The Anti-slavery Potential of International Criminal Justice

Abstract

The articles in this Special Issue make clear that international criminal justice will not eradicate modern slavery. However, they also make clear that the answer to the question ‘What role does international criminal justice have to play in the fight against modern slavery?’ is not simply: ‘None.’ Understanding the specific utility of international criminal justice in the fight against slavery requires understanding international criminal justice in historical, social, economic, political and broader legal context. It means recognizing that the existing tools of international criminal justice were sharpened to address international crimes that occur during armed conflict and mass atrocity, while exploring how those tools can be USED, adapted and developed to address the systematic injustices that underpin contemporary forms of slavery. It means recognizing that international criminal jurisprudence can shape human rights law, domestic criminal justice and even international business regulation c but also recognizing that institutions in each of those regimes will adapt and mould international criminal norms to their own contexts. It means recognizing that corporate actors are not clearly, at present, subject to international criminal responsibility; but also recognizing that international criminal law can indirectly shape corporate behaviour through other, more indirect, transmission vectors, notably prosecution of individual directors and statutory due diligence requirements. In this conclusion, I reflect on the cross-cutting insights that emerge from the articles in this Special Issue about the varied and nuanced roles that international criminal justice is playing c and could play c in the fight against slavery. I consider the policy implications that flow from these insights, and close with some practical suggestions for strengthening the role that international criminal justice plays in the fight against contemporary forms of slavery.