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from Part III - Developing the Available Law
Published online by Cambridge University Press: 18 September 2020
The human trafficking of civilian populations often arises as a consequence of armed conflict. It is during conflict when vulnerable populations are at risk of exploitation by traffickers, no more so than women and girls sold into sexual servitude. Trafficking not only occurs as a means for perpetrators to profit from war, but as an instrument to wage war. This chapter first provides a survey of existing sources of international humanitarian law (IHL) and international criminal law (ICL) to identify correlates between these norms and the internationally accepted definition of trafficking in persons. It then considers the scope to prosecute trafficking in persons as a crime against humanity under Article 7 of the Rome Statute establishing the International Criminal Court (ICC). A focus on this provision is warranted given that it is the first in the history of ICL/IHL to explicitly acknowledge that ‘trafficking in persons’ can give rise to international responsibility. Finally, the chapter considers some of the common obstacles to securing prosecutions that arise both domestically and internationally, with particular reference to the ICC.
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