decrease in personal autonomy,”409 In this regard, the so-called “exercise of the powers
attaching to the right of ownership” should now be understood as constituting control over a
person in such a way as to significantly deprive that person of his or her individual liberty, 410
“with the intent of exploitation through the use, management, profit, transfer or disposal of
that person. Usually, this exercise will be supported by and obtained through means such as
violent force, deception and/or coercion.”411
272. The Court shares this opinion and considers that it accords with the rulings of the Ad
hoc International Criminal Tribunal for the former Yugoslavia, the Special Court for Sierra
Leone, and Court of Justice of the Economic Community of West African States (supra paras.
259 to 262), so that, in order to determine whether a situation of slavery exists nowadays,
it is necessary to assess the manifestation of the so-called “powers attaching to the right of
ownership” based on the following elements:
a) the restriction or control of an individual’s autonomy;
b) the loss or restriction of freedom of movement;
c) the accruing of some gain to the perpetrator;
d) the absence of the victim’s consent or free will, or it is rendered impossible or
irrelevant by the threat or use of force or other forms of coercion, the fear of
violence, deception or false promises;
e) the use of physical force or psychological oppression;
f) the victim’s position of vulnerability;
g) detention or captivity;
i) exploitation.412
273. It is evident from the above that when a situation of slavery is verified, there has been
a substantial restriction of the juridical personality of the individual concerned 413 and it could
also include violations of the rights to personal integrity, personal liberty and dignity, among
others, depending on the specific circumstances of each case.
B.4. Prohibition of servitude and its definition as a practice similar to slavery
274. Before analyzing the specific facts of this case, the Court deems it pertinent to include
some considerations on the interpretation of servitude, the slave trade, traffic in women and
forced labor in light of Article 6 of the American Convention. Accordingly, the Court will refer
to the evolution of these concepts in international law.
275. Regarding servitude, its absolute prohibition dates from the 1956 Supplementary
Convention and its codification in subsequent instruments of international law (supra paras.
249 to 257). In this regard, Article 1 of the 1956 Supplementary Convention indicates that
debt bondage and serfdom are practices similar to slavery that must be abolished or
409
Written expert opinion of Jean Allain, folio 14929.
Written expert opinion of Jean Allain, folio 14930; International Criminal Court, Assembly of States Parties to the
Rome Statute of the International Criminal Court, Elements of Crimes, Document ICC-ASP/1/3, September 9, 2002,
p. 117.
410
Written expert opinion of Jean Allain, folio 14931; and 2012 Bellagio-Harvard Guidelines on the Legal Parameters
of Slavery, Guideline No. 2.
411
412
ICTY, Case of Prosecutor v. Kunarac, Trial Chamber, para. 542.
ICTY, Case of Prosecutor v. Kunarac, Appeals Chamber, para. 117; and ECHR, Case of Rantsev v. Cyprus and
Russia, paras. 280 and 281.
413
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