3.c and 2.c, respectively.380 Lastly, the 1998 Rome Statute of the International Criminal Court defines enslavement as “the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children.”381 257. More recently, both the Draft Code of Crimes against the Peace and Security of Mankind adopted in 1996 by the International Law Commission (Article 18.d),382 and the subsequent draft articles on crimes against humanity adopted provisionally in 2015, also by the International Law Commission establish that enslavement is a crime against humanity (Article 3.1.c), which is defined in the latter document as “the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children” (Article 3.2.c).383 258. The Court will now review the interpretation of the definition of slavery and similar forms, by different international courts that have had the occasion to rule on this crime; as well as its development by the International Labour Organization and the relevant United Nations specialized agencies. B.2. International tribunals and quasi-judicial bodies 259. In its historic decision in the case of the Prosecutor v. Kunarac,384 the Appeals Chamber of the Ad hoc International Criminal Tribunal for the former Yugoslavia defined enslavement as “the exercise of any or all of the powers attaching to the right of ownership over a person.” It is important to note that, in its original judgment, the Ad hoc International Criminal Tribunal for the former Yugoslavia established the following criteria to determine the existence of a situation of enslavement or reduction to servitude: (a) the restriction or control of an individual’s autonomy, freedom of choice or freedom of movement; (b) the accruing of some gain to the perpetrator; (c) the consent or free will of the victim is absent or is rendered impossible or irrelevant by, for example, the threat or use of force or other forms of coercion, the fear of violence, deception or false promises; (d) the abuse of power; (e) the victim’s position of vulnerability; (f) detention or captivity, and (g) psychological oppression or socio-economic conditions. Further indications of enslavement include (h) exploitation; (i) the exaction of forced or compulsory labour or service, often without remuneration and often, though not necessarily, involving physical hardship, sex, prostitution, and human trafficking.385 The judgment of the Appeals Chamber emphasizes 380 Statute of the International Tribunal for Rwanda, art. 3.c. Available http://legal.un.org/avl/pdf/ha/ictr_EF.pdf. Statute of the Special Court for Sierra Leone, art. 2.c. Available at: http://www.rscsl.org/Documents/scslstatute.pdf. Rome Statute of the International Criminal Court 1998, Article 7.1: “Crimes against humanity. 1. For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: […] c) Enslavement […] Article 7.2: “2. For the purpose of paragraph 1: […] c) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children […]”. 381 International Law Commission, Draft Code of Crimes against the Peace and Security of Mankind, art. 18.d. Available at:http://legal.un.org/docs/?path=../ilc/texts/instruments/english/draft_articles/7_4_1996.pdf&lang=EF. 382 International Law Commission, Text of the draft articles on crimes against humanity, art. 3.2.c. Available at: http://legal.un.org/ilc/reports/2017/english/chp4.pdf. 383 ICTY, Case of Prosecutor v. Dragoljub Kunarac, Radomir Kovac and Zoran Vukovic (hereinafter Case of Prosecutor v. Kunarac), No. IT-96-23. Trial Chamber, Judgment of February 22, 2001; and No. IT-96-23-A, Appeals Chamber, Judgment of June 12, 2002. 384 385 ICTY, Case of Prosecutor v. Kunarac, Judgment of February 22, 2001, para. 542. 67