Moving Parts At the Intersections of Trafficking in Persons, Slavery, and the Slave Trade

Abstract

In this paper the author examines the relationship between trafficking in persons, slavery and the slave trade, arguing for a context-specific case-bycase assessment, especially with respect to the investigation and prosecution of the underlying conduct. The legal concepts are closely related; in some jurisdictions they subsume the other, while in others they consist of parts of the other. While the specific ways in which these concepts are connected may be fluid and relate to multiple moving parts, this is not purely an academic reflection – there are real-life consequences for survivors and victims, as diverse remedies are available for each. It is in the interests of justice to consider how to improve overall access to justice and especially to effective remedies for victims of all three crimes (especially considering the persistent impunity gaps, lack of accountability for these crimes, and low conviction rates). The author reviews the relevant legal frameworks and then goes on to identify some moving parts – areas of overlap, divergence, and ambiguity, presenting a few visualizations of the relationship between the crimes before considering how these moving parts work in practice by examining investigative challenges which are also reflected in caselaw. While trafficking in persons is often equated with slavery in contemporary discourse, the author puts forward some aspects which could help differentiate the crimes and posits that there is value in recognizing the differences between them. The conclusion put forward by the author is that all three legal concepts must be seen as complementary and mutually reinforcing if the international community will become effective at closing the impunity gap for the heinous and exploitative conduct that characterises all three crimes.