Leiden Journal of International Law
Volume 19, Issue 1, 2006, Pages 151-193
Forced Labour in Brazil: International Criminal Law as the Ultima Ratio Modality of Human Rights Protection (Article)
Bischoff J.L.*
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a
International Criminal Tribunal for the former Yugoslavia, Netherlands
Abstract
Notwithstanding estimates that 12.3 million persons today are subjected to conditions analogous to slavery, public international lawyers have almost completely ignored slavery and related institutions in recent decades. This article explores the phenomenon of forced labour in the Amazon, where anywhere between 25,000 and 100,000 people are compelled through trickery and coercion to work in subhuman conditions. After outlining the legal regime governing slavery-related practices, the author examines why the Brazilian government has failed in its efforts to secure compliance within its own borders of its obligations under anti-slavery and human rights conventions. The author then argues that holding the Brazilian state responsible and assessing monetary damages is not in fact the most effective and fair way to secure the human rights of the victims of forced labour, and that international criminal sanctions for the individual perpetrators – including prosecution in the ICC for crimes against humanity – is a viable and preferable alternative. © 2006, Foundation of the Leiden Journal of International Law. All rights reserved.
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Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-85010126303&doi=10.1017%2fS0922156505003225&partnerID=40&md5=26e13511885717402981178383fef701
DOI: 10.1017/S0922156505003225
ISSN: 09221565
Cited by: 3
Original Language: English