‘Modern Slavery’

Abstract

Although distinct legal definitions exist, rhetoric concerning slavery and enslavement is consistently intertwined with human trafficking. These concepts, along with many other exploitative practices are often collectively labelled: ‘modern slavery’ or some variation thereof. This term enjoys no utility under international law but is nevertheless heavily used in discourse. Beginning with a legal analysis regarding what constitutes slavery, enslavement and trafficking, respectively, this article endeavours to clarify these crimes as codified under international law. Thereafter, a textual analysis of relevant enslavement judgments follows in an attempt to identify the manifestation of any entangled legal discourse between these concepts. It ultimately leads to question whether these crimes are in fact distinguishable considering international jurisprudence on the matter; or, whether enslavement as a crime against humanity has already incorporated the law of trafficking within its construct.

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