Element:
According to the Kunarac Trial Chamber:
"Thus, the Trial Chamber finds that the actus reus of the violation is the exercise of any or all of the powers attaching to the right of ownership over a person." "[1]
According to the Kunarac Appeal Chamber:
"It found that "the actus reus of the violation is the exercise of any or all of the powers attaching to the right of ownership over a person" [...]."[2]
The Krnojelac Trial Chamber stated:
"Enslavement under Article 5 of the Tribunal's Statute has been defined by the Tribunal as the exercise of any or all of the powers attaching to the right of ownership over a person. The actus reus of enslavement is the exercise of those powers [...]."[3]
Footnotes:
[1] ICTY, Prosecutor v. Kunarac, Kovac and Vukovic, "Judgement", IT-96-23-T and IT-96-23/1-T, 22 February 2001, para. 540.
[2] ICTY, Prosecutor v. Kunarac, Kovac and Vukovic, "Appeals Judgement", IT-96-23-T and IT-96-23/1-A, 12 June 2001, para. 116.
[3] ICTY, Prosecutor v. Krnojelac, "Judgement", IT-97-25-T, 15 March 2002, para. 350.
