ABSTRACT
In the emerging eld of forced labor and human tra†cking we tend to break down the occurrences into types, such as sex tra†cking, agricultural slavery, forced marriage, forced
Human Tra†cking Introduced 79 Some Dominant Forms of Human Tra†cking 82
Sex Tra†cking 82 U.S. Legal Cases Dealing with Sex Tra†cking 85
Debt Bondage and Bonded Labor 87 Child Labor 90
C182 Worst Forms of Child Labour Convention, 1999 90 Some Less Dominant/Less Visible/Less Known Forms of Human Tra†cking 92
Bacha Bazi 93 “e Body, But Not the Person 94 “e World’s Sport 95
Conclusion 96 Review and Critical Discussion Questions 97 References 97
Cases Cited 99 Helpful Websites 99 Films and Documentaries 100
begging, forced organ removal, or by regions of the world, thematically or geographically. At the Human Tra†cking Clinic (HTC) at the Josef Korbel School of International Studies we discuss the “3 Cs,” the causes, conditions, and cures of human tra†cking to parallel the “3 Ps,” of punishment, protection, and prevention that is oš quoted by the U.S. Department of State’s O†ce to Monitor and Combat Tra†cking in Persons. “e U.N. Palermo Protocol and the U.S. TVPA (Tra†cking Victims Protection Act of 2000) tout themselves to be “victim centered.” While the eectiveness of the victim-centered policy of either the Palermo Protocol (see Chapters 1 and 2 for further discussion) or the TVPA might be called into question, there is at least a recognition that the wrong committed is directed at an individual human being and that it should be the center of concern. “is immediately raises a con³ict with the traditional jurisprudence of criminal law and its relationship between the individual and the community as expressed by municipal law. Criminal statues, and the Palermo Protocol and the TVPA are both criminal statues at their core, are expressions of community mores in their relationship to criminal behavior. A crime committed against an individual becomes a crime committed against the community. Once a crime has reached the level of prosecution by the state, the victim has little to no say in the proceedings and merely acts as a potential witness of the crime committed against the community. We know this because even if an individual victim of criminal activity were to forgive the perpetrator of the act against his/her, the state would continue to move against the perpetrator (also, see Chapter 12 in this volume). Should the victim, as part of his/her act of forgiveness, refuse to testify against the person who had criminally violated their rights and liberties, the state could bring criminal sanctions against her for refusing to testify! Once the state is involved in criminal proceedings their victim plays only a small part. While there has been a movement toward victim-centered crimes and procedures, again as seen in international and national statues like the Palermo Protocol and the TVPA and at international criminal proceedings like the International Criminal Tribunal for the Former Yugoslavia (ICTY), and the International Criminal Tribunal for Rwanda (ICTR), the place of the victims in criminal proceedings is still in question.
