Albanian Sex Trafficking as an ICC Crime

The black letter methodology is employed in this chapter, which focuses on how and why one should accept and recognise human trafficking as an international crime. The chapter analyses the wording of the Rome Statute’s provisions in relation to trafficking. First, consideration is given to the number of preconditions (chapeau elements) that must be met before a prosecution for this category of offence can proceed and examine how aggravated sex can be cognisable by the International Criminal Court (ICC) under its jurisdiction over crimes against humanity. Second, the doctrinal analysis includes a discussion of the Rome Statute’s enslavement provision, its lack of a trafficking definition, its doctrine of prosecutorial discretion, and its gravity threshold.