V. Legal Framework and Analysis 92 Enslavement Enslavement under the Rome Statute is “the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children.”331 The ICC’s Elements of Crimes provides that the primary means of enslavement are through “the purchasing, selling, lending or bartering such a person or persons, or by imposing on them a similar deprivation of liberty.” 332 Such deprivation of liberty is not limited to forced labor and includes debt bondage, serfdom, and the purchase of wives.333 The ICTY in Kunarac discussed control of someone’s movement, control of physical environment, measures taken to prevent or deter escape, and buying, selling, trading, or inheriting a person as factors in identifying enslavement.334 That tribunal found enslavement occurred where women were “treated as personal property” and had “no realistic option whatsoever to flee . . . or escape their assailants.”335 This report documents systems used to track ownership of Rohingya men, women, and children. Upon boarding or in advance of boarding ships, traffickers gave many trafficked persons colored wristbands or wrote numbers on their bodies.336 When people asked what these were for, the traffickers told them that they had been purchased.337 Fortify also recorded the sale of women and girls as brides.338 The Commission and Fortify Rights also documented deprivations of liberty, including the use of cages and fences to limit mobility of those being held against their will.339 Traffickers returned and severely beat those caught trying to escape from camps on the Malaysia-Thailand border.340 This report documents the exercise of power of ownership over the victims, including the sale of men, women, and children. There are hundreds of instances where traffickers limited and controlled the movements of people, failed to provide adequate shelter, attempted to deter escapes through beatings and intimidations, and the buying and selling of men, women, and children.341 Just as in Kunarac, traffickers treated Rohingya men, women, and children as personal property, who had no realistic option to escape. There are, thus, reasonable grounds to believe the traffickers committed the prohibited act of enslavement. 331 Rome Statute, art. 7(2)(c). 332 ICC, Elements of Crimes, art. 7(1)(c). 333 ICC, Elements of Crimes, art. 7(1)(c) (stating that deprivation of liberty includes “reducing a person to a servile status as defined in the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 1956). Article 1 of the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 1956, adopted September 7, 1956, 226 U.N.T.S. 3, acceded by Malaysia November 18, 1957. 334 Prosecutor v. Kunarac, Kovac, and Vukovic, ICTY, Case No. IT-96-23-T and IT-96-23/1-T, Judgment (Trial), February 22, 2001, para. 543. 335 Id at para. 742. 336 Fortify Rights interviews with #23, #27, #55, #67, #74, #75, #77, #78, and #113, Myanmar, Thailand, and Malaysia, August 2014 – March 2015. 337 See, Chapter I. Section, “Deception.” Fortify Rights interview with #121, Sittwe Township, Rakhine State, Myanmar, May 2015. 338 See, Chapter II. Section, “Forced Marriage and Domestic Servitude of Women and Girls.” 339 Fortify Rights interview with #50, Songkhla Province, Thailand, September 17, 2014; Fortify Rights interview with #49, Bangkok, Thailand, September 23, 2014; Fortify Rights interview with #54, Kuala Lumpur, Malaysia, September 27, 2014; The Commission interview with Person A, a Commander of Company B, Battalion 3 stationed in Padang Besar, Perlis State from January 1, 2015 to January 31, 2015. 340 Fortify Rights interview with #05, Kuala Lumpur, Malaysia, August 10, 2014. 341 See, Chapter I. At Sea: Abuses on Human-Trafficking Ships in the Bay of Bengal; Chapter II. On Land: Abuses at Human-Trafficking Camps and Houses in Thailand and Malaysia.