Forced labour is defined as work that is performed involuntarily and under the threat of penalty1. The prohibition of forced labour has been recognized as a norm of customary international law, which is binding on all states, known as an erga omnes obligation2. Recently included in the list of jus cogens3 norms, this means that the prohibition is absolute and non-derogable in nature4. Several international instruments require states to abolish forced labour, implement legislation to prohibit and criminalize such conduct and also punish the perpetrators of forced labour5. Perpetrators of such conduct may be natural persons, being actual persons, or juristic persons, being persons of legal creation such as corporations. Corporations are at risk of criminal liability both for direct involvement in forced labour (by employing workers themselves or through subcontractors), or through indirect involvement (by facilitating, assisting, or benefitting from the perpetrator’s criminal actions).Under international criminal law, forced or compulsory labour must meet the definitional requirements of genocide, crimes against humanity or war crimes. The most obvious parallel is the crime of enslavement, explicitly prohibited by the Rome Statute under Article 7(1)(c), when forming part of a crime against humanity. However, the contextual requirements
Forced labour is defined as work that is performed involuntarily and under the threat of penalty1. The prohibition of forced labour has been recognized as a norm of customary international law, which is binding on all states, known as an erga omnes obligation2. Recently included in the list of jus cogens3 norms, this means that the prohibition is absolute and non-derogable in nature4. Several international instruments require states to abolish forced labour, implement legislation to prohibit and criminalize such conduct and also punish the perpetrators of forced labour5. Perpetrators of such conduct may be natural persons, being actual persons, or juristic persons, being persons of legal creation such as corporations. Corporations are at risk of criminal liability both for direct involvement in forced labour (by employing workers themselves or through subcontractors), or through indirect involvement (by facilitating, assisting, or benefitting from the perpetrator’s criminal actions).Under international criminal law, forced or compulsory labour must meet the definitional requirements of genocide, crimes against humanity or war crimes. The most obvious parallel is the crime of enslavement, explicitly prohibited by the Rome Statute under Article 7(1)(c), when forming part of a crime against humanity. However, the contextual requirements