CYIL 2012

JANA ONDROVIČOVÁ CYIL 3 ȍ2012Ȏ abolishment of slavery was recognized as ius cogens by the law of human rights. This development, which started after World War II, put this right among those in the category of inalienable rights. 21 The new tendency of the international criminal law was brought by Rome Statute of the International Criminal Court. This Statute deals with the crimes against humanity 22 with the regards to enslavement. 23 Although the abolishment of enslavement has the same position in law as for instance the right of life, breach of this law does not necessarily constitute an international crime. The most important fact established by the Statute is defining the line of recognizing enslavement as a crime against humanity. Enslavement can become this kind of crime when it is committed as a part of widespread or systematic attack directed against any civilian population. 24 According to the Rome Statute enslavement constitutes a crime against humanity after fulfilling the conditions mentioned above. From the above mentioned wording it can be concluded that according to valid international law not every case of enslavement can be defined as an international crime. Its nature as a criminal offence in general is also determined by its context and gravity. 5. UN and modern slavery The text above deals with the most basic documents regarding modern slavery, its forms and means to suppress and punish these various forms of slavery. The major part of these documents was adopted by United Nations (UN). But adoption of legal documents is not the only way that UN has been involved in this area, as according to the UN Charter, 25 there is also the possibility to establish its own subsidiary organs. One of those subsidiary organs was established for the modern slavery issue. The Economic and Social Council 26 established the Working Group on Contemporary Forms of Slavery. The Working Group began its work in 1975 and was comprised of five independent experts. The Working Group was formed to monitor the application of the slavery conventions and review the situation in various parts of the world, develop and study a specific theme each year, and submit proposals for action at the national and international levels. In September 2007, the Human Rights Council established 27 a new mandate on contemporary forms of slavery, including its causes and consequences. This mandate provided for a Special Rapporteur on Contemporary Forms of Slavery 28 who would 21 Viz. European Convention on Human Rights and fundamental Freedoms. 22 See: Rome Statute; ICC; art. 7. 23 See: Rome Statute; ICC; art. 7 1(c). 24 See: Rome Statute; ICC; art. 7 1(c). 25 UN Charter; art. 7(2). 26 Working Group on Contemporary Forms of Slavery; the Economic and Social Council decisions; 16 (LVI), 17 (LVI); 17. 5. 1974. 27 The Human Rights Council res. 6/14 (2007). 28 Special Rapporteur on Contemporary Forms of Slavery http://www.ohchr.org/EN/Issues/Slavery/ SRSlavery/Pages/SRSlaveryIndex.aspx ( opened 4. 4. 2012 ).

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