Human trafficking as a crime against humanity : some legal questions

Abstract

Trafficking in human beings (THB) has gained heightened prominence on the international agenda over the past two decades. Whilst most attention has been put on the national and transnational level, there has also been increased attention placed on human trafficking occurring in situations of conflict and related situations. The relevance of international criminal law in addressing human trafficking is therefore gaining attention. Thus far, there appears to be a reticence to addressing human trafficking in the context of international criminal law. As Bradfield notes: ‘the crime of trafficking in persons as a serious crime of international concern remains under-utilized and undercharged, at least within the Rome Statute framework and existing international caselaw’. This may in part be explained by misunderstandings of the requirements of trafficking (e.g., whether it requires a profit motive); the gravity of trafficking as a crime and its nature as a human rights violation, and its interaction with other crimes under international, transnational and domestic law. However, developments in the international criminal courts and tribunals have recently placed significant attention on the question and are ripe for greater consideration. In particular, the current ICC investigation into the situation in Libya has already raised the prospect of human trafficking being a matter of interest for the court.