Editing Sexual slavery (section)

==Definitions==

The [[Rome Statute of the International Criminal Court|Rome Statute (1998)]] (which defines the crimes over which the [[International Criminal Court]] may have jurisdiction) encompasses [[Crime against humanity|crimes against humanity]] (Article 7) which include "enslavement" (Article 7.1.c) and "sexual enslavement" (Article 7.1.g) "when committed as part of a widespread or systematic attack directed against any civilian population". It also defines sexual enslavement as a [[war crime]] and a breach of the [[Geneva Conventions]] when committed during an international armed conflict (Article 8.b.xxii) and indirectly in an internal armed conflict under Article(8.c.ii), but the courts jurisdiction over war crimes is explicitly excluded from including crimes committed during "situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature" (Article 8.d).<ref name=Rome-Statute>{{Citation |chapter=Articles 7 and 8 |chapter-url=http://legal.un.org/icc/statute/99_corr/cstatute.htm |title=Rome Statute }}</ref>

The text of the Rome Statute does not explicitly define sexual enslavement, but does define enslavement as "the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children" (Article 7.2.c).<ref name=Rome-Statute/><ref>However the elements of the crime of sexual enslavement are described in more detail in a separate document originating from Article 9 of the Rome Statute: "General introduction 1. Pursuant to article 9 [of the Rome Statute], the following Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8, consistent with the Statute" (Article 1 of the Elements of the Crime). They are found in a paragraphs entitled "Article 7 (1) (g)-2 Crime against humanity of sexual slavery"; "Article 8 (2) (b) (xxii)-2 War crime of sexual slavery"; and "Article 8 (2) (e) (vi)-2 War crime of sexual slavery". The same wording is used in all three paragraphs ({{Citation |title=Elements of Crime |chapter=Article 7 (1) (g)-2 Crime against humanity of sexual slavery |publisher=International Criminal Law Database & Commentary |access-date=1 April 2018 |chapter-url=http://www.iclklamberg.com/Elements.htm#Article%207%281%29%28g%29-2 |archive-url=https://web.archive.org/web/20130509232341/http://www.iclklamberg.com/Elements.htm#Article%207%281%29%28g%29-2 |archive-date=9 May 2013}})
{{blockquote|
'''Elements'''
# The perpetrator exercised any or all of the powers attaching to the right of ownership over one or more persons, such as by purchasing, selling, lending or bartering such a person or persons, or by imposing on them a similar deprivation of liberty.
# The perpetrator caused such person or persons to engage in one or more acts of a sexual nature.
# The conduct took place in the context of and was associated with an international armed conflict.
# The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
}}
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In the commentary on the Rome Statute,<ref>Commentaries on treaties explain why certain words and phrases appeared in a treaty and what the delegates considered when agreeing to the words and phrases used.</ref> [[Mark Klamberg]] states:<ref name="iclklamberg.com">{{Citation| title=Rome Statute of the International Criminal Court |publisher=International Criminal Law Database & Commentary |page= footnotes: 29, 82, 107}}</ref><ref name="juridicas.unam.mx">
{{Cite journal|url=http://www.juridicas.unam.mx/publica/librev/rev/iidh/cont/39/pr/pr7.pdf|title=The Rome Statute's Sexual Related Crimes: an Appraisal under the Light of International Humanitarian Law|journal=Revista Instituto Interamericano de Derechos Humanos|volume=1|issue=39|pages=29–30|access-date=8 July 2012|date=January 2004|last1=Acuña|first1=Tathiana Flores|archive-url=https://web.archive.org/web/20120415001148/http://www.juridicas.unam.mx/publica/librev/rev/iidh/cont/39/pr/pr7.pdf|archive-date=15 April 2012|url-status=live}}
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{{blockquote|Sexual slavery is a particular form of enslavement which includes limitations on one's autonomy, freedom of movement and power to decide matters relating to one's sexual activity. Thus, the crime also includes [[forced marriage]]s, domestic servitude or other forced labor that ultimately involves forced sexual activity. In contrast to the crime of rape, which is a completed offence, sexual slavery constitutes a continuing offence. ... Forms of sexual slavery can, for example, be practices such as the detention of women in "rape camps" or "comfort stations", forced temporary "marriages" to soldiers and other practices involving the treatment of women as chattel, and as such, violations of the peremptory norm prohibiting slavery.}}