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More than authors from all continents. Historical Origins of International Criminal Law. Philosophical Foundations of International Criminal Law. Four-page briefs on policy challenges in international law. An online library. Online library on integrity in international justice. The perpetrator exercised any or all of the powers attached to the right of ownership over one or more persons, such as by purchasing, selling, lending or bartering such a person or persons, or by imposing on them a similar deprivation of liberty.
Exercise of any or all the powers attached to the rights of ownership. Benefits obtained by committing the crime of enslavement. Impossibility of the person to take decisions voluntarily. Absence of free will or real choice while taking decisions. Exercise of control, physical or psychological, over the person. According to the Kaing Appeals Chamber:. The Kunarac Trial Judgement noted:. That definition - 'Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised'.
The Trial Chamber accepts that the express prohibition of slavery in Additional Protocol II of , which relates to internal armed conflicts, confirms the conclusion that slavery is prohibited by customary international humanitarian law outside the context of a crime against humanity. The Trial Chamber considers that the prohibition against slavery in situations of armed conflict is an inalienable, non-derogable and fundamental right, one of the core rules of general customary and conventional international law.
These factors include the 'control of someone's movement, control of physical environment, psychological control, measures taken to prevent or deter escape, force, threat of force or coercion, duration, assertion of exclusivity, subjection to cruel treatment and abuse, control of sexuality and forced labour'.
Consequently, it is not possible exhaustively to enumerate all of the contemporary forms of slavery which are comprehended in the expansion of the original idea; [ The Krnojelac Trial Judgement stated:. Generally, the prohibition is against forced or involuntary labour [ According to the Kunarac Trial Judgement:. With respect to forced or compulsory labour or service, international law, including some of the provisions of Geneva Convention IV and the Additional Protocols, make clear that not all labour or service by protected persons, including civilians, in armed conflicts, is prohibited - strict conditions are, however, set for such labour or service.