the evolutive interpretation of the concept of slavery, considering that in the case of contemporary forms of slavery, the victim is not subject to the exercise of the more extreme rights of ownership, but in all cases, as a result of the exercise of any or all of the powers attaching to the right of ownership there is some destruction of the juridical personality.” 386 The Ad hoc International Criminal Tribunal for the former Yugoslavia considered that, at the time of the facts of the case (1992), the contemporary forms of slavery identified in the original judgment formed part of enslavement as a crime against humanity under customary international law.387 260. Subsequently, in the Krnojelac case, the Ad hoc International Criminal Tribunal for the former Yugoslavia confirmed the standards established in the Kunarac case and indicated that, in that case, the enslavement that occurred was “primarily related to forced labour.”388 261. The Special Court for Sierra Leone (hereinafter also “SCSL”), in the judgments in the 2007 cases of Sesay, Kallon and Gbao389 and Brima, Kamara and Kanu, reaffirmed the standards established by the Ad hoc International Criminal Tribunal for the former Yugoslavia in the Kunarac and Krnojelac cases.390 The Special Court for Sierra Leone also considered forced labor as a form of slavery in the case of Charles Taylor, among others. In this regard, it stated that “[i]n order to establish forced labour as enslavement, the relevant consideration is whether ‘the relevant persons had no choice as to whether they would work,’ which is a factual determination,” rather than one based on the subjective perspective of the victims. 391 262. The Court of Justice of the Economic Community of West African States (hereinafter also “the ECOWAS Court of Justice”), in the case of Adijatou Mani Koraou v. Niger,392 reaffirmed the absolute prohibition of slavery under international law and in the abovementioned case, asserting that the crime of slavery was characterized by the concept of the “powers relating to ownership,” and considering, as a fundamental element, the degree of power or control exercised over the person. The ECOWAS Court of Justice agreed with the Ad hoc International Criminal Tribunal for the former Yugoslavia (Fiscal v. Kunarac) that “enslavement depended on the operation of factors or indicia of enslavement including the control of a someone’s movement, control of physical environment, psychological control, measures to prevent or deter escape, force, threat of force or coercion, duration, […] subjection to cruel treatment and abuse, control of sexuality, and forced labor. 393 263. In 2005, the European Court of Human Rights had the occasion to examine the phenomenon of slavery and servitude for the first time in the case of Siliadin v. France.394 Although the ECHR did not classify the specific situation in litigation as slavery (understood at that time in the sense of the classic definition of the 1926 Convention), it considered that 386 ICTY, Case of Prosecutor v. Kunarac, Judgment of June 12, 2012, para. 117. 387 ICTY, Case of Prosecutor v. Kunarac, Judgment of June 12, 2012, para. 117. ICTY, Case of Prosecutor v. Milorad Krnojelac (hereinafter Case of Prosecutor v. Krnojelac), No. IT-97-25-T, Trial Chamber, Judgment of March 15, 2002, para. 357. 388 SCSL, Case of Prosecutor v. Sesay, Kallon and Gbao, Trial judgment, Case No. TESS-04-15-T, Trial Chamber I, Mach 2, 2009, para. 199. 389 SCSL, Case of Prosecutor v. Brima, Kamara and Kanu, No. TESS-04-16-T-628, Trial Court. Judgment of June 20, 2007, paras. 744 to 748. 390 SCSL, Case of Prosecutor v. Charles Taylor, No. TESS-03-01-T, Trial Court, Judgment of May 18, 2012, para. 448. 391 ECOWAS Court of Justice, Case of Mme Hadijatou Mani Koraou v. Republic of Niger, No. ECW/CCJ/JUD/06/08, Judgment of October 27, 2008. 392 ECOWAS Court of Justice, Case of Mme Hadijatou Mani Koraou v. Republic of Niger, Judgment of October 27, 2008, paras. 76 to 79. 393 394 ECHR, Case of Siliadin v. France, No. 73316/01, Judgment of July 26, 2005, paras. 82 to 149. 68