Slavery and the slave trade as legal terms
Definition of slavery
Slavery refers to a situation in which a person is treated as the property of another person and is completely deprived of their personal freedom. Slavery implies the authority to exercise control over a person as if over an object and the exercise of sovereign rights, including decisions over labor, place of residence, freedom of movement, and the sale of the person. The term thus also encompasses all behaviors that lead to the complete deprivation of rights of an individual.
From a legal point of view, slavery is not only a historical phenomenon but also internationally relevant, especially in the context of human rights.
Historical development of the legal classification
Antiquity to the 19th century
Slavery was a socially and legally tolerated phenomenon for many centuries. From Roman Antiquity through the Middle Ages up to modern times, systems existed in which people were held as property. In many legal systems, slaves were considered objects in the legal sense (“res mancipi” in Roman law). Slavery was usually established in law through codifications and special regulations, for example in the American Southern states until the passage of the 13th Amendment to the United States Constitution in 1865.
Abolition and international prohibition
From the 18th to the 20th century, a global recognition emerged that slavery is incompatible with universal human rights. Major milestones include the “Abolition Acts” of the British Parliament (1807/1833) and the decisions of the Congress of Vienna (1815), which condemned the slave trade internationally.
International regulation of slavery
International agreements
Slavery and the slave trade are now comprehensively prohibited under international law.
- League of Nations Slavery Convention of 1926: This convention defined slavery as “the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised” and obliged the contracting states to abolish all forms of slavery and the slave trade.
- Supplementary Convention of 1956: The Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery expanded the prohibition to include forced labor, debt bondage, serfdom, and child labor.
- Universal Declaration of Human Rights (1948), Art. 4: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”
Implementation in national law
The signatory states of the international conventions are obliged to implement the requirements in their respective legal systems and to classify violations as criminal offenses.
Slave trade: definition and legal classification
Definition of slave trade
Slave trade encompasses all actions involving the acquisition, transportation, holding, sale, or exchange of a person into slavery or analogous conditions. This also includes complicity, aiding and abetting, and supporting the maintenance of slavery.
International and national prohibitions
- Slavery Convention of 1926, Arts. 2 and 3: The obligation to suppress the slave trade in all its forms.
- Palermo Protocols (2000): The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, is today a central pillar in the international fight against modern forms of the slave trade.
- Domestic criminal laws, such as §§ 232 ff. Criminal Code (StGB) in Germany, expressly designate human trafficking for various purposes (including forced labor) as a criminal offense.
Forms of modern slavery
Forced labor and human trafficking
In addition to classical slavery, new forms of deprivation of rights exist:
- Forced labor: A person is forced to perform work and cannot leave the workplace without penalties.
- Debt bondage: Obligation to work due to an existing debt relationship, usually without realistic possibility of release from the obligation.
- Child labor/child slavery: Minors are forced to work or perform other services against their will.
Distinction from other forms of exploitation
Not every form of exploitation constitutes slavery; the decisive factor is the complete loss of personal freedom and the legal claim over a person as property. The precise legal classification varies according to national law and international conventions.
Criminal liability and enforcement
Sanction mechanisms
Slavery and the slave trade are classified worldwide as crimes against humanity and are punished in many states with long prison sentences. In accordance with the International Criminal Court (ICC), serious acts of systematic slavery fall under criminal liability pursuant to Art. 7 of the Rome Statute.
International cooperation
Combating modern slavery and human trafficking requires international cooperation. Interpol, Europol, as well as specialized UN committees and working groups, promote the exchange of information and coordinate measures for the investigation and prosecution of those responsible.
Victims’ rights and protective measures
Victims’ rights
Victims of slavery and the slave trade are entitled in many states to special legal rights to compensation, medical and psychosocial care, witness protection, and integration assistance. International conventions explicitly require effective victim protection and the possibility of enforcing their rights under criminal, civil, and administrative law.
Prevention
States are obliged to implement measures to prevent slavery and the slave trade, including information campaigns, training for authorities, and the monitoring of potential risk sectors.
Summary
Slavery and the slave trade are universally condemned and are comprehensively prohibited and subject to penalties under both international and national law. Legal norms to combat slavery cover both classical and modern forms of deprivation and oppression. At the same time, due to global developments, especially in the context of migration and irregular work, there remains an ongoing challenge to combat these phenomena and protect those affected. International conventions and national regulations provide a legal framework for the prohibition of these fundamental violations of human dignity.
Frequently asked questions
Which international agreements prohibit slavery and the slave trade?
Slavery and the slave trade are unequivocally prohibited by a wide range of international agreements. A key milestone is the “Convention to Suppress the Slave Trade and Slavery” of 1926, also known as the “Slavery Convention,” adopted by the member states of the League of Nations. It obliges signatory states to take all appropriate measures to eliminate slavery and analogous practices completely. In addition, the “Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery” was adopted in 1956, which expanded the definition of slavery and included further forms of exploitation such as debt bondage and forced marriage. Important human rights treaties such as the Universal Declaration of Human Rights (Art. 4, 1948) and the International Covenant on Civil and Political Rights (Art. 8, 1966) also expressly prohibit slavery and the slave trade. Regional human rights instruments, such as the European Convention on Human Rights (Art. 4), also oblige the contracting states to suppress any form of slavery.
To what extent are violations of the prohibition of slavery considered criminal offenses under international law?
Violations of the prohibition of slavery are regarded under international law as serious criminal offenses that can also be prosecuted as crimes against humanity. The Rome Statute of the International Criminal Court (ICC) of 1998 explicitly lists slavery, including human trafficking, exploitation, and forced labor, as crimes against humanity (Art. 7 Sec. 1 lit. c). States are obligated under the principle of universal jurisdiction to prosecute such crimes independently of the location of the crime and the nationality of the perpetrators. In addition, national criminal laws must provide for corresponding offenses and ensure their effective prosecution. Prosecution can therefore take place not only at the international level through specialized tribunals, but is primarily the responsibility of states.
Which legal instruments exist at the national level to combat modern slavery?
At the national level, states are obliged to implement the international legal framework through appropriate legislation. Most countries have anchored prohibitions of slavery, the slave trade, and practices similar to human trafficking in their criminal law. These include, among others, criminal provisions against human trafficking, forced labor, unlawful deprivation of liberty, and labor exploitation. In addition, there are administrative and civil law instruments, such as special supervisory authorities, protection programs for victims, and possibilities for compensation claims. In some countries, there are also specific laws that require companies to prevent and disclose modern slavery in their supply chains (e.g., the German Supply Chain Due Diligence Act or the UK Modern Slavery Act 2015).
How is the criminal liability of non-governmental organizations or companies regulated in connection with slavery?
Under international and national legislation, not only individuals but also legal entities such as companies can be held criminally or civilly liable for involvement in slavery or the slave trade. Many countries have introduced regulations on corporate criminal liability, so that companies can be held liable for the actions of their senior managers or employees if these enable or facilitate slavery, human trafficking, or forced labor in the course of business activities. Civil liability may arise from claims for damages by victims or from competition law provisions. So-called due diligence laws require companies to identify, mitigate, and publicly report on the risks of slavery in their supply chains.
What role does customary international law play in the prohibition of slavery?
The prohibition of slavery and the slave trade under international law is considered part of peremptory international law (jus cogens), that is, as a norm from which no derogation is permitted. This prohibition is effective under customary international law, which arises from a general state practice and the conviction of being legally obliged to do so (opinio juris). Even if a state has not signed relevant agreements, it is still bound by the customary international law prohibition of slavery. This grants the prohibition universal validity and the highest priority in the international legal order.
Can the prohibition of slavery be restricted in exceptional cases?
The prohibition of slavery constitutes an inviolable core norm of international law (jus cogens) and therefore cannot be restricted by national laws or international treaties. Even in times of war, public emergency, or states of exception, the prohibition remains absolutely effective. This distinguishes the prohibition of slavery from other human rights, which may be restricted under certain circumstances. Accordingly, international courts unequivocally oblige states to prohibit and prosecute any form of slavery, even under exceptional circumstances.
What legal remedies are available to victims of slavery and the slave trade?
Victims of slavery and the slave trade can, depending on national law, avail themselves of various legal remedies. These include the right to report the crime to law enforcement authorities, the right to protection during criminal investigations (e.g., witness protection or support from counseling centers), as well as the right to compensation and reparation. In many countries, there are also specific national compensation funds for victims. At the international level, affected persons can petition supranational human rights bodies such as the UN Human Rights Committee, the European Court of Human Rights, or the Inter-American Court of Human Rights — provided that domestic legal remedies have been exhausted.
