253. The International Labour Organization (ILO) also refers to the prohibition of slavery
and similar practices in its Convention No. 182 of 1999, concerning the Prohibition and
Immediate Action for the Elimination of the Worst Forms of Child Labour. 374 The ILO also
refers expressly to the Supplementary Convention of 1956 when considering that “all
necessary measures shall be taken to prevent compulsory or forced labour from developing
into conditions analogous to slavery.” 375
254. In addition to the regional and universal treaties mentioned above, other relevant
legal documents from different branches of international law reflect the prohibition of slavery
and similar practices. In the case of the post-war international tribunals, the Charters of the
1945 International Military Tribunal of Nuremberg,376 and of the 1946 International Military
Tribunal of Tokyo377 prohibit slavery as a crime against humanity.
255. Also, in the sphere of international humanitarian law, Protocol II Additional to the
Geneva Conventions declares the prohibition “at any time and in any place whatsoever” of
“slavery and the slave trade in all their forms.”378
256. Slavery has also been included as a crime against humanity over which the
international criminal courts have jurisdiction. Thus, the Statute of the Ad hoc International
Criminal Tribunal for the prosecution of persons responsible for serious violations of
international humanitarian law committed in the territory of the Former Yugoslavia since
1991 (hereinafter “the Ad hoc International Criminal Tribunal for the former Yugoslavia” or
“the ICTY”) of 1993, establishes enslavement as a crime against humanity (Article 5.c).379
The Statutes of the International Tribunal for Rwanda, of 1994, and the Special Court for
Sierra Leone, of 2000, include “enslavement” as a crime against humanity in their articles
ILO, Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms
of Child Labour, Article 3: “For the purposes of this Convention, the term “the worst forms of child labour” comprises:
(a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and
serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed
conflict; […].”
374
375
ILO, Convention No. 105 Abolition of Forced Labour Convention, 1957, Preamble.
Charter of the International Military Tribunal of Nuremberg, October 6, 1945, Article 6.c: “The Tribunal
established by the Agreement referred to in Article 1 hereof for the trial and punishment of the major war criminals
of the European Axis countries shall have the power to try and punish persons who, acting in the interests of the
European Axis countries, whether as individuals or as members of organisations, committed any of the following
crimes. The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there
shall be individual responsibility: […] (c) Crimes against humanity: namely, murder, extermination, enslavement,
deportation, and other inhumane acts committed against any civilian population, before or during the war, or
persecutions on political, racial or religious grounds in execution of or in connection with any crime within the
jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.”.
376
Charter of the International Military Tribunal for the Far East (Tokyo International Military Tribunal), January 19,
1946, Article 5: “Jurisdiction Over Persons and Offenses. The Tribunal shall have the power to try and punish Far
Eastern war criminals who as individuals or as members of organizations are charged with offenses which include
Crimes against Peace. The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal
for which there shall be individual responsibility: […] c. Crimes against Humanity: Namely, murder, extermination,
enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the
war, or persecutions on political or racial grounds in execution of or in connection with any crime within the
jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated. Leaders,
organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy
to commit any or the foregoing crimes are responsible for all acts performed by any person in execution of such
plan.”
377
Protocol II Additional to the 1949 Geneva Conventions and Relating to the Protection of Victims of NonInternational Armed Conflicts, 1977, Article 4.2.f. Available at: https://www.ohchr.org/EN/ProfessionalInterest/
Pages/ProtocolII.aspx.
378
Statute of the Ad hoc International Criminal Tribunal for the prosecution of persons responsible for serious
violations of international humanitarian law committed in the territory of the Former Yugoslavia since 1991. Available
at: http://www.icty.org/x/file/Legal%20Library/Statute/statute_sept09_en.pdf.
379
66