Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697646040471.pdf (Australia)
The indicia of slavery WHAT AUSTRALIAN JURISPRUDENCE SAYS ABOUT THE EXPERIENCE OF SLAVERY 1 After the 1990s Balkans war, an International Criminal Tribunal was established to deal with crimes that had been committed.

The Tribunal defined eleven tests to indicate if ownership and enslavement had occurred.

(These tests were called indicia or indicators of slavery.

The indicia were used by Australia’s High Court in R v Tang (2008) 237 CLR 1.)
The tests of ownership and enslavement were: • Control of movement • Control of environment • Psychological control • Control of escape • Force • Threat of force or coercion • Durance (duration of toil, forced confinement) • Assertion of exclusivity • Subjection to cruel treatment and abuse • Control of sexuality • Forced labour 1.

The trial, by the International Criminal Tribunal for the Former Yugoslavia, (Prosecutor v. Kunarac, Kovac and Vukovic, Case No IT-97-25-T, Judgement, ¶ 353 and nn.
955-57 [Mar.

15, 2001]) was cited in Anne Gallagher (2009) Human Rights and Human Trafficking: A Quagmire or Firm Ground?

A response to James Hathaway, Virginia Journal of International Law, Vol 49, No 4, page 807.