identified trafficking as a form of gender-based violence. Note that this issue is considered further at various points throughout the Commentary, including under Principle 1 and related guidelines (human rights of women); Principle 2 and related guidelines (application of the due diligence standard in the context of violence against women); Principle 3 and related guidelines (anti-trafficking measures violating the prohibition on sex-based discrimination); and Principle 13 (investigation, prosecution and adjudication of trafficking in persons cases). 4.3. TRAFFICKING IN INTERNATIONAL HUMANITARIAN AND CRIMINAL LAW51 International humanitarian law or “the law of war” is a branch of international law that regulates the conduct of hostilities. A critical aspect of international humanitarian law is the protection that it affords civilians who are caught up in an international or internal armed conflict – protection that is additional to human rights laws, which continues to apply subject to lawful derogation.52 In relation to both international and non-international the context of article 1A(2) of the 1951 Convention and/ or its 1967 Protocol relating to the Status of Refugees (HCR/GIP/02/01) [Hereinafter: UNHCR Gender Guidelines], para. 18. For more on trafficking in international humanitarian law and international criminal law, including the international legal prohibition on slavery and enslavement, see Gallagher, International Law of Human Trafficking, chap. 3. armed conflicts, international humanitarian law (both customary and treaty-based) prohibits a number of trafficking-related practices including enslavement, the slave trade, forced relocation and deportation to slave labour, uncompensated or abusive forced labour and arbitrary deprivation of liberty.53 Many rules of international humanitarian law now form part of international criminal law – that branch of law dealing with individual criminal responsibility for international crimes, including war crimes and crimes against humanity. The International Criminal Court and the ad hoc tribunals that preceded it are the major institutions of international criminal law. Their establishment provided the opportunity for further clarification of practices that are to be considered war crimes and crimes against humanity. Importantly, they also enabled the international community to address what many felt was a serious lack of attention to certain offences committed during armed conflict, including rape, enforced prostitution and enforced pregnancy. The Statutes of the Special Court for Sierra Leone and the International Criminal Tribunal for Rwanda both identify rape, enforced prostitution and any form of indecent assault as war crimes.54 Rape is further identified as a crime against humanity under the Statutes of the International Criminal Tribunals for both 51 On this point, see Legality or Threat of Use of Nuclear Weapons (Advisory Opinion) (1996) ICJ Reports 226, para. 25; Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (Advisory Opinion) (2004) ICJ Reports 136, para. 106; Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), Merits (2005) ICJ Reports 168, paras. 216–220. 52 See generally International Committee of the Red Cross, Customary International Humanitarian Law, Jean-Marie Henckaerts and Louise Doswald-Beck, eds. (Cambridge University Press, 2005), especially chapter 32. 53 Statute of the Special Court for Sierra Leone, article 3 (e); Statute of the International Criminal Tribunal for Rwanda, article 4 (e) (when committed as part of a widespread or systematic attack against any civilian population on national, political, ethnic, racial or religious grounds). 54 COMMENTARY 43