrages upon person dignity (Art.
8(2)(b)(xxi)), rape, sexual slavery and enforced prostitution (Art. 8(2)(b)(xxii); 8(2)(c)
(vi)). 160
The characteristic element of the ICC defi nition of crimes against humanity is the
“widespread and systematic attack against a civilian population”. The Statute indicates
that it means a course of conduct involving the multiple commissions of serious violations
of fundamental human rights, pursuant to or in furtherance of a State or organizational
policy to commit such attack. The last is of signifi cant weight since it refers not only to
State policies but also to the policies of organizations. 161 Criminal organizations either in
association with or independently of national policies, and particularly those of a certain
size which are active in international organized crime may fall within the scope of Article
7 – when their activity may be characterized as widespread or systematic. 162 Widespread
means a large-scale nature and the number of victims 163 and systematic requires the
organised nature of the acts of violence. 164
Situations which constitute traffi cking can quite easily be considered under Article 7 and
all these kinds of traffi cking reduce the human being to forms of property over which
an unlimited power is exercised by another human being. 165 The defi nition in Article 7
builds on all previous ones that have been codifi ed on slavery over the past 50 years. It
is certainly the most detailed and includes new references to gender and acts that have
never been mentioned before such as forced pregnancy, rape or sexual slavery which were
considered simply implicit in earlier treaties. 166
custody or under the control of the accused; except that torture shall not include pain or suffering
arising only from, inherent in or incidental to, lawful sanctions.
160 Piotrowicz, R.: Traffi cking of Human Beings and their Human Rights in the Migration Context, p. 288.
161 Pocar, F.: Human Traffi cking: A Crime against Humanity, in Savona, E.U.; Stefanizzi, S.: Measuring
Human Traffi cking, complexities and pitfalls. p. 6.
162 Ibid. p. 7.
163 Prosecutor v. Tadic, IT-94-1-T, Trial Judgement, 7 May 1997, para 648; Prosecutor v. Blaskic, IT-95-
14-T, Trial Judgement, 3 March 2000, para. 206; Prosecutor v. Akayesu, ICTR-96-4-t Trial Judgement,
2 September 1998, para. 580.
164 Tadic Trial Judgment, para. 648, Blaskic Trial Judgement, para 203, Akayesu Trial Judgement,
para. 580.
165 Pocar, F. Human Traffi cking: A Crime against Humanity, in Savona, E.U.; Stefanizzi, S.: Measuring
Human Traffi cking, complexities and pitfalls p. 8 and see Obokata, Q.: Traffi cking in Human Beings as
a Crime against Humanity: Some Implications of the International Legal System, in International and
Comparative Law Quarterly, 2005.
166 Scarpa, S.: Traffi cking in Human Beings – modern slavery. p. 125.
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