The role of international law in holding governments accountable for modern slavery

International law plays a crucial role in holding governments accountable for modern slavery.

However, enforcement can be prevented by jurisdictional limitations, often linked to state sovereignty.

Despite these obstacles, international law is significant in defining global norms and pressuring nations to uphold human rights.

Modern slavery remains a significant global issue, with millions living in exploitative conditions according to the latest Global Slavery Index.

10 million more people were living in situations of modern slavery from 2017 to 2021.

This is according to the 2022 Global Estimates of Modern Slavery, produced by Walk Free together with the International Labour Organization and the International Organization for Migration.

The systems that led to some of the most horrific abuses in history, such as the transatlantic slave trade, continue to fuel exploitation today.

Modern slavery is an umbrella concept that includes a range of extremely abusive crimes such as forced labour, debt bondage, forced marriage, and human trafficking, among others.

Although not a legal term itself, modern slavery focuses on common features of these practices, where people cannot safely or freely refuse or leave these situations.

It draws links to historical practices of slavery, slavery-like practices, and the slave trade that were outlawed by some of the first instruments of international law.

Some relevant conventions combating slavery crimes include:

• the 1926 Slavery Convention, the 1956 Supplementary Convention,
• the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,
• and, in certain circumstances, the 1998 Rome Statute of the International Criminal Court (ICC).

These aim to prevent slavery crimes, protect victims, and hold perpetrators accountable. Despite strong commitments, enforcing these laws remains difficult.

One of the main obstacles to enforcing international law is the concept of state sovereignty.

This is the principle that means each nation has the right to govern itself without outside interference.

International bodies must be invited to have jurisdiction, such as through a country ratifying a relevant treaty without limiting enforcement provisions, where they exist.

The Rome Statute, which established the ICC, is an underused tool in combating modern slavery.

It provides a legal basis for prosecuting individuals for serious international crimes, including crimes against humanity, genocide, and war crimes.

The ICC can intervene if a country is unable or unwilling to prosecute slavery crimes, including enslavement and sexual slavery.

However, countries must ratify the Rome Statute for the ICC to have jurisdiction.

The Statute applies in times of conflict as well, enhancing global justice by creating an enforcement mechanism for the rules of war that safeguard essential human rights.

There are 32 cases listed by the ICC, among them is Dominic Ongwen, who was found guilty of 61 charges, including crimes related to enslavement and sexual slavery.

Not all countries have signed or ratified the Rome Statute. Major powers like the United States, China, Russia, and Saudi Arabia have not become members.

This limits the jurisdiction of the ICC, meaning that it does not automatically have jurisdiction in cases related to these countries.

Despite this, the Rome Statute does allow some other routes for accountability.

For example, if a citizen of a country that is a member of the Rome Statute is exploited by a citizen of a non-member country, the ICC may still have jurisdiction to investigate.

As a court of last resort, the ICC can only step in when a member state is unable or unwilling to investigate and prosecute serious international crimes.

This is in line with the principle of complementarity, which means that national courts should take the lead in investigating and prosecuting crimes. However, the ICC can provide support where necessary.

This support can include sharing knowledge, providing experts, and working with local governments to ensure that justice is served at the national level.

A case can be referred to the ICC by a member state, the UN Security Council, or with approval by ICC pre-trial judges.

Once referred, there are seven steps in the investigation and prosecution process for slavery crimes to ensure evidence is properly gathered, witnesses are protected, and justice is served.

The process includes:

The ICC’s ability to prosecute modern slavery has been strengthened by a 2024 policy that recognises contemporary slavery crimes as violations of human rights.

This policy helps ensure that slavery is acknowledged and treated as a current issue instead of one relegated to history books.

Despite the legal frameworks in place, recognising modern slavery remains challenging.

Many international crimes, including enslavement and sexual slavery, often overlap with other violations. This means that these abuses can be overlooked at times.

The ICC’s new Policy aims to avoid this hurdle by examining potential charges for enslavement and sexual slavery from the outset of a case being referred to the Court.

Enslavement, which refers to the exercise of the rights of ownership over a person, and sexual slavery are both crimes against humanity.

When committed during times of international armed conflict, sexual slavery is also a war crime.

The prohibition of slavery is recognised as a universal obligation under international law.

All states must prevent slavery, regardless of whether they have ratified the Rome Statute.

If they have agreed to other treaties that abolish and prevent slavery crimes, they have a universal obligation to act.

This obligation is one of the strongest in international law, meaning no country can ignore or override it.

Despite this, modern slavery continues due to factors such as poverty, conflict, weak law enforcement, and exploitation by businesses, and criminal networks.

If a state fails to act against slavery, others have the right to hold it accountable.

International law developed after World War II to establish universal standards and aim to prevent atrocities like slavery and genocide.

It provides mechanisms for justice and accountability when national systems are unable or unwilling to act.

Despite challenges, international law remains crucial in defining global norms, advocating for blind justice, and pressuring governments to uphold human rights for all.