Trafficking in Human Beings: A Modern Form of Slavery or a Transnational Crime?
Abstract
This article aims to critically assess the two elements of the position just expounded. In the first part, we will try todemonstrate that ‘enslavement’ and trafficking in human beings are distinct legal categories. Although we submit that theconcept of enslavement has expanded, especially through the case law of the International Criminal Tribunal for the formerYugoslavia, and that trafficking in human beings partially overlaps with enslavement, both crimes should in my view not beconflated. Moreover, we will argue that trafficking in human beings in the vast majority of cases does not qualify as a crimeagainst humanity. To that purpose, wewill analyse the relevant law, dealing successively with primary sources ofinternational conventions (section 2.1), case-law of the International criminal Tribunal for the Former Yugoslavia (ICTY)(section 2.2) and judgments of the European Court of Human Rights (section 2.3).
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