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Sexual Slavery – Enslavement

Sexual slavery – Enslavement

The Rome Statute of the ICC prohibits the crime of ‘enslavement’ (a crime against humanity and a non-specific sexual violence crime – Article 7(1)(c) Rome Statute) and the crime of ‘sexual slavery’ (both a crime against humanity and a war crime and a specific sexual violence crime, Articles 7(1)(g) and 8(2)(b)(xxii) and 8(2)(e)(vi), respectively). According to Article 7(2)(c) of the Rome Statute: “‘Enslavement’ means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children.” The Elements of Crimes further explain that the exercise of power attached to the right of ownership includes the “purchasing, selling, lending or bartering [of] such a person or persons, or by imposing on them a similar deprivation of liberty”, and that this conduct includes trafficking in persons, in particular of women and children. The Elements of Crimes with regard to the crime of sexual slavery are similar to enslavement, with the addition that an act of a sexual nature needs to have been committed.

Assignment 1

Some have argued that the crime of sexual slavery is somewhat redundant as the conduct/crime would also – and better so – fit under the crime of enslavement.

Read:

  • Alexandra Adams, “Sexual Slavery: Do we Need this Crime in Addition to Enslavement?” Criminal Law Forum, Vol. 29, Issue 2 (2018), 279-323.
  • Patricia Viseur Sellers, “Wartime Female Slavery: Enslavement?”, Cornell International Law Journal, Vol. 44, Issue 1 (2011), 115-143.
  • Patricia Viseur Sellers and Jocelyn Getgen Kestenbaum, “Sexual Slavery and Customary International Law”, 2020.
  • Sareta Ashraph et al., Public Amici Curiae Observations on Sexual- and Gender-Based Crimes, Particularly Sexual Slavery, and on Cumulative Convictions Pursuant to Rule 103 of the Rules of Procedure and Evidence, Situation in Uganda in the Case of the Prosecutor v. Dominic Ongwen, No. ICC-02/04-01/15 A A2 (Appeals Chamber), 23 December 2021.

Explain whether you agree with the above statement: if yes, why; if no, why not. When answering this question, also take into account the reason(s) why sexual slavery as a separate crime was included in the Rome Statute in 1998 in the first place.

Assignment 2

Listen to the podcast of Asymmetrical Haircuts where several experts discuss the Appeal Chamber judgment in the Ongwen case, including on the issue of sexual slavery-enslavement. What was decided in the Ongwen case regarding the issue of sexual slavery vs. enslavement? Would you agree with the arguments made by Jocelyn Getgen Kestenbaum (who was a member of the amici brief on this issue) on this issue? Please elaborate.