Global justice effort targets slavery crimes with new International Criminal Court policy
A major step in international justice has been taken with the release of the International Criminal Court (ICC) Office of the Prosecutor’s new Policy on Slavery Crimes.
The Policy on Slavery Crimes released by the Office of the Prosecutor at the ICC is a landmark document providing clear guidance on prosecuting modern slavery crimes under the Rome Statute.
This helps to set a precedent for accountability. The policy is the first of its kind issued by an international court or tribunal, marking a crucial step in the global fight against modern slavery.
How does the Rome Statute strengthen justice for slavery crimes?
The Rome Statute establishes the legal framework for prosecuting international crimes, including genocide, war crimes, and crimes against humanity.
Enslavement and sexual slavery are crimes against humanity, and sexual slavery is also prohibited as a war crime.
This mandates that every State which is a party to the Rome Statute must exercise criminal jurisdiction over those responsible for such crimes.
125 countries are currently signatories to the Rome Statute.
The ICC can only intervene when a State is unable or unwilling to investigate and prosecute these offences.
Is modern slavery covered by the new ICC policy?
While modern slavery is not a legal term, many of the distinct crimes that fall within the umbrella concept have been discussed in the Policy on Slavery Crimes.
The ICC will prosecute contemporary slavery crimes within its jurisdiction. It recognised that extreme exploitation today is shaped by historical practices.
This exploitation remains prohibited by the same international legal framework that first outlawed slavery.
Global collaboration behind the new ICC policy on slavery crimes
The Office of the Prosecutor conducted an extensive consultation process, engaging over 150 external experts from more than 50 countries.
This included survivors, civil society groups, legal scholars, national authorities, international organisations, and other justice sector professionals.
Walk Free contributed to the consultation process alongside other civil society actors, ensuring issues impacting children and migrant workers were considered.
While the policy represents progress, questions remain about how international crimes such as human trafficking are covered and how the non-punishment of victims’ principle will be applied in practice.
Legal reforms to strengthen global action against slavery crimes
Efforts to strengthen international legal frameworks continue beyond this policy.
Discussions are underway at the Assembly of States Parties to amend the Rome Statute to explicitly include the slave trade as a crime against humanity and a war crime.
These amendments would help close a gap in international justice frameworks, reinforcing global efforts to strengthen laws for slavery-related offences.
Is modern slavery still happening today?
Modern slavery continues to impact millions worldwide, making legal advancements like this policy essential in holding perpetrators accountable and delivering justice for survivors.
“While slavery crimes have a long history, they, unfortunately, are not a thing of the past,” Prosecutor Karim A.A. Khan KC explained.
“Slavery or enslavement is committed whenever there is an exercise of powers attaching to the rights of ownership over one or more persons.”
Read more in the Policy on Slavery Crimes published by the International Criminal Court.
