(i) of the vagina or anus of the victim a. by the penis of the perpetrator or any other object used by the perpetrator; or b. of the mouth of the victim by the penis of the perpetrator; (ii) by coercion or force or threat of force against the victim or a third person.” The ICTY Trial Chamber in the Kunarac case found the element of force defined in Furundzija too narrow and that it did not include other factors that negate or vitiate victims’ ability to consent or simply that the act was without consent.218 It therefore added the element ‘the act was without consent’ to the Furundzija definition. In addition, it laid down an important principle that wherever the person subjected to the act has not freely agreed to it or is otherwise not a voluntary participant, it constitutes violation of sexual autonomy which must be penalised. From a woman’s perspective, the reference to the violation of sexual autonomy is a milestone not only because the Chamber determined that rape constitutes a violation of sexual autonomy but because of the very fact of recognition of the existence of sexual autonomy for women and that its infringement is a serious violation. The definition of rape in the ICC Statute (see further below), informed by the developments at the ad-hoc tribunals, is the current standard and is the inspiration for reforms of rape laws in many countries. iv) Advancing the Definition and Jurisprudence on Sexual Slavery The Kunarac case at the ICTY also laid down jurisprudence on enslavement that other tribunals used for trying sexual slavery. The judgment states that powers of ownership over another person could be exercised in different ways, some of which are “control of someone’s movement, control of physical environment, psychological control, measures taken to prevent or deter escape, force, threat of force or coercion, duration, assertion of exclusivity, subjection to cruel treatment and abuse, control of sexuality and forced labour”.219 The SCSL Trial Chamber in the RUF case elaborated on the definition of sexual slavery. It clarified that the actus reus includes a slavery element (exercise of any or all of the powers attaching to the right of ownership) and a sexual element (that the enslavement involved sexual acts). 220 Specifically, the Trial Chamber noted that the list of ways in which power of ownership is exercised is not exhaustive, and went on to adopt the above stated list of indicia of enslavement from the ICTY’s Kunarac judgment. Additionally, the Trial Chamber in the RUF case defined “similar deprivation of liberty” to include situations in which victims were not “physically confined, but were otherwise unable to leave as they would have nowhere else to go and feared for their lives”.221 The Trial Chamber also stated that “[t]he duration of the enslavement is not an element of the crime, although it may be relevant in determining the quality of the relationship”.222 In an earlier case, known as the AFRC case, the Trial Chamber had similarly found that the powers of ownership listed in the first element are nonexhaustive, consent or free will of the victim is absent under conditions of enslavement, and ownership may cover situations where individuals are not physically confined but may remain in the control of their captors because they have nowhere else to go and fear for their lives. 223 The AFRC 218 The Prosecutor v. Kunarac and others, ICTY, IT-96-23 & IT-96-23/1-T, 22 February 2001, ¶ 440, 441. 219 Ibid., ¶ 196. 220 The Prosecutor v. Sesay, Kallon & Gbao, Case No. SCSL-04-15-T, Judgment (Special Court for Sierra Leone, Trial Chamber I, Mar. 2, 2009), available at http://www.sc- sl.org/LinkClick.aspx?fileticket=D5HojR8FZS4%3d&tabid=215 (hereinafter the RUF TJ), ¶ 159. 221 Ibid., ¶ 161. 222 Ibid., ¶ 163. 223 The Prosecutor v. Brima, Kamara & Kanu, Case No. SCSL-04-16-T, (Special Court for Sierra Leone, Trial Chamber II, June 20, 2007), available at: http://www.scsl.org/LinkClick.aspx?fileticket=EqikfVSpLWM=&tabid=106 [hereinafter AFRC TJ]; ¶ 709. 60 6. INTERNATIONAL HUMANITARIAN AND CRIMINAL LAW | REDRESS