Applying the definition of torture to the acts of non-state actors: The case of trafficking in human beings

Abstract

The question of whether the prohibition of torture and other ill-treatment extends to the acts of non-state actors continues to reflect a contentious issue in international human rights law. Through one of the most recent and under-analyzed manifestations of the debate, this article explores the extent to which the prohibition applies to trafficking in human beings. In doing so, it provides an analysis of the inherent limitations of the prohibition as applied to the acts of non-state actors, as well as suggesting possibilities for extension of the scope of the prohibition through the principle of due diligence. By defining the parameters in this way, this article submits that victims will receive more concrete protection, as opposed to assertions that trafficking constitutes torture on the basis of the severity of the act and attraction to the special stigma of the label alone. © 2014 by The Johns Hopkins University Press.