Human trafficking: a modern form of slavery or a transnational crime?

Abstract

The purpose of this article is to critically assess the two elements of the position just outlined. In the first part, we will attempt to demonstrate that ‘slavery’ and trafficking in human beings are separate legal categories. Although we argue that the concept of slavery has been expanded, in particular by the case law of the International Criminal Tribunal for the former Yugoslavia, and that trafficking in human beings partly overlaps with slavery, in my view the two crimes should not be confused. Furthermore, we will argue that in the vast majority of cases trafficking in human beings does not qualify as a crime against humanity. To this end, we will analyse the relevant legislation, successively examining primary sources of international treaties (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).