Trafficking in persons and forced detention A normative path from habeas corpus to ICTY case law. A normative path from habeas corpus to ICTY case law

Tratta di persone e detenzione forzata. Un itinerario normativo dall’habeas corpus alla giurisprudenza della ICTY

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.
Keywords: Trafficking in Persons; Forced Detention; Slavery; Habeas Corpus; ICTY Case Law.