Sexual Slavery: Do We Need This Crime in Addition to Enslavement?

Abstract

The article focusses on the crime of sexual slavery in the ICC Statute. It examines the legal definition of enslavement in Article 7 (2) (c) ICC Statute and the Elements of Crimes (EOC) of enslavement and sexual slavery as well as the jurisprudence of the SCSL which was the first to deal with the application of the EOC of sexual slavery to a concrete situation (so-called ‘forced marriage’ phenomenon). The author questions whether there is a necessity to have two crimes against humanity of enslavement and sexual slavery but on the other hand, no war crime of enslavement. Further, she rejects the interpretation that human trafficking has become part of the definition of slavery/enslavement as the footnote in the EOC seems to suggest. The author argues vigorously that the phenomenon of ‘forced marriage’ should be prosecuted as sexual slavery and not under the residual offence of inhumane acts as a ‘new’ international crime.