The war in Ukraine stemming from large-scale Russian invasion of the country and all conflicts underway worldwide raise again and again the issue of the nexus between trafficking for the purpose of sexual exploitation (TiP-S) and conflict related sexual violence (CRSV). There is clear evidence that sexual violence has been systematically perpetrated during all recent conflicts, and that trafficking for sexual exploitation has been the usual consequence of migration in dangerous conditions, especially regarding women and girls. In this last case, sexual violence has frequently occurred during their journey and has been used by criminal facilitators to enslave victims.
According to my mandate as UN Special Rapporteur on trafficking I paid particular attention to this issue, and so did the current SR prof. Siòbhan Mullally. Relevant reports show that TiP is not a contingent consequence of terrorism and war, but a recurrent component of conflict situations, and so is CRSV, due to the collapse of the rule of law and institutions, military control of the territory, social marginalization of some social groups, and persistent discrimination of women and girls, just to mention a few causes.
One issue hampering implementation of preventative and remedial measures is related to the legal basis of the nexus Tip-S – CRSV which is problematic, as a recent UN Report1 shows. According to UN SG’s Report of 2024 and his previous ones, trafficking in persons itself can be considered a form of CRSV in certain conflict situations. This statement implies that TiP be acknowledged by national legislations as a crime linked with conflict and CRSV, in terms of an aggravating circumstance or as an autonomous crime. This innovative approach is crucial also in terms of victim social protection. As a matter of fact, in many countries assistance and support measures provided for by national laws only apply when the case is qualified as trafficking, and thus it is crucial that the nexus be dealt with within the trafficking label.
According to the formulation used by the UN SG, CRSV “encompasses trafficking in persons for the purpose of sexual violence and/or exploitation, when committed in situations of armed conflict”. This statement suggests that either the definition of trafficking contained in the Protocol should become broader, or that sexual violence itself should be considered a form of exploitation.
Does it lead to an interpretative enlargement of the concept of exploitation? This broad notion could appear in line with a current trend implying the wider understanding of exploitation. For example, the revised EU Directive 2011/36/EU including among the illicit purposes of trafficking the exploitation of forced marriage, surrogacy and illegal adoption. However, does it necessarily imply a conflation between violence and exploitation?
Although I have actively contributed to the recognition of the nexus between trafficking and CRSV which is symbolically very powerful, in terms of prosecutorial and judicial practice, the relationship between TiP and CRSV should remain a connection, not a conflation. It is crucial to give prosecutors a more complex set of tools to ensure full accountability of perpetrators and better victim social protection. Moreover, practitioners need clarity. Therefore, the notions of exploitation and violence should remain distinct concepts according to their different legal definitions or case law interpretations. This implies that two legislative measures should be adopted: international crimes related to CRSV should be autonomously codified by national laws; at the same time TiPs related to CRSV should be criminalized, as mentioned above.
In this context, and even before or without legislative revision, it is possible to overcome issues related to the current fragmented legal basis through interpretation, by using international instruments and soft law documents as an aid to interpretation. Just one example. According to the SG’s latest Reports, CRSV occurs not only when there is a direct link with conflict, but also when the link is indirect. This implies that cases involving internally displaced persons and/or refugees, when the victim tells a credible narrative of sexual violence suffered because of conflict, and when all the elements of TiP are proved, these cases must be qualified as TiP-S connected with conflict even though there is no clear connection between an armed group selling the person to traffickers and final exploiters taking advantage of vulnerabilities of the victim caused by extreme trauma. Moreover, abuse of a position of vulnerability should be considered inherent to a situation of widespread violence.
Importantly, the prosecution should always take care of victims’ ad survivors’ recovery and social inclusion. According to Security Council Resolution 2388 (2017), States must ensure that survivors of trafficking are provided with appropriate care, assistance, and services for their physical, psychological, and social recovery, in full respect of their human rights and in a manner that takes full account of the extreme trauma they have suffered and the risk of further victimization and stigmatization. One first implication is that non-governmental organizations and service providers assisting trafficked persons, and persons at risk of trafficking, must be supported and resourced to carry out their work accordingly. Secondly, it is a duty for law enforcement and prosecutors to ensure appropriate referral and to implement good practices aimed at preventing secondary victimization, especially when dealing with traumatized victims.
A victims and survivor-centered approach not only is an obligation upon States according to human rights law but has added value from the point of view of prosecution. The jurisprudence of Ad Hoc International Courts and the International Criminal Court show that taking care of highly traumatized victims and survivors secures an invaluable source of evidence when atrocities have been perpetrated in conflict contexts.
1. United Nations Report on “The Nexus Between Conflict-Related Sexual Violence and Trafficking in Persons for the Purpose of Sexual Exploitation”, launched in May 2025.