The Implications of the Peremptory Prohibition of Slavery and its Accompanying Erga Omnes Obligations

Abstract

The prohibition of slavery, enshrined in the 1926 Slavery Convention and its 1956 Supplementary Convention, constitutes a fundamental principle of international law with the status of an erga omnes partes obligation. This article examines the prohibition’s legal foundation and its recognition as a non-derogable norm essential to protecting human dignity. Utilizing the framework articulated by the International Court of Justice in Belgium v. Senegal, the work establishes that the abolition of slavery aligns with the treaty’s object and purpose, reflects a shared interest among states, and is integral to achieving the Convention’s aims. As a cornerstone of international human rights law and policy, this prohibition represents an indispensable element of the global legal order, commanding universal adherence. However, widespread evasion of this prohibition, particularly among others in the context of sexual slavery, highlights significant deficiencies in enforcement, political will, and structural reforms. The persistence of such practices undermines the moral authority of international law and perpetuates systemic injustices. The analysis underscores the need for a unified global effort to uphold the prohibition as a universal obligation, advocating for enhanced cooperation, robust accountability mechanisms, and the political commitment necessary to translate the commitments of the 1926 Slavery Convention into effective protections against this grave human rights breach.