Legal Guide
Legal Guide
Trafficking
TABLE OF CONTENTS
   c) History of Modern Slavery and Human Trafficking: Why Efforts Have Been
         Ineffective?
         i) Evolution of Modern Slavery and Structural Challenges
         ii) Failures in Prevention, Protection, and International Coordination
   d)   The Universal Declaration of Human Rights and Its Relevance
   e)   Impact of Technology on Modern Slavery and Human Trafficking: Challenges for
         International Law
   f)    Protecting Victims: Legal and Humanitarian Approaches
         i)Legal Protections for Victims of Human Trafficking
         ii)Role of NGOs and International Agencies in Victim Assistance
   g)   Facilitation of Modern Slavery in Contemporary Society: Causes and Preventive
         Measures.
   h)   Importance of International Criminal Law in the Fight Against Human Trafficking
         i) Historical Case Examples of Human Trafficking and the Stance of the Internatıonal
         Criminal Court (ICC)
   i)   Regional Agreements and Their Impact on Addressing Human Trafficking
   4. Questions to Be Answered
   5. Bibliography
    1. Letter From The Under Secretary General of LEGAL 
It is my utmost honor to welcome you to the TFLMUN'25 Legal Committee. As the Under
Secretary-General of this committee, I am thrilled to see such passionate and capable minds gather to
tackle one of the most critical legal and humanitarian challenges of our time:
“The Role of International Law in Combating Modern Slavery and Human Trafficking.”
This is not just a topic of debate—it is a mirror held up to our world. Behind every statistic lies a story
of exploitation, silence, and survival. Modern slavery takes many forms: forced labor, human
trafficking, child exploitation—and far too often, it remains hidden in plain sight.
Now, allow me to take a step back from formalities and speak as Azra. Or maybe as you know
me—arzachair.
Sometimes, when I look around my social environment, I see how all of us—without even
realizing—can become slaves to the systems and expectations around us. Slaves to appearances,
performance, pressure. We live in a world that sells freedom but often delivers a silent kind of
bondage. This is what makes our agenda more than just a legal matter; it’s deeply personal. And it
should be.
This committee is a space not only to debate laws but to rethink how we, as a global community,
respond to suffering—both visible and hidden. I invite you to bring not only your legal understanding
but also your courage and empathy to the table.
Let this be the committee where silence is broken, where dignity is restored, and where young leaders
like you take the first steps toward real justice.
Don’t hesitate to contact me if you have any questions or just want to talk about the committee and
study guide.
Contact me:
durakazra3@gmail.com
2. Introduction to the Committee
The term "LEGAL" refers to the committee or body within an organization entrusted with
ensuring compliance with legal frameworks and overseeing adherence to applicable laws and
regulations. This committee is essential in upholding legal and ethical standards, providing
expert legal counsel to mitigate the risk of legal violations. Composed of legal professionals
with specialized knowledge in diverse areas of law, the LEGAL committee is equipped to
navigate the complexities of legal matters. It serves as the central point for addressing legal
inquiries and ensures that the organization remains well-informed of any legal developments
that could impact its operations.
The LEGAL committee is tasked with offering legal advice to ensure that decisions made by
the organization align with relevant legal requirements. It plays a crucial role in monitoring
and ensuring compliance with both national and international legal standards. By providing
guidance on necessary regulatory adjustments and internal policy changes, the committee
helps minimize legal risks and preserve the integrity of the organization.
The committee is also responsible for resolving legal disputes, offering strategies to address
conflicts, and recommending appropriate legal actions when required. It reviews, drafts, and
ensures the legal soundness of documents, such as contracts, agreements, and policies,
safeguarding the organization from potential legal complications arising from poorly drafted
or ambiguous documents.
LEGAL committee may also represent the organization in legal proceedings, advocating for
the organization's interests and ensuring its rights are defended in court or during
negotiations. Through its various functions, the LEGAL committee ensures that the
organization remains legally compliant and prepared to address legal challenges effectively.
3. Introduction to the Agenda Item
International law is a powerful conduit for combating human trafficking. The most reputable
and recent instruments of international law that have set the course for how to define,
prevent, and prosecute human trafficking are the United Nations Convention against
Transnational Organized Crime and its two related protocols: the United Nations Protocol to
Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, and
the United Nations Protocol against the Smuggling of Migrants by Land, Sea, and Air, which
entered into force in 2003-2004. The United Nations Office on Drugs and Crime (UNODC)
created these conventions, which have supported international law's ability to combat human
trafficking. In support of enforcing these instruments, the UNODC established the United
Nations Global Initiative to Fight Human Trafficking in 2007.
Instruments that have dealt with human trafficking date back to the abolition of slavery. They
include provisions within the Slavery Convention (1926) and the Supplementary Convention
on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery
(1956). Additional tools of international law that include segments against the trafficking of
persons include: the Universal Declaration of Human Rights (1948), the International
Covenants on Civil and Political Rights (1966), The United Nations Convention for the
Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others
(1949), and the Convention on the Elimination of all Forms of Discrimination Against
Women (1979). These instruments laid the foundation for the contemporary conventions and
efforts to eliminate trafficking.
i) Palermo Protocol
The Palermo Protocol was adopted in 2000, represents a major step in the international
community’s response to human trafficking. As part of a broader effort to combat
transnational organized crime, the Protocol reflects Palermo’s historical significance as a hub
for dialogue on justice and security. While it provides a framework for defining and
addressing trafficking, its impact goes beyond legal measures—it symbolizes a unified global
stance against exploitation and abuse. The Protocol also highlights the importance of
international collaboration, echoing Palermo’s role as a meeting point for nations seeking
shared solutions to complex global issues.
While the Palermo Protocol provides a robust framework for combating human trafficking,
its implementation has yet to fully adapt to the rapid technological advancements of our time.
The evolution of technology has introduced new challenges, such as the digital exploitation
of victims and the use of online platforms for recruitment and trafficking operations. Despite
its universal commitment to protecting human rights, the Protocol faces limitations in
addressing the complexities of cybercrime and ensuring sufficient measures against
trafficking in the digital age.
Article 2: Statement of Purpose: The purposes of this Protocol are:
(a) To prevent and combat trafficking in persons, paying particular attention to women and
children;
(b) To protect and assist the victims of such trafficking, with full respect for their human
rights;
Article 5: Criminalization: Each State Party shall adopt the necessary legislative and other
measures to establish trafficking-related actions as criminal offenses. This includes the intent
to commit trafficking, participating as an accomplice, and organizing or directing others to
carry out trafficking offenses.
The United Nations Convention against Transnational Organized Crime (UNTOC) is the
main international legal instrument for combating transnational organized crime. It was
adopted by the United Nations General Assembly on 15 November 2000 (Resolution 55/25)
and opened for signature during a High-Level Political Conference in Palermo, Italy, from 12
to 15 December 2000. The Convention entered into force on 29 September 2003. It is
supplemented by three protocols, each addressing a specific form of organized crime: the
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children; the Protocol against the Smuggling of Migrants by Land, Sea and Air; and the
Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and
Components and Ammunition. Countries must first become parties to the main Convention
before they can join any of the protocols.
Modern slavery is a pervasive global human rights issue that continues to affect millions of
people in the 21st century. Forms of human trafficking, such as child labor and forced
marriage, are examples of practices that violate fundamental human rights. The United
Nations recognizes modern slavery as a global human rights violation and is waging a
multifaceted fight to eliminate the problem. The United Nations (UN) has performed
significant work in the fight against modern slavery. Many documents, organizations and
agreements have guided the work on this subject. The Universal Declaration of Human
Rights, adopted by the United Nations in 1948, states that all human beings are born free and
should not be subjected to slavery. The Palermo Protocol, signed in 2000, is an important
international protocol aimed at preventing human trafficking, protecting victims and
punishing criminals. International Labour Organisation (ILO) leading the fight against forced
labour and ensuring fair working conditions. ILO has extensive work on modern slavery. The
UN High Commissioner for Human Rights (OHCHR) develops ideas to prevent modern
slavery from a human rights perspective. UNICEF works against modern forms of slavery
against children, such as child soldiers and forced marriage. Blue Heart Campaign. Launched
by UNODC, this campaign works to show solidarity with victims of human trafficking and
raise public awareness. Sustainable Development Goals (SDGs). Within the framework of the
2030 Agenda, in particular Target 8.7, they work to eliminate forced labour, human
trafficking and modern slavery. The United Nations is one of the main actors in creating the
legal infrastructure and assisting victims in the fight against modern slavery.
Organizations such as OHCHR, ILO and UNODC under the name of the United Nations
affect the solution of global problems.
 OHCHR is a UN institution in the field of human rights. It is responsible for ensuring the
universal recognition, protection and implementation of rights. The main purposes of the
organization include checking whether international human rights agreements are
implemented, reporting human rights violations and applying the necessary sanctions against
injustice. OHCHR works with the UN Human Rights Council to conduct Universal Periodic
Review (UPR). This process keeps a check on the human rights practices of all UN member
states. This aspect of OHCHR contributes particularly to transparency in the performance of
states’ responsibilities.
 The ILO is one of the oldest multilateral organizations, having been established by the Treaty
of Versailles in 1919 and later becoming a UN agency in 1946. The mission of the ILO is to
protect fundamental rights at work, ensure fair working conditions, and improve social
protection. The ILO's areas of work include combating child labor, preventing forced labor,
and occupational health and safety. It particularly examines the effects of global economic
crises, migration, and climate change on problems and seeks solutions.
  UNODC was established in 1997 by the merger of the United Nations Drug Control
Programme and the Centre for Crime Prevention. The organization's aims are to combat
threats to the international community, such as organised crime, drug trafficking, human
trafficking, migrant smuggling, corruption, cybercrime and terrorism. UNODC develops
special programs and provides consultancy to states, especially for the protection of women
and children in the context of combating human trafficking. The global reports prepared in
this context are important for lawmakers. The institution plays a key role in the achievement
of many goals.
c) History of Modern Slavery and Human Trafficking: Why Efforts Have Been
Ineffective
   While legal slavery was abolished throughout the 19th and early 20th centuries, modern
slavery and human trafficking have continued to persist in increasingly hidden and complex
forms. Today, modern slavery includes a wide range of exploitative practices such as forced
labor, sexual exploitation, debt bondage, involuntary domestic servitude, and child
trafficking. Unlike historical chattel slavery, modern slavery is often less visible, operating
within informal labor sectors, hidden private homes, and global supply chains. This evolution
has made detection and intervention significantly more difficult for governments and
international bodies alike.
 The structural roots of modern slavery lie in a combination of economic inequality, armed
conflict,     weak      governance,      and      systemic     discrimination.     Vulnerable
populations—particularly women, children, migrants, and ethnic minorities—are at the
highest risk. Traffickers exploit poverty, lack of education, and displacement, often luring
individuals with false promises of employment or safety. In regions affected by war or
disaster, where the rule of law is weakened, traffickers operate with relative impunity. These
underlying conditions enable exploitation to become not only widespread but, in many cases,
normalized or ignored by local authorities and communities.
International legal efforts have made some progress in establishing standards. Key among
them is the United Nations’ Palermo Protocol (2000), which defines and criminalizes human
trafficking, and mandates victim protection. Similarly, the International Labour
Organization (ILO) has adopted conventions aimed at eradicating forced labor and child
exploitation. Despite these legal frameworks, enforcement at the national level remains
inconsistent and often ineffective. Many countries have adopted anti-trafficking laws on
paper but lack the resources, training, or political will to implement them. Law enforcement
agencies may not recognize trafficking indicators, and judicial systems may fail to prosecute
traffickers or provide support to survivors.
    One of the major reasons anti-trafficking efforts have remained ineffective is the lack of a
comprehensive, prevention-oriented approach. While public awareness has grown and
criminal laws have been strengthened in many regions, most strategies remain
reactive—focusing on identifying and punishing traffickers after exploitation has already
occurred. In contrast, far less attention is given to preventative measures such as poverty
reduction, access to education, and economic empowerment for vulnerable populations.
Without addressing these root causes, efforts to stop trafficking at the source remain limited
in impact.
 Protection of victims is another area where significant gaps exist. Trafficked individuals
often face re-victimization, either through detention and deportation or through social stigma
and marginalization. In many legal systems, trafficking victims may be treated as illegal
migrants or criminals, rather than as individuals in need of support. Inadequate identification
mechanisms mean that many victims are never recognized as such and may not receive
access to shelter, legal aid, healthcare, or psychological support. Where services do exist,
they are often underfunded, fragmented, or not trauma-informed, which limits their ability to
support long-term recovery and reintegration.
To achieve meaningful progress, the global approach to modern slavery and human
trafficking must shift toward long-term, holistic solutions. These should include stronger
protections for survivors, investment in prevention and education, improved cross-border
collaboration, and accountability at both state and corporate levels. Without addressing the
social and economic conditions that allow trafficking to thrive, efforts will continue to fall
short.
   The Universal Declaration of Human Rights (UDHR), adopted by the United Nations
General Assembly in 1948, remains one of the most important documents in the field of
international human rights law. This declaration enshrines the fundamental rights and
freedoms that all human beings are entitled to, regardless of their nationality, ethnicity, or
religion. The UDHR consists of 30 articles, outlining key rights such as the right to life,
liberty, security, and freedom from slavery and human trafficking. These principles have
shaped not only national laws but also international conventions and treaties aimed at
protecting human dignity and preventing exploitation.
The UDHR has played a pivotal role in the global promotion of human rights, influencing the
development of various international instruments aimed at eliminating human rights
violations, particularly those related to modern slavery and human trafficking. The abolition
of slavery and the eradication of human trafficking are directly linked to the core
principles of the UDHR. Specifically, Article 4 explicitly prohibits slavery and the slave
trade in all their forms, while Article 5 bans torture and cruel, inhuman, or degrading
treatment or punishment. These provisions were ground-breaking at the time and continue to
serve as a framework for international efforts to combat human trafficking, forced labor, and
other forms of exploitation.
  Despite the UDHR’s global recognition and its moral authority, its implementation remains
inconsistent, and its intended outcomes are often not realized. Many countries have failed to
fully implement the rights guaranteed in the UDHR, particularly in regions where political
instability, corruption, or weak legal systems prevail. This failure to apply the UDHR is
especially evident in the ongoing fight against modern slavery and human trafficking, where
human rights abuses continue to occur on a large scale. These abuses often involve the most
vulnerable members of society, including women, children, migrants, and those living in
poverty, who are exploited for labor, sexual exploitation, or other forms of servitude.
One of the key obstacles to the full application of the UDHR’s provisions in addressing
modern slavery and human trafficking is the lack of effective enforcement mechanisms.
While international human rights law has evolved considerably over the decades, there
remains no universal binding enforcement mechanism to ensure that states comply with their
commitments. The UDHR itself does not have a specific enforcement body or a legal
structure to hold states accountable for violations. This lack of enforcement allows many
governments to neglect their obligations to combat human trafficking and slavery, often due
to economic, political, or social factors. In many cases, authorities fail to investigate or
prosecute perpetrators effectively, leaving victims of trafficking and forced labor without
recourse.
Furthermore, the absence of comprehensive global coordination has been another
significant challenge. While treaties such as the UN Protocol to Prevent, Suppress, and
Punish Trafficking in Persons exist to address human trafficking, there is still a lack of
coordination and collaboration between countries and regions. Differences in legal
frameworks, varying levels of commitment to international agreements, and disparities in
enforcement often enable traffickers to exploit gaps in national and international systems.
Traffickers frequently operate across borders, exploiting legal loopholes and weak law
enforcement, making international cooperation essential in curbing this issue.
  The political will of individual countries also plays a critical role in the success of efforts to
combat human trafficking and modern slavery. In some regions, governments prioritize
economic and security interests over human rights, leading to a lack of attention to human
trafficking issues. Moreover, the victim-blaming mentality that often surrounds trafficking
cases further exacerbates the problem. Many victims of trafficking are treated as criminals
rather than victims, which can lead to their further victimization rather than providing them
with the protection and support they need.
The need for stronger international cooperation, better enforcement mechanisms, and
renewed political commitment to human rights is critical. The international community must
work together to strengthen legal frameworks, improve victim support systems, and hold
perpetrators accountable for their actions. The UN and other international bodies must play
an active role in facilitating this cooperation and ensuring that states adhere to their human
rights obligations. Furthermore, governments must take concrete steps to implement the
recommendations of human rights bodies, ensuring that laws and policies are in place to
effectively combat modern slavery and human trafficking.
  The rapid advancement of technology has introduced both opportunities and challenges in
the ongoing fight against modern slavery and human trafficking. While digital technologies
have greatly enhanced communication and connectivity, they have also provided traffickers
with innovative tools to exploit vulnerable individuals. The proliferation of online platforms,
social media networks, and encrypted communication channels has allowed traffickers to
recruit, exploit, and traffic individuals more covertly and across borders. The use of
technology has made human trafficking a global issue that extends well beyond traditional
borders, presenting significant obstacles for international law enforcement and human rights
protections.
   One of the most concerning aspects of technology’s role in modern slavery is its use in
online recruitment and exploitation. Traffickers increasingly turn to social media platforms
such as Facebook, Instagram, Twitter, and even niche job boards like Craigslist or Indeed to
target potential victims. These platforms are used to pose as legitimate employers offering
employment opportunities, falsely promising a better life or economic stability, and
ultimately coercing individuals into exploitative situations. The ease with which traffickers
can communicate with potential victims online, often without revealing their true identities,
has made it difficult for law enforcement to identify and intervene before victims are
trafficked. Furthermore, the anonymity of the internet allows traffickers to operate without
detection, hiding behind fake profiles or accounts. The recruitment process often appears
innocuous at first but can rapidly evolve into exploitation when the victim is manipulated into
traveling for employment, only to find themselves trapped in a trafficking situation.
   Additionally, online platforms and websites have become central hubs for illegal sex
trafficking and the exploitation of individuals. Traffickers use adult entertainment
websites, escort services, and other online platforms to advertise victims for sexual
exploitation. These websites allow traffickers to place ads for individuals who are then forced
into prostitution or other forms of sexual servitude. Popular platforms such as Backpage
(which was seized and shut down by the U.S. government in 2018), as well as various
classified ad websites, have been notorious for facilitating such exploitation. These sites
provide traffickers with the ability to create fake ads, further obscuring their identities and
making it difficult for authorities to track down perpetrators. Even after the closure of such
sites, traffickers simply move to new platforms or encrypted messaging apps like WhatsApp
or Telegram, where they continue their exploitation undetected.
In addition to websites, the dark web has become a significant avenue for traffickers to
conduct illegal activities, including the sale and exploitation of humans. The dark web, which
is a part of the internet not indexed by conventional search engines, allows traffickers to
operate in an environment shielded from surveillance. Here, traffickers can advertise victims
for sale, organize illegal labor, and facilitate the exchange of illicit services without fear of
being detected by traditional law enforcement methods. Websites on the dark web such as
AlphaBay and Silk Road (both of which were taken down by international law enforcement)
previously facilitated the sale of humans and illegal services. These sites, often used for
illegal transactions, made it possible for traffickers to operate on a global scale, reaching
potential buyers and suppliers across borders. Despite these sites being taken down, the dark
web remains a difficult space to police, with traffickers continually adapting and moving to
new platforms that are not easily traceable.
 Encrypted messaging platforms such as Signal, WhatsApp, and Telegram are increasingly
being used by traffickers to communicate with victims and coordinate trafficking operations.
These applications, known for their strong encryption protocols, have made it easier for
traffickers to remain anonymous and maintain secret communication with their networks.
Through these platforms, traffickers can coordinate the movement of victims, instruct them
on where to go, and even threaten them if they attempt to seek help. The use of encryption
technology makes it extremely difficult for law enforcement agencies to intercept and
monitor these communications, thereby hindering efforts to dismantle trafficking operations.
These challenges pose a unique obstacle to international law enforcement, as traffickers can
freely operate across borders without the constraints of traditional law enforcement
jurisdictions.
The ability to operate globally and remain anonymous has facilitated the illegal trade in
labor as well. Online marketplaces, as well as labor recruitment websites, have been
exploited to place vulnerable individuals in forced labor situations. These sites are often used
to post fake job offers or recruit individuals for exploitative labor, particularly in sectors such
as domestic work, agriculture, and construction. Once victims are lured into these jobs, they
are often subjected to inhumane working conditions, deprived of their basic rights, and
trapped in a cycle of debt bondage. While some countries have established regulations to
monitor labor recruitment agencies, the global nature of online labor trafficking requires an
international legal framework that can effectively address these cross-border crimes.
The growing digital divide between countries also exacerbates the problem. While some
states have developed more robust measures for combating online trafficking, including the
creation of specialized cybercrime units and digital surveillance tools, other countries are not
equipped with the necessary infrastructure or expertise to tackle the issue. This disparity has
allowed traffickers to exploit the gaps in enforcement and take advantage of jurisdictions
with weaker laws or lack of resources. Moreover, the ever-evolving nature of digital
platforms makes it difficult for legal frameworks to keep pace with technological
developments. As traffickers continue to adapt to new tools and platforms, international law
must be flexible enough to account for these rapid technological shifts.
Furthermore, the use of technology for victim identification has created its own set of
challenges. While technological advancements such as biometric systems, facial recognition,
and data analytics can improve efforts to identify and assist trafficking victims, they also raise
concerns about privacy and data protection. International law must strike a balance between
using technology to detect and protect victims while ensuring that individuals' privacy rights
are upheld. Additionally, the use of digital tools for victim protection must be accompanied
by adequate training for law enforcement officials to understand how to use these tools
effectively without infringing on civil liberties.
In conclusion, while technology has provided numerous benefits, it has also posed significant
challenges in the fight against modern slavery and human trafficking. The increasing use of
digital platforms, encrypted communication, and the dark web has enabled traffickers to
exploit vulnerable individuals more effectively and evade law enforcement detection. To
address these challenges, international legal frameworks must evolve to incorporate
provisions that specifically address online trafficking, regulate digital platforms, and promote
global cooperation. It is essential that the international community remains vigilant and
proactive in developing legal instruments and strategies to combat the growing digital
dimension of human trafficking, while ensuring the protection of victims and the upholding
of human rights.
In the context of international efforts to combat modern slavery and human trafficking, the
protection of victims remains a core component of both legal obligations and humanitarian
responses. While considerable attention is often directed toward the prosecution of
traffickers, the rights, needs, and dignity of victims must occupy a central place within
international and domestic legal frameworks. Protecting victims entails not only preventing
re-victimization but also ensuring access to justice, rehabilitation, and long-term support
mechanisms. A comprehensive strategy to address human trafficking must therefore integrate
both legal protections and humanitarian assistance, ensuring that survivors are recognized not
merely as witnesses in criminal cases but as rights-holders entitled to full protection under the
law.
Legal protections for victims are established through a combination of international treaties,
regional instruments, and national legislation. The United Nations Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo
Protocol), which supplements the UN Convention against Transnational Organized Crime,
obliges States Parties to provide assistance and protection to victims of trafficking. This
includes measures to ensure the safety of victims, protect their privacy and identity, and offer
access to physical, psychological, and social recovery services.
Many national legal systems now incorporate victim-centered approaches, enshrining the
right to non-criminalization, whereby victims are not held liable for unlawful acts committed
as a direct consequence of their trafficking situation. Furthermore, victims are increasingly
granted temporary or permanent residence status, legal aid, and access to compensation
mechanisms. However, implementation remains inconsistent across jurisdictions. Some
countries lack adequate legislation or fail to provide the necessary procedural guarantees,
leaving victims without meaningful recourse or protection. Ensuring full and effective legal
protection requires harmonizing laws with international standards, strengthening victim
identification processes, and training legal professionals to recognize and address the specific
vulnerabilities of trafficking survivors.
International organizations, including the International Organization for Migration (IOM), the
United Nations Office on Drugs and Crime (UNODC), and the United Nations High
Commissioner for Refugees (UNHCR), contribute through technical assistance, capacity
building, and policy development. These agencies support member states in strengthening
national referral mechanisms, improving data collection on trafficking trends, and developing
victim-centered procedures. In humanitarian contexts, such as conflicts or forced
displacement, these international actors are often essential in identifying and protecting
victims who might otherwise remain invisible to authorities.
Effective victim assistance requires coordinated action among governments, civil society, and
international partners. It must be grounded in the principles of human rights, gender
sensitivity, and trauma-informed care. As human trafficking is both a criminal offense and a
violation of human dignity, responses must be structured to uphold legal obligations while
addressing the complex needs of survivors. Legal committees and institutions are called upon
not only to refine the legal frameworks but also to ensure that those frameworks are
operationalized in practice, through collaboration with humanitarian actors who work directly
with affected individuals.
The informal labor market and unregulated supply chains further contribute to the spread
of modern slavery. Multinational corporations, knowingly or unknowingly, may source goods
from suppliers that exploit workers. The lack of mandatory human rights due diligence laws
in many jurisdictions allows these practices to go unpunished. Furthermore, modern slavery
is increasingly facilitated through digital platforms that enable the recruitment and sale of
individuals, particularly in cases of sex trafficking and forced labor.
To address these root causes, legal frameworks must evolve. States should implement and
enforce comprehensive anti-trafficking legislation in line with the Palermo Protocol and
ILO conventions. Measures must include strict penalties for traffickers, protections for
victims, and clear legal definitions of trafficking and exploitation. International cooperation is
essential, particularly through extradition treaties, mutual legal assistance agreements,
and shared intelligence platforms.
Ultimately, the fight against modern slavery must be rooted in a human rights-based
approach, ensuring that all measures respect the dignity, agency, and recovery of victims.
Legal committees bear the responsibility of crafting enforceable international standards while
ensuring national implementation. By addressing the systemic causes and modern
mechanisms of exploitation, the international community can move closer to eradicating this
global crime.
International criminal law is a cornerstone in the fight against human trafficking, particularly
when such crimes occur on a large scale or as part of organized conflict. While many
anti-trafficking efforts are handled by national or regional legal systems, these often face
challenges such as limited jurisdiction, political interference, or insufficient resources. In
contrast, international criminal law transcends borders and ensures that the most serious
crimes—those that shock the conscience of humanity—do not go unpunished. When acts of
trafficking involve elements like enslavement, sexual slavery, forced labor, or the systematic
targeting of civilians, they may qualify as crimes against humanity or war crimes under the
Rome Statute of the International Criminal Court (ICC). This recognition empowers the
ICC and other tribunals to prosecute individuals, including government officials, military
leaders, and members of organized crime groups, who might otherwise evade justice within
their own borders.
Moreover, international criminal law helps frame human trafficking not just as a criminal
offense, but as a violation of fundamental human rights and dignity. It provides an
authoritative legal language that strengthens the work of national governments and
international organizations alike. The ICC’s ability to issue arrest warrants, investigate
transnational networks, and try individuals for trafficking-related crimes elevates the global
response beyond mere policy. It shifts the focus toward accountability, victim-centered
justice, and long-term deterrence. As human trafficking increasingly intersects with armed
conflicts, terrorism, and transnational crime, the role of international criminal law becomes
even more vital. It provides not only a legal structure for prosecution, but also a normative
framework that reinforces global consensus: human trafficking, in all its forms, is an
international crime and a threat to peace, security, and the rule of law.
While the term "human trafficking" does not always appear explicitly in international
criminal law proceedings, the ICC and other international tribunals have prosecuted
numerous cases involving trafficking-related offenses such as enslavement, sexual slavery,
forced marriage, and child soldier recruitment. A landmark example is the Prosecutor v.
Dominic Ongwen (2021) before the ICC, where Ongwen—a former commander in Uganda's
Lord’s Resistance Army—was convicted of 61 charges, including war crimes and crimes
against humanity. Among these were acts of sexual slavery, forced marriage, and
enslavement of abducted women and girls. The court recognized that the systematic
abduction and exploitation of civilians during conflict constitutes not only a violation of
humanitarian law but also meets the threshold of human trafficking as defined by the Palermo
Protocol and other human rights instruments.
Another case that highlights the evolving recognition of trafficking in international criminal
law is the situation of the Yazidi people under ISIS control in Iraq and Syria. Between 2014
and 2017, thousands of Yazidi women and children were abducted, sold in slave markets, and
subjected to repeated sexual abuse and forced labor. Although the ICC has not initiated a
formal case due to jurisdictional limitations—since Iraq and Syria are not parties to the Rome
Statute—the UN Investigative Team to Promote Accountability for Crimes Committed
by Da’esh/ISIL (UNITAD) has collected extensive evidence. UNITAD concluded that these
crimes may amount to genocide, sexual slavery, and human trafficking, urging
international prosecution. This case represents the global community’s increasing recognition
of trafficking as a tool of genocide and warfare, calling for stronger mechanisms to hold
perpetrators accountable, even across borders.
Further precedent can be found in the International Criminal Tribunal for the former
Yugoslavia (ICTY), particularly the Kunarac et al. case (2001), where the court convicted
Bosnian Serb soldiers for the systematic enslavement and repeated rape of Muslim women
during the Bosnian War. Although the term “trafficking” was not used, the acts were
classified as enslavement, a recognized crime against humanity. Similarly, in Sierra Leone,
the Special Court for Sierra Leone (SCSL) addressed cases where rebel groups conscripted
children and forced them into labor and sexual servitude—clear examples of trafficking under
international standards. These cases underscore how international courts have addressed the
substance of trafficking, even when not using the term directly, by focusing on the nature and
context of the crimes.
In sum, while international criminal law has yet to prosecute a case solely under the label of
"human trafficking," it has played an instrumental role in delivering justice for
trafficking-related crimes committed in the context of war, ethnic cleansing, and terrorism.
The ICC’s evolving jurisprudence demonstrates a growing willingness to interpret trafficking
as part of broader systemic abuses, setting a precedent for future legal action. As global
attention on human trafficking intensifies, there is a strong legal and moral imperative to
continue expanding the reach of international criminal law to ensure that no perpetrator
remains beyond the reach of justice.
After the adoption of the Palermo Protocol in 2000, a number of regional agreements have
emerged, building on the framework set by the United Nations and providing targeted
responses to human trafficking issues specific to various geographical regions. These
agreements focus on cooperation between neighboring countries, tailoring solutions to the
unique challenges and trafficking patterns found in their respective regions. While the
Palermo Protocol set a global standard, regional agreements allow for a more focused and
localized approach to human trafficking, addressing distinct cultural, economic, and legal
challenges specific to each area.
One such example is the Council of Europe Convention on Action against Trafficking in
Human Beings (2005), which was adopted to strengthen the legal measures against
trafficking in Europe. This treaty is a comprehensive and binding instrument that mandates
signatory countries to adopt measures to prevent trafficking, protect victims, and prosecute
traffickers. An important feature of this convention is the Group of Experts on Action
against Trafficking in Human Beings (GRETA), which monitors the implementation of its
provisions and provides countries with recommendations to improve national practices. The
European Union (EU) has also been active in addressing human trafficking, primarily
through the EU Directive on Preventing and Combating Trafficking in Human Beings
(2011/36/EU). This directive sets common standards for victim protection and encourages
cooperation among EU member states. It also emphasizes the importance of a
victim-centered approach, integrating anti-trafficking efforts with broader human rights
agendas.
In Africa, regional agreements have also been crucial in combating human trafficking,
especially through organizations like the African Union (AU) and the Economic
Community of West African States (ECOWAS). The African Union’s Protocol on the
Rights of Women in Africa, also known as the Maputo Protocol, includes provisions on
trafficking, particularly focusing on the trafficking of women and children for sexual
exploitation and forced labor. In West Africa, ECOWAS has developed a Regional Action
Plan to combat human trafficking by strengthening national laws, improving border controls,
and increasing regional cooperation. These initiatives have helped address trafficking flows
in the region, including those connected to labor exploitation and sexual exploitation.
In Asia, regional agreements have also made significant strides in combating human
trafficking. The Association of Southeast Asian Nations (ASEAN), for example, adopted
the ASEAN Convention Against Trafficking in Persons to strengthen regional cooperation
on law enforcement, victim protection, and capacity-building efforts. ASEAN has worked
with countries in the region to improve their legal frameworks, enhance border control
systems, and address the socio-economic factors that contribute to trafficking, such as
poverty and migration. The collaborative efforts of ASEAN, along with its partnership with
international organizations like the United Nations, have helped strengthen anti-trafficking
measures in countries with some of the highest rates of trafficking in the world.
Despite these regional agreements making significant progress, challenges remain. The lack
of political will, inconsistent enforcement, and insufficient resources often hinder their
effectiveness. Moreover, trafficking networks are adaptive, often shifting tactics and routes to
exploit new vulnerabilities, meaning that agreements must be constantly updated and revised.
Nonetheless, regional frameworks have demonstrated their importance in enhancing
international cooperation, tailoring responses to regional dynamics, and improving the
protection and support available to victims.
4) Questions to be Answered
9- How can we ensure supply chains are free from forced labor?
11- How can the ICC prosecute trafficking as a crime against humanity?
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