ICC prosecutor Karim AA. Khan KC has introduced a new policy on slavery crimes.
Seeking enhancement on the understanding, investigations and prosecution of the slavery crimes under the Rome statute, it’s the first policy of its kind issued by the international court or tribunal.
In the landmark historical legal decisions from the Nuremberg and Tokyo judgements to more recent cases of the ICC including Ntaganda (Situation in the Democratic Republic of the Congo) and Ongwen (Situation in Uganda) have recognized slavery crimes as war crimes and crimes against humanity.
While slavery crimes have a long history, they, unfortunately, are not a thing of the past. Slavery or enslavement is committed whenever there is an exercise of powers attaching to the rights of ownership over one or more persons.
This new policy sets out the scope of slavery crimes under the Rome Statute.
It will guide the office to properly investigate and prosecute the full character of enslavement and sexual slavery as crimes against humanity, and sexual slavery as war crimes, while acknowledging that slavery crimes can take myriad forms.
It will inform every step of the office’s work on slavery crimes: from preliminary examination to investigations, submissions before the court, and interactions with survivors.
This policy also identifies key principles essential to the office’s work at all stages, including the emphasis on survivor-centered and trauma-informed approaches, intersectionality, gender- and child-competent practices, contextualization and full and faithful characterization.
It addresses common misconceptions, while seeking to situate contemporary slavery crimes within their historical and cultural perspectives.
Slavery crimes can intersect with other Rome Statute crimes in a number of ways.
They are often gender-based crimes and can overlap with crimes against and affecting children. This new Policy is also harmonized with the 2022 policy on the Crime of Gender Persecution, the 2023 Policy on Gender – Based Crimes and the 2023 Policy on children and other relevant OTP guidance, to allow for comprehensive and consistent approaches to the Office’s work.
“ I am confident that this policy will enhance my office’s efforts to seek justice for those enslaved in the context of armed conflict, crimes against humanity, or genocide. I hope that it will significantly contribute to the progressive development of the international jurisprudence and best practices to further accountability, redress and non-repetition of slavery crimes," Karim Khan said.