This paper focuses on forced detention, conceived as a constitutive element of trafficking in persons as well as the common denominator between trafficking and slavery. After describing habeas corpus as a normative instrument “within” the State to grant protection against forced capture, the analysis will stress the relevance of international law tools “beyond” the State’s perimeters, such as the recent ICTY jurisprudence.
Serena Vantin (2019). Trafficking in Persons and Forced Detention. A Normative Path from Habeas Corpus to ICTY Case Law. DPCE ONLINE, 2(2019), 1055-1068.
Trafficking in Persons and Forced Detention. A Normative Path from Habeas Corpus to ICTY Case Law
Serena Vantin
2019
Abstract
This paper focuses on forced detention, conceived as a constitutive element of trafficking in persons as well as the common denominator between trafficking and slavery. After describing habeas corpus as a normative instrument “within” the State to grant protection against forced capture, the analysis will stress the relevance of international law tools “beyond” the State’s perimeters, such as the recent ICTY jurisprudence.File in questo prodotto:
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