(2) The slave trade includes all acts involved in the capture, acquisition or disposal of a person
with intent to reduce him to slavery; all acts involved in the acquisition of a slave with a view to
selling or exchanging him; all acts of disposal by sale or exchange of a slave acquired with a view
to being sold or exchanged, and, in general, every act of trade or transport in slaves.
Article 2
The High Contracting Parties undertake, each in respect of the territories placed under its
sovereignty, jurisdiction, protection, suzerainty or tutelage, so far as they have not already taken
the necessary steps:
(a) To prevent and suppress the slave trade;
(b) To bring about, progressively and as soon as possible, the complete abolition of slavery in all
its forms.
249. Since then, several international treaties have reiterated the prohibition of slavery,364
which is considered a peremptory rule of international law (jus cogens),365 and entails
obligations erga omnes according to the International Court of Justice.366 In the instant case,
all the parties have expressly recognized this international legal status of the prohibition of
slavery. In addition, both Brazil and most States in the region 367 are parties to the 1926
Slavery Convention and the Supplementary Convention on the Abolition of Slavery of 1956.
For example, Universal Declaration of Human Rights, 1948, Art. 4; Supplementary Convention on the Abolition
of Slavery, 1956, Art. 1; International Covenant on Civil and Political Rights, 1966, Art. 8; European Convention on
Human Rights, 1950, Art. 4; Rome Statute of the International Criminal Court, 1998, Art. 7; Convention No. 182 of
the International Labour Organization, 1999, Art. 3; African Charter on Human and Peoples’ Rights, 1981, Art. 5;
American Convention on Human Rights, 1969, Art. 6.
364
365
See, inter alia, expert opinion of Allain at the public hearing
Cf. Case of the Río Negro Massacres, para. 141, and International Court of Justice, Case of Barcelona Traction,
Light and Power Company, Limited (Belgium v. Spain), Judgment of February 5, 1970, para. 34.
366
Cf. Countries that have signed the 1926 Slavery Convention and its Protocol: Antigua and Barbuda, Bahamas,
Barbados, Bolivia, Brazil, Canada, Chile, Cuba, Dominica, Ecuador, Guatemala, Jamaica, Mexico, Nicaragua,
Paraguay, Santa Lucia, San Vincent and the Grenadines, Trinidad and Tobago, United States of America and
Uruguay. Available at: https://treaties.un.org/Pages/showDetails.aspx?objid=0800000280030bab; and countries of
the region that have signed the Supplementary Convention on the Abolition of Slavery of 1956: Antigua and
Barbuda, Argentina, Bahamas, Barbados, Bolivia, Brazil, Canada, Chile, Cuba, Dominica, Dominican Republic,
Guatemala, Haiti, Jamaica, Mexico, Nicaragua, Paraguay, Santa Lucia, San Vincent and the Grenadines, Trinidad
and Tobago, United States of America and Uruguay. Available at: https://treaties.un.org/Pages/showDetails.
aspx?objid=080000028003103d.
367
64